ICR1 Visa and EAD ???

[smoking joe 0]

Hello all,

Permit me to put up a short intro before delving to my queries which I hope will recieve your assistance.

I have dual British and Nigerian nationality, live and work in the UK. I got married to a USC in May last year (2011) -Houston. After the wedding I returned to the UK and my wife got round to submitting an ICR1 visa application (forms I-130 and G325A) sometime in August/September 2011. The plan was that since I had a very good job in the UK I would relocate sometime this year circa April/May this year- 2012- when all the processes were done, I could then move over to the states. I had not paid much attention to the application since my wife handled all this, however in the past couple of weeks she has started feeling the pains and stresses of commuting -transatlantic flights every quarter each way to spend a week here or I pop over to spend one or two weeks with her. As is we are now in April and there has been no movement so far on our application -hence my interest in seeking an alternative/faster approach to enable me move semi permanently to be with my wife while the ICRI visa process continues.

I therefore seek advice/comments on the efficacy of applying for work authorization or some other way to enable me move over immediately, start work(would not be difficult getting a job in my profession) in the US when next I come to visit my wife on the VWP based on my British passport. I used my Nigerian passport to apply for the ICR1 Visa- are there any downsides to this?

Your advice and comments would really enable me understand the situation and assist us make a decision on what we should do in the next few weeks.

many thanks all.

[canadian_wife 1,808]

Well, on the VWP you are not technically allowed to look for work, but then if you do find work you'll need to have the employeer submit paperwork for you to work legally, that takes time as well.

There is no immediate answer to your situation. There is not quick and dirty work visa that will allow you to work immediatly, all visas take time to process

Good luck

[Nich-Nick 3,354]

You are doing the best and quickest process available to you. If 5 months have passed since the date on the USCIS receipt your wife was mailed, then she should file a service request. Do you know the USCIS receipt number? Have you checked the online status at USCIS to see what's happening? If it's important to you and her then learn the process and follow up on it every step of the way.

[smoking joe 0]

Yes I understand I cant work under the VWP thats why I seek advice on what to do to get a job asap to be with my wife while the ICR1 process goes on.

Someone had advised that when I am next in the states to apply to adjust my status?? - what is this and how would this work with my ICR1 application?

[Deputy Purple 1,294]

Honestly, you're already at the halfway point or further and there isn't a process that will get you here working legally any quicker.

A work Visa will require the process to start from the beginning which is a setback of 5 months.

You should expect the petition approval in the next couple of months then just a few more months of waiting as you go through NVC and Embassy processing until you can POE and have your Greencard within 6 weeks to begin working.

[Darnell 8,478]

has yer wife called in to the USCIS call center, and asked for casefile status?

[grrrrreat 109]

You can't enter on the VWP "to look for work". In fact, you may be denied entry on the VWP if the border official decides you have an intent to immigrate (marriage to U.S. citizen in U.S. and intent to look for work certainly qualify)!

Even if you use another passport to enter the U.S., I am guessing your name and other biographical information will be flagged as a CR-1 beneficiary, so be prepared to demonstrate that you lack the intent to immigrate to the U.S. when traveling under the VWP.

[pushbrk 12,569]

Hello all,

Permit me to put up a short intro before delving to my queries which I hope will recieve your assistance.

I have dual British and Nigerian nationality, live and work in the UK. I got married to a USC in May last year (2011) -Houston. After the wedding I returned to the UK and my wife got round to submitting an ICR1 visa application (forms I-130 and G325A) sometime in August/September 2011. The plan was that since I had a very good job in the UK I would relocate sometime this year circa April/May this year- 2012- when all the processes were done, I could then move over to the states. I had not paid much attention to the application since my wife handled all this, however in the past couple of weeks she has started feeling the pains and stresses of commuting -transatlantic flights every quarter each way to spend a week here or I pop over to spend one or two weeks with her. As is we are now in April and there has been no movement so far on our application -hence my interest in seeking an alternative/faster approach to enable me move semi permanently to be with my wife while the ICRI visa process continues.

I therefore seek advice/comments on the efficacy of applying for work authorization or some other way to enable me move over immediately, start work(would not be difficult getting a job in my profession) in the US when next I come to visit my wife on the VWP based on my British passport. I used my Nigerian passport to apply for the ICR1 Visa- are there any downsides to this?

Your advice and comments would really enable me understand the situation and assist us make a decision on what we should do in the next few weeks.

many thanks all.

The only "faster approach" is to become a professor of the NVC shortcuts to be used after your petition is approved. You haven't applied for any visa yet. You're waiting for your petition to be approved. If you live in the UK, when the time comes, I would "apply for a visa" as a UK citizen, no matter what you put on the I-130 and G325a. They'll understand you have dual citizenship.

[Darnell 8,478]

ICR1 Visa and EAD

I'm sorry, but these two things are mutually exclusive - ie - you can have one, or the other, but not both at the same time.

[smoking joe 0]

The only "faster approach" is to become a professor of the NVC shortcuts to be used after your petition is approved. You haven't applied for any visa yet. You're waiting for your petition to be approved. If you live in the UK, when the time comes, I would "apply for a visa" as a UK citizen, no matter what you put on the I-130 and G325a. They'll understand you have dual citizenship.

Many thanks for the all the feedback. I guess I should wait for things to proceed and not jump the gun.

[grrrrreat 109]

Honestly, you're already at the halfway point or further and there isn't a process that will get you here working legally any quicker.

A work Visa will require the process to start from the beginning which is a setback of 5 months.

You should expect the petition approval in the next couple of months then just a few more months of waiting as you go through NVC and Embassy processing until you can POE and have your Greencard within 6 weeks to begin working.

Actually, the CR-1/IR-1 visa is stamped at the port of entry, immediately activating it as a temporary green card, so you can show that to begin working immediately even before you receive a physical green card.