Adjustment of Status After Filing I-130 in London - Help!

[texasbantam 0]

Hi All!

Been a while since i 1st posted so thought i'd give a quick update -

Still no news from the Embassy on our I-130 application (filed May 2nd) - although I know that this isn't anything to get worked up about.

Now my dilema. Well my wife (US citizen, residing in the UK with me) is now pregnant! We're not entirely sure when she's due but of course she can't fly after 25 weeks, so it looks like she's going to have to go back to the US early. Possibly around middle of September.

Now the way things are turning out, i'm guessing from the responses to my previous post (EXTREMELY HEPLFUL by the way x !), that i probably won't get my visa till Sept/Oct time.

SO - my question is - is it possible for me to fly with her to the US, and then adjust my status, even though i've already started the DCF process here in the UK?

Many thanks for anyone thats taken the time to read this, and of course I will appreciate any replys!

Anthony.

[YuAndDan 153]

Wife does not need to be in the UK for visa interview, she could return home to the USA and you can remain behind in the UK and interview for the visa. DCF is very quick (5 or 6 months to process)

http://www.visajourney.com/timeline/k1list...m&dfile=Yes

The visa you have applied for will allow you work authorization immediately upon entry to the USA, adjusting from a visitor's visa will not.

Also entry to the USA with the INTENT to adjust and immigrate on VWP, or visitor's visa is considered to be visa fraud, and results in an interview, and if they suspect your intent was to misuse the visitor's visa, they can and do deny adjustment of status, and can deport, and place a bar on entry to the USA.

Just stick with the process that you have started, it is the quickest to a green-card.

[payxibka 10,045]

SO - my question is - is it possible for me to fly with her to the US, and then adjust my status, even though i've already started the DCF process here in the UK?

Should you be able to gain entry to the USA, you will be hard pressed to prove you did not have intention to immigrate..... Should your intention come into question the ramifications of a negative finding are harsh.

[YuAndDan 153]

SO - my question is - is it possible for me to fly with her to the US, and then adjust my status, even though i've already started the DCF process here in the UK?

Should you be able to gain entry to the USA, you will be hard pressed to prove you did not have intention to immigrate..... Should your intention come into question the ramifications of a negative finding are harsh.

Yep, quite hard to prove otherwise when there is an Immigrant petition filed in London, and you are married to a US citizen before entry and adjustment.

[texasbantam 0]

Many thanks to all of you!

Its kinda what i was thinking anyway, but I really appreciate the confirmation.

We shall continue on our Visa Journey! Will update as soon as I hear anything from the Embassy.

[YuAndDan 153]

Many thanks to all of you!

Its kinda what i was thinking anyway, but I really appreciate the confirmation.

We shall continue on our Visa Journey! Will update as soon as I hear anything from the Embassy.

Good idea.