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Filed: Other Country: Sweden
Timeline
Posted

Please advise:

I arrived in the US on the VWP early last year and 60 days following this my mother (a LPR) filed an I-130 for me to immigrate there. I had difficulty entering the US on that occasion because the officer at point of entry said I had used the VWP too many times in a short space of time (I had been regularly traveling to the US for 3 months at a time and then returning to the UK for 3 months).

Whilst I was in the US last year I did some work cleaning houses for cash which I stopping after 3 months because I was scared of being caught and deported or that it would have a negative effect on my I-130 application. I stayed longer than the 3 months the VWP allowed (approx 10 months in total), hoping that I would be able to stay until my I-130 was approved. Then I met a man online in Europe and I returned to England in around September last year and became engaged. I was due to be married last weekend, but unfortunately the relationship ended recently and I am looking at returning to the US but am not sure how to do so legally. I have no permanent address in the UK, no permanent employment in the UK and have already shown immigrant intent by having my mother file the I-130 last year. I am concerned about using the VWP to visit my Mum in the US because of the difficulties I had last time and the only “tie” I currently have to the UK is a return ticket.

Is there another visa I can use to visit pending approval of my I-130 which would allow me to visit?

If so, how long does this take to process?

Once I’m here is there a visa I can get which will allow me to work so I can support myself pending approval of my I-130? I have no professional qualifications/skills...

Is there any visa which will enable me to stay in the US until my I-130 is approved?

Is there any way for me to adjust status once I arrive or will I have to return to the UK when my I-130 is approved for the interview at the Consulate there?

Will my previous overstay and working illegally on the VWP affect the approval of my I-130?

If my I-130 gets approved, would my previous overstay and working illegally affect me getting an immigrant visa?

Sorry for all the questions, but I don’t want to cause any additional problems for myself. Please respond to this email address as I don’t yet have one of my own.

Many thanks for your help.

Eva

Filed: Other Timeline
Posted

Ok. First, you may not use the VWP now that you violated the terms by staying 10 months. You will have to apply for B2 visa in order to visit the US.

I'm not sure how you are going to overcome the burden of having immigrant intent with the facts that you have given. Obviously you are actively looking to stay here and the officers are going to pick up on that quickly.

I have to check but I think you now have a ban (3 year) since you accumulated over 180 days out of status.

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

 
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