File I-130 while in the US VWP

[ThomasKendall 0]

Hi this is my first post and I would like to try and get something cleared up, as I keep hearing different answers.

My wife is a US citizen, I am a UK citizen. We have known each other for around two years. We married in January in the US on which I travelled to the US with my family on the VWP.

I have a return flight booked for april. So not to over stay my VWP

I am spending the 90 days of my VWP with my wife so we can be sure I would like to reside in the US and to be sure we can live together (its all going great!)

So... I have no intentions to change my status from the VWP. I will be on the flight back to the UK in April, and she is visiting me in May. We will be filling for a CR1 visa and hope to reside in the US California.

My question is...

Can we file the I-130 now while I am still in the US or should we wait till I fly back. Obviously we want to minimise the time apart from each other and if I can file it now we can gain some time, and still be together.

There is a question on the I-130 asking if your spouse is currently in the US if so how.

I had a basic meeting with immigration yesterday. The kind you can juts book through the website and then wait to be called to a desk.

I stated my case and even asked the lady twice to be 100% clear if its ok to post the I-130 now while I am in the US. She said yes and just attach a copy of my return flight info.

I was surprised at her answer, and I feel like I need more confirmation that this is OK to do. I felt she was just a form filer/advisor and I knew more about my visa possibilities than she did.

(sorry if that sounds like I am undermining someones job, I'm just trying to explain my concerns)

I really don't want to jeopardise my case in anyway, and don't want to seem like I am cheating the system by claiming immigration on VWP.

I have full intentions to complete the visa processing from the UK, I just wanted to gain an extra month really.

Anyone done this before? advice would be greatly appreciated.

Thanks

[canadian_wife 1,822]

Nothing wrong with filing the i-130 while in the US and returning to the UK.

Good luck

[amykathleen2005 441]

Agreed, you can file CR-1 while in the US and then go back to the UK to wait it out. Perfectly legal.

[Adil & Jeanne 296]

Appy as soon as you can. Do not wait. She should have told you to file for extension to stay here. Did you do I 129 for financee visa? if so, and married in 90 days you can stay. Anyway, now you married in US and should apply to remain here while they process your I 130

[canadian_wife 1,822]

Appy as soon as you can. Do not wait. She should have told you to file for extension to stay here. Did you do I 129 for financee visa? if so, and married in 90 days you can stay. Anyway, now you married in US and should apply to remain here while they process your I 130

Just to clarify, application is a few months off. The US citizen petitions for the beneficiary. The beneficiary then applies for the visa. They are at the petition stage

And further, he cannot 'remain here until they process the visa'. He must return to the UK as it is clear in his original post that he did not arrive on a K-1 visa

Good luck

[amykathleen2005 441]

Appy as soon as you can. Do not wait. She should have told you to file for extension to stay here. Did you do I 129 for financee visa? if so, and married in 90 days you can stay. Anyway, now you married in US and should apply to remain here while they process your I 130

Did you even read the original post?

They came in on VWP, no visa at all. They are not staying here at the moment so no need to extend their stay, and they are already married. CR-1 is a fine and legal way to go about the process and they are doing it just fine.

[kutakendra 3]

I'd sure apply now. I don't know of any reason why it isn't allowed. BUT DON'T OVERSTAY! Then you'd be in trouble. You'll be sad while you are waiting. I'd get going, to decrease your wait.

[JoannaV 174]

Apply asap. I don't really see the need for you to attach your return flight info, but if that's what she said then I guess you could do it. I sent off my I-130 whilst in the US in August 2009, and left in November. You just answer the questions properly: yes you are in the US, entered via VWP, write the arrival date, the expiry date as shown on the I-94 in your passport, and the I-94 number. In question 22 you will fill out the right hand side, that you intend to interview at London in the UK. Really, given that you're writing that, there's no need to include your return flight info. That seems like extraneous paperwork that isn't needed.

[Amy and Nick 37]

We sent in our I-130 a week before I left the states back to England.

No problems yet! Send in the return flight info and leave on that flight and you'll be fine!

[ThomasKendall 0]

Thanks for all the help guys.

Gonna be getting our I-130 of this week.