What now?

[Blackbox 0]

Hi, kinda confused as to what I need to do. We married in oct while I was there on an Esta. I returned to UK for christmas and tried to return just before new year but I was refused entry. Ive spent hours online looking for next step. Ive read K3 are done (the route we were going to take). What do we do now? I need to be with her.

[together4evr 360]

She can come and visit you or stay with you.

I think if the border refused you once then they will probably refuse you again.

The K3 is not that popular or quick anymore. It started years ago when the spouse process was taking over 2 years. so they developed it to speed the process up so families could be together. But The K3 costs more, sometimes takes longer, you cannot work for months in usa. The CR-1 is the best option. You get a green card immediately, cheaper, you get a social security number and can work within weeks usually.

If you do file both CR-1 and K3 then the K3 usually gets closed when they put the two petitions together. I have only seen a couple K3 get thru in the last 6 months.

Good Luck and I am sorry you will be apart for awhile.

[Operator 1,927]

Read up on the CR-1 visa

[Blackbox 0]

I was refused because I travelled on Esta. I left US mid dec after 90 days (max allowed on Esta) and tried to re enter dec 30 for another 90 days while we started visa. Apparently Esta is for short term vacations only. Her visiting here is possible but she has joint custody of her 2 children week on week off so any visit would be a matter of days only.

Edited January 3, 2012 by Blackbox

[wee carrington 33]

I'm afraid there's nothing else you can do besides file the I-130 and wait. Did they give you some kind of bar on entering the US again?

[Blackbox 0]

No bar, Just that I couldnt stay in US on Esta and needed correct visa. So i need C/R-1 and I-130?

[bigdog 376]

Here is the link to the guide, http://www.visajourney.com/content/i130guide1

[wee carrington 33]

No bar, Just that I couldnt stay in US on Esta and needed correct visa. So i need C/R-1 and I-130?

Ohhh, so you could wait a month or so and then just try to travel to the US again for 90 days?

The I-130 is the petition your wife will file for you in order to ultimately obtain a CR-1 visa.

Here's the VJ guide: http://www.visajourney.com/content/i130guide1

[Blackbox 0]

No, that's the thing. I can't go for 90 days on Esta as I'm basically living there not on vacation. So how soon could I be with my wife when we file I-130?

Really appreciate you help in this mess.

[Penguin_ie 5,995]

Takes about 8-10 months from filing of the I-130 to visa.

[wee carrington 33]

No, that's the thing. I can't go for 90 days on Esta as I'm basically living there not on vacation. So how soon could I be with my wife when we file I-130?

Really appreciate you help in this mess.

As Penguin said, around 8-10 months you can be with her again. Unless she comes to visit you for a bit in the UK.

[Adriene H 89]

As Penguin said, around 8-10 months you can be with her again. Unless she comes to visit you for a bit in the UK.

She will probably need to show strong ties back to the US (letter from employer,

car title, lease/rental agreement or deed to house, etc) or the UK may

refuse her entry

[Blackbox 0]

She has title for car, our home and 4 rental properties she owns. Also she has joint custody of her daughters so staying here longer than a week or so isn't an option at all.