UK to US...visa trouble!

[jmcginley 0]

Hi there,

I'm from the U.K, got married to my fiance (he a US citizen) a couple of months ago here in Texas on a VISITORS VISA (a mistake!) Because if i go home to London now I won't be able to return for up to 6 months to a year, so I'm overstaying my 3 month visa and in the process of sending off the I-130 petition form..... because we were told as long as that is pending I can legally stay here.

My only worry now is I have to go home at some point in the next few months briefly to attend to some things, What visa can I apply for now to stay longer but still be able to get parole to go back and forth? K3? or any other non immigrant visa?

I appreciate anyone's advice! thanks

[canadian_wife 1,808]

I wouldn't overstay, if you just filed the I130 you have no authorization to stay

who told you that you could stay? Please don't say USCIS help line, they are simple customer service agents who do not process visas

who also told you that you couldn't visit for 6 months to a year?

good luck

[Harpa Timsah 13,258]

okay... you CANNOT legally stay in the US because you have a I-130 pending. The I-130 by itself grants no legal status.

You can go home and wait for the spousal visa process to go through (about a year), or you can stay here and apply for the I-485 as well, which does grant a temporary stay. With that, you can apply for an Advance Parole travel permission, which will take about 3 months to be approved. Before that is approved and in your hand, if you leave the US your application will be denied for abandonment.

You cannot have your cake and eat it too, you cannot marry on a tourist visa and expect to be able to travel freely and then move to the US when you are ready.

So, which path will you choose?

[JohnR! 5,495]

Hi there,

I'm from the U.K, got married to my fiance (he a US citizen) a couple of months ago here in Texas on a VISITORS VISA (a mistake!) Because if i go home to London now I won't be able to return for up to 6 months to a year, so I'm overstaying my 3 month visa and in the process of sending off the I-130 petition form..... because we were told as long as that is pending I can legally stay here.

My only worry now is I have to go home at some point in the next few months briefly to attend to some things, What visa can I apply for now to stay longer but still be able to get parole to go back and forth? K3? or any other non immigrant visa?

I appreciate anyone's advice! thanks

Some of the statements you make are not correct. If you are married and planning to live in the US your wife can file form I-130 to petition a resident visa for you. As stated in another post, filing the I-130 gives you no privilege in the US, in terms of residence just yet.

You can return to GB and if you do so provided you do not overstay the maximum allowed of 90 days per visit, you can return to the US while your case is being processed. Many here have come and visited with their spouses during the process and were allowed in the country unhindered.

You can also apply for AOS here and file for AP at the same time, in which case you should be able to leave the US and return once those two petitions are approved, which should take approximately 3-6 months.

Good luck!

[mtcmk1 37]

Maybe this will be helpful... http://www.visapro.com/immigration-articles/?a=1252&z=36