Newbie question!! Guidance needed!

[mhayday 0]

Hello All,

Im sorry if this question has been answered before but i cant seem to find it anywhere!

I am a UK citizen and I am married to a US Citizen (we got married in February this year in Georgia, USA)

Can I enter the USA under an ESTA (as if I was to visit her) and then while there apply for a K-3 visa and stay in the USA while it is processing??

We have been told we can do this but I want to make sure, she is in the UK with me at the moment and we are both travelling to the USA on the 24th June.

Thank you in advance!!!

[Hypnos 6,578]

Entering the US on a nonimmigrant visa (which the VWP is) with the preconceived intention to immigrate permanently would be immigration fraud.

In addition, the K-3 visa is no longer issued and all such applications are administratively closed. You would need to file for a CR-1 spousal visa which I believe currently takes about 8-10 months.

Edited June 5, 2012 by Hypnos

[canadian_wife 1,829]

Good morning

Yes, you can enter on the WVP and start the process for the Cr-1 visa (no more K-3, rid your mind of it)

http://www.visajourney.com/content/i130guide1

Follow the guides

However, you MUST leave when your authorized stay expires. Genearlly 90 days correct? You are not permitted to adjust status nor are you permitted to stay beyond your time given at the Port of Entry

GOod luck

[mhayday 0]

Thank you very much for your reply I had no idea the K-3 was no longer issued :S - So there is no way of extending my stay while the visa is being processed?! Im sure we had been told this could be done. I have made arrangements to quit my job in the uk etc.

Her parents (US citizens) have phoned the embassy to make sure we could do that. The reason I asked on here is i couldnt find anything about it on the internet.

I will call the Embassy in the uk tomorrow.

Thanks for the replies!

[canadian_wife 1,829]

well, part of your problem is that the consulate in the UK has nothing to do with extending your stay. If you enter on the VWP then you must extend your stay with USCIS but you must have a compelling reason. To stay because you don't want to be away from your wife or because you quit your job is not good enough

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60aRCRD

And read what it says:

You may not apply to extend your stay if you were admitted to the United States in the following categories:

Visa Waiver Program

Filing a petition gives you no authorization to stay in the US

Good luck

Edited June 5, 2012 by canadian_wife