IR-1/CR-1 application and visa waiver question

[Moofie37 1]

Hello,

I am a US citizen engaged to a British national who has been visiting me in the US on a visa waiver. We are going to get married in England in June. We are going away on our honeymoon and then coming back to the States. My spouse is returning to England in August after the 90 day stay on the visa waiver expires. I was then going to submit the I-130 petition for the IR-1/CR-1 visa. I had a few questions.

Under the above option, even though we are married, would my future spouse still be allowed to enter the country under the visa waiver because I have not filed the I-130 yet?

Would I be able to submit the I-130 before August while she is still in the US on her visa waiver? If so, would my future spouse have to apply for a change of status? I have been told that this option is risky because the US government may judge from her request that she came to the US on a visa waiver with the intention to immigrate, which is illegal.

If she goes back to the UK in August and I submit the I-130 while she in the UK, will she still be able to visit me in the US on the visa waiver while the I-130 is being processed?

Any information would be greatly appreciated.

Thanks in advance,

Moofie37

[Penguin_ie 5,993]

She can use the VWP to visit you before and while the process goes on. She should bring proof that she will return home in case she gets questioned at the border, such as a letter from her employer, stating when she is expected back, lease, bank account details etc.

You can file for her spousal visa as soon as you have the marriage cert, so no problem filing while she is in the USA visiting you, but she will have to return to the Uk when her 90 days are up (she can visit again later).

BTW, I assume you have looked into the paperwork necessary to marry in the UK? You need a visa for that too, even if not staying, I believe...

[Moofie37 1]

Thank you. That was very helpful. Yes. I have visitor's visa to get married in the UK.