british wife and adjustment of status

[stanleyg27 0]

my wife an I have been married for 3 years, I am a USC but currently hold resident status in england, I have worked and lived over here for the last 4 years. my uk visa is about to run out and we want to move to the states instead of getting me a new uk visa, If we were to go to the states using the visa waiver and then apply for adjustment of status because we do not wish to spend a lengthy time apart, would this work or would we most likey get denied this way?

thanks for any help or responses

Edited April 15, 2012 by stanleyg27

[himher 634]

Did you consider DCF aka filing the I130 through the embassy?

my wife an I have been married for 3 years, I am a USC but currently hold resident status in england, I have worked and lived over here for the last 4 years. my uk visa is about to run out and we want to move to the states instead of getting me a new uk visa, If we were to go to the states using the visa waiver and then apply for adjustment of status because we do not wish to spend a lengthy time apart, would this work or would we most likey get denied this way?

thanks for any help or responses

[stanleyg27 0]

Did you consider DCF aka filing the I130 through the embassy?

my visa runs out at the end of july and we have already purchased plane tickets with return incase she needs to come back, so i do not think we have sufficient time to file a i-130 visa as the time fram is anywhere from 5 month to a year.

If we did file for the I-130 before we moved and it has not been approved will my wife still be able to fly with me or will she be turned back at immigration?

[Inky 1,111]

my wife an I have been married for 3 years, I am a USC but currently hold resident status in england, I have worked and lived over here for the last 4 years. my uk visa is about to run out and we want to move to the states instead of getting me a new uk visa, If we were to go to the states using the visa waiver and then apply for adjustment of status because we do not wish to spend a lengthy time apart, would this work or would we most likey get denied this way?

thanks for any help or responses

This is visa fraud. Life time ban from the USA.

[kzielu 1,149]

my wife an I have been married for 3 years, I am a USC but currently hold resident status in england, I have worked and lived over here for the last 4 years. my uk visa is about to run out and we want to move to the states instead of getting me a new uk visa, If we were to go to the states using the visa waiver and then apply for adjustment of status because we do not wish to spend a lengthy time apart, would this work or would we most likey get denied this way?

thanks for any help or responses

That will be flat out immigration fraud.

[Julie y Pat 67]

Did you consider DCF aka filing the I130 through the embassy?

You will experience minimal separation this way, if any. Entering on VWP could be risky, being the spouse of a USC. You could pass through POE with no questions, or be faced with being denied entry or saying something to CBP that could screw you in the future. Yeah, and it would be fraud any way you look at it.

Edited April 15, 2012 by Julie y Pat

[Julie y Pat 67]

Is Direct Consular Filing really taking 5 months to a year in London?

[Nich-Nick 3,354]

my wife an I have been married for 3 years, I am a USC but currently hold resident status in england, I have worked and lived over here for the last 4 years. my uk visa is about to run out and we want to move to the states instead of getting me a new uk visa, If we were to go to the states using the visa waiver and then apply for adjustment of status because we do not wish to spend a lengthy time apart, would this work or would we most likey get denied this way?

thanks for any help or responses

It works in many cases but it's bad when it doesn't. There is no appeal. Using VWP (tourist) when the real planned intent is immigration is fraudulent use of VWP. It is often forgiven for spouses of US citizens, but it's a little stressful since it's twisting the immigration procedures and could backfire. Nobody wants to be separated but most of us have endured it to get our loved ones to the US.

DCF I-130 petition is filed at the USCIS office in London. Instructions http://london.usembassy.gov/dhs/uscis/i130filing.html

Their current approval time is posted and it's just under 3 months. Then the case goes to the embassy (Immigrant Visa Unit). That's when your wife sends in the visa application, gets a medical exam, and goes for an interview. That might take a month or likely two depending if you get your stuff together early so she's ready with all her documents as soon as the case is transferred to the IV Unit. A hold up is often the I-864 Affidavit of Support because many USCs don't file their US tax returns as required when living abroad. So when it's time to send that Affidavit of Support (either with VWP adjustment or an immigrant visa) they post "what can I do now?" A head's up if you haven filed 2009, 2010, and 2011...do it now before you need it.

Your wife can visit on VWP, even if you've filed a I-130 petition. Having something to prove ties to the UK like a job, residence, etc to return to will help greatly. Otherwise when she presents herself to immigration at the airport as the wife of a USC who is moving back on that trip, they might suspect she intends to remain in the US circumventing immigration laws and deny her entry on VWP.

With an IR1 immigrant visa, she does not have to pay the $1070 AOS fee and be out of status hoping for an approval and unable to leave the US, drive or work for many months. She enters the US as a 10 year permanent resident and can work, get a driver's license, or go visit the UK immediately.

Edited April 15, 2012 by Nich-Nick

[Darnell 8,479]

well, you qualify to file the I-130 via DCF to London (read much above)

and you might get sticky with time and timing, but

IF you file the I-130 , oh let's say THIS UPCOMING WEEK, to London,

then YOU, the USCitizen, can leave the UK anytime after the I-130 is approved,

noting there's more intake with the DS-230 and I-864, later, then finally an interview at the IV unit in London. Right after that, she gets a stamp in her passport, an IR-1 visa stamp, that allows her to come into the USA, then further with entry into a POE, she's a legal permanent resident.

as to her leaving with you - I dunno - it's certainly possible, but to adjust status IN the usa is a label of 'immigration fraud', usually.

so, dig out a calendar, put your proposed 'leave date' on there, then a proposed 'I-130 filing date at London' date on there, study the DCF timelines for London, and make yer best guesstimation.

I think it's mostly do-able, and she'll probably have to go back to the UK for the medical and the interview, should she travel with you on the VWP/ESTA allowed for her, even after filing the I-130.

So, have another think, do some more homework - there's a path for you that will be quick, if you study it, a bit more.

[Ryan H 3,828]

Moved from IR-1/CR-1 Process & Procedures to UK regional forum.