Our daughter needs her daddy...Help

[terri o'neale 0]

Hope this isn't too long...but I want to give as much info as I can so that we get the best advice possible. So here goes. I am a US citizen living in the Los Angeles area. My husband is a UK citizen living and working in London. For the past year, while we were together but not yet married he has just been traveling back and forth on the VWP. Because I am over 40 and we wanted a baby...we never used any birth control. My midwife had told me it would take a year or more of trying...wrong it took us 3 tries. Our daughter was born January 3, 2006. I had a very difficult pregnancy and wasn't able to work though. So my tax returns for 2005 suck. Paul and I got married February 15, 2006...while he was here for two months bonding with his daughter. We filed the I-130 on March 2, 2006. He returned to London on March 2nd. Our intent was to use the K3 Visa process, because I was staying home with our daughter and needed his income to survive. But now I have a great job that will raise us above the income guidelines of the I-864. Problem is...I now need him back to watch the baby so I can work. We have no intention of his working until he is legal. Here are my questions:

1) Should we just proceed with the K-3 process? Could he enter using the VWP and take the baby back to visit his parents before the 90 days...stay a couple of weeks...and come back...repeating as necessary until the K3 is approved? He would go back for the interview and everything.

2) I know if he hadn't left, we could have file an I-130 and an I-485 at the same time...even the I-131 and I-765. Now that he has left and we have filed the I-130...can he come back and us file the I-485. Would we have to withdraw this I-130 and simeonatously submit a new one?

3) Emmie and I are going over there in April or May to meet her grandparents anyway...could we get married again over there and file for DCF? Does the UK even do DCF?

4) Any other options? Emmie misses her dad...and neither of us want her in daycare.

Thanks,

Terri

[ChristinaM 0]

He should not come back in on the VWP and file the I-485. If he comes in with the intent to do that, it's immigration fraud. You cannot do DCF from London unless you (the USC) are normally resident there. Your best option is the K3.

With an immigrant petition in the works, he runs the risk of being denied entry on the VWP. Some will say that risk is large, others small. It's all about yours and his personal risk tolerance. Also, the more often he does it, the higher that risk gets. Your hubby cannot use VWP to "live" in the US; he must spend an appropriate time back in the UK.

Good luck!

[zyggy 9]

He should not come back in on the VWP and file the I-485. If he comes in with the intent to do that, it's immigration fraud. You cannot do DCF from London unless you (the USC) are normally resident there. Your best option is the K3.

With an immigrant petition in the works, he runs the risk of being denied entry on the VWP. Some will say that risk is large, others small. It's all about yours and his personal risk tolerance. Also, the more often he does it, the higher that risk gets. Your hubby cannot use VWP to "live" in the US; he must spend an appropriate time back in the UK.

Good luck!

Now that you have filed the I-130, your husband is on record as having immigrant intent. If you file an I-485 now, it will be denied due to fraudulent entry...

As Christina mentioned, DCF is not available to you as you are not resident in the UK...

So K3 is your only route now...

He's been travellingback and forth on VWP... be wary... the more and more he travels on VWP, the more and more the CBP is going to be suspicious of his immigrant intent. One of these days, he is going to be denied entry. I would suggest that your husband fly to the US through either Dublin or Shannon now. In that case, if he gets denied, he won't have far to go home.

You now need to be patient... file the I-129F for the K3 and wait... or alternatively, you could go live in the UK with him. It will only take you a few days to get a UK spousal visa from the UK consulate...

[meddykomp 0]

There is also the possibilty of meeting with your husband in Canada if you want him to take your daughter back to the UK for a bit. Remember to get her a passport and a notarized document stating that he may take her to the UK.