Brit married to an american and wanting to live in the US

[Britinamerica12 0]

Hi guys... I have searched online and made more phone calls than I can count. I am a brit who has been married to an american for the past two years. We have 2 children and although they have dual nationality I need to apply for permanent residency. I have NO idea where to begin and every website says something different. I have tried calling the 1-800-375-5283 number and it isas useful as a bag of sand in the desert. Can anybody point me in the right direction? At the moment I am living in the US with my family and have up to 3 months (uk non visa deal) before I have to leave and re-enter. I have already a US SS number and driving license from working here several years ago. I basically want to be able to obtain permanent residency, work and travel in and out of the US (I'm not interested in getting a US passport). Please point me in the right direction

[YuAndDan 153]

US Citizen starts by filing an I-130 Petition for you to get an IR-1 visa, you will then interview for it at the US embassy in London, the IR-1 will get you a 10 year permanent Green-card allowing you to immediately apply for work. The other option is K-3, but this visa needs to wait 90 days or more after arrival to the USA to get EAD or Green card allowing work.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide1

AOS does not sound like an option because you have obvious intent upon entry to the USA to immigrate, AOS from a NON-Immigrant visa other than K-Visa requires that entry to the USA had no INTENT to immigrate.

Edited October 7, 2008 by YuAndDan

[Boiler 45,967]

I would have a quick consultation with an Immigration Lawyer.

VWP is for 90 days not 3 months.

Do you need to go back anytime soon, most people an not just move countries with a suitcase.

[YuAndDan 153]

I would have a quick consultation with an Immigration Lawyer.

VWP is for 90 days not 3 months.

Do you need to go back anytime soon, most people an not just move countries with a suitcase.

Yep, VWP is 90 days, and it is not a quick, leave for a few days and then re-enter, the POE has refused entry for this behavior, if you intend on longer stays, you need to apply for a visa.

[Gemmie 142]

90 days is pretty much 3 months, give or take. I'm sure the OP knew that.

As someone else stated, you cannot continue to leave the US every 90 days and then re-enter. Many others have had problems with this, some even resulting in a denied entry. I experienced some problems myself this year as my re-entry apparently occured inside the 90 days I was last in the US, and was lucky to get in.

You have to apply for a spousal visa, you can read the guides at the top of the forums to look at the advantages of both types.

Edited October 7, 2008 by Gemmie

[Ian + Anne 0]

Hmm ! Can you not apply to change status as you are here already ?

If you have a SSN and a valid State ID / Driving Licence, this should be of some help to you should it not ?

Maybe someone here knows the route that you need to take with adjusting your status as you are here already and married to a USC for 2 years plus. If you can prove a stable marriage for these two years and provide large outlays as a married couple (in both names over these 2 years), then I don't see it being a problem to adjust status. I am not upto date on the rules / laws, been a while since I looked, but I know this route was there at one time.

Maybe someone else can advise on this.

Edited October 7, 2008 by Ian + Anne

[msu17 0]

Hmm ! Can you not apply to change status as you are here already ?

If you have a SSN and a valid State ID / Driving Licence, this should be of some help to you should it not ?

Maybe someone here knows the route that you need to take with adjusting your status as you are here already and married to a USC for 2 years plus. If you can prove a stable marriage for these two years and provide large outlays as a married couple (in both names over these 2 years), then I don't see it being a problem to adjust status. I am not upto date on the rules / laws, been a while since I looked, but I know this route was there at one time.

Maybe someone else can advise on this.

There is a HUGE issue with this. VWP is not for immigration. Since the OP has obvious intent to stay (since her husband of 2 years is here) direct filing for AOS would probs be questioned with a possible ban. You can't just come and file to stay

[Ian + Anne 0]

OP --- see / vist the link below and read it, then read it again.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited October 7, 2008 by Ian + Anne

[Gemmie 142]

OP --- see / vist the link below and read it, then read it again.

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The OP has intent to immigrate, she even says that she is "living" in the US with her family and using the VWP to leave and re-enter. That is extremely frowned upon. To gain permanent residency, you need a green card which you can get from applying for a visa.

[Ian + Anne 0]

OP --- see / vist the link below and read it, then read it again.

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The OP has intent to immigrate, she even says that she is "living" in the US with her family and using the VWP to leave and re-enter. That is extremely frowned upon. To gain permanent residency, you need a green card which you can get from applying for a visa.

Hi Gemmie,

I have seen posts on here in the past where others have been able to file for AOS that have been married for 2 years plus that have come to the US on the VWP.

I guess the OP will need to do some homework and read up on all her options and take the correct route to gain her GC to live here and work.

The route that I would take is to file for a K3 / CR1 myself and return to the UK and wait, but sometimes this can not be a viable option to some if they have no place to stay in the UK or do not have the funds to keep going back and forth. There are points where you could submit a letter with the AOS application detailing extream hardship to the family if she was to move back to the UK etc.

[Boiler 45,967]

I do not want to be critical but some of the comments are not quite right....

Best to send the money on a one time consultatoion with a lawyer.

[MargotDarko 0]

OP --- see / vist the link below and read it, then read it again.

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The OP has intent to immigrate, she even says that she is "living" in the US with her family and using the VWP to leave and re-enter. That is extremely frowned upon. To gain permanent residency, you need a green card which you can get from applying for a visa.

Hi Gemmie,

I have seen posts on here in the past where others have been able to file for AOS that have been married for 2 years plus that have come to the US on the VWP.

I guess the OP will need to do some homework and read up on all her options and take the correct route to gain her GC to live here and work.

The route that I would take is to file for a K3 / CR1 myself and return to the UK and wait, but sometimes this can not be a viable option to some if they have no place to stay in the UK or do not have the funds to keep going back and forth. There are points where you could submit a letter with the AOS application detailing extream hardship to the family if she was to move back to the UK etc.

People may have been able to do it, but it is not the legal route. We need to advise people on the legal way to immigrate for their situation. When there's intention to immigrate upon entry through the VWP, such as in the OP's case, it is illegal to file for adjustment of status.

[Gemmie 142]

OP --- see / vist the link below and read it, then read it again.

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The OP has intent to immigrate, she even says that she is "living" in the US with her family and using the VWP to leave and re-enter. That is extremely frowned upon. To gain permanent residency, you need a green card which you can get from applying for a visa.

Hi Gemmie,

I have seen posts on here in the past where others have been able to file for AOS that have been married for 2 years plus that have come to the US on the VWP.

I guess the OP will need to do some homework and read up on all her options and take the correct route to gain her GC to live here and work.

The route that I would take is to file for a K3 / CR1 myself and return to the UK and wait, but sometimes this can not be a viable option to some if they have no place to stay in the UK or do not have the funds to keep going back and forth. There are points where you could submit a letter with the AOS application detailing extream hardship to the family if she was to move back to the UK etc.

Hi Ian/ Anne,

The AOS option is open and legal to those that have visited the US, and then suddenly (without intention upon entry) decided to get married and stay. I think you're getting confused with those that have successfully adjusted status while remaining in the US after marriage. The person can not leave the US while waiting for the greencard. As soon as you leave the US without adjusted status, you are to apply for a spousal visa. The OP has left the US in the past two years of being married to her husband (seeing as there is no other way to reside there) and therefore needs a visa.

Also, the OP is using the VWP to enter the US for 90 days, leave and then re-enter. This isn't allowed as you cannot use the VWP to essentially "live" in the US. You need to get permanent residency, of course. People have been denied entry for this.

[Ian + Anne 0]

Well, it seems that the only route open to the OP is to leave the US and have her hubby file an I-130 and obtain a CR1 visa then via the US Embassy in the UK.

If she risks the other routes, it could cost her and the family $$$ and heart ache if the AOS is refused and a ban of 3 - 10 years is imposed.