Which is the best route to take i130/i485 or CR-1

[CatnAdam 0]

Well here goes the scenario, hope it is not to confusing.

Ok I am USC in the US Air Force previously stationed in the UK. I met a woman living there whose husband walked out on her over 4 years ago.

Well when I received orders back to the USA she decided to file for divorce and did so a few months ago. I returned to the states and we decided she should come visit me in the states. We both expected a long drawn out divorce due to him being a vindictive type guy and thinking he would not even sign the paperwork. She came over on the VWP and things went great, then out of the blue she found out that her ex finished the divorce proceedings and she quickly returned all the forms and 6 weeks +1 day later she was legally divorced. We married on her 75th day of her VWP visit. She has round trip tickets and a house she could go back to in the UK, but of course we do not want to be apart.

Now here is the question

What are our options to keep her in the USA? We have discussed sending her back to England if that’s what is required, but of course nobody wants to be separated from their spouse.

Do we do the I130/I485 is that even an option?

If I do have to send her back to England so she does not violate her VWP status what’s the best and fastest way to get her back to me in the USA permanently? CR-1 Visa?

Of course we would prefer to keep her in the USA, she has stuff she can go back to in the UK, but she does not have anything that forces her to go back.

Hate to think she would go back and we are waiting more than 6 months for a Cr-1 visa to go thru.

Any advice would be appreciated, we want to do this as fast and as legal as possible. Getting married was not spur of the moment but at the same time we did not expect it to happen on this visit due to her being married already.

Edited June 15, 2012 by CatnAdam

[Ruffie 22]

I would file for Adjustment of Status and once she gets her Advance Parole (or she could wait until she gets the Greencard) she can go back to England and sort out her affairs and then just come back for good.

If she leaves now and you guys start the CR-1 process, you're looking at 8-12 months until it's all done. There is no written document that says you cannot enter the US for vacation while there's a pending visa process, however it would get increasingly difficult for her to provide enough binding ties at the POE, in my opinion.

[CatnAdam 0]

Thanks for the advice, that is what we are leaning on doing is filing for AOS here, she has a house and stuff back in England... but her mom can take care of all that. There is nothing binding her to go back to England at this time. I think we would prefer to wait till all the paperwork is done here on this end then if need be travel to England together and not have to worry about her having issues coming back to the states.

Do you think the fact that we got married while she was here on VWP will be a big issue? As I said before she was married but abandoned for 4 years when she came over and the timing of the divorce and all that actually caught us by surprise and while living together for the last 2 months just confirmed what we had been feeling all along while dating. We honestly are trying to do the legal thing... we are married now and prefer not to have to seperate if we do not have to.

[AF-Wife 181]

No, just gather enough evidence of a bonafide marriage for the interview and you shouldn't have any problems. I successfully adjusted from VWP too!

[Ruffie 22]

I honestly believe that people who have nothing to hide don't have anything to worry about in the interview. I like to believe that USCIS trains their people accordingly and they should have somewhat of decent people reading skills. Just be honest and you shouldn't have any problems.

[alejandra007 3]

Don't make her go back! It will be a lot of time apart!i married on a tourist visa, but It was not planned. so really I had no thing to worry about! my case got approved in 3.5 months.

I would say file I130/1485.You two did not plan to marry, so legally u are not committing any fraud.

But she was married, so she should try to prove at the time of interview that she was going through a separated when she got involved with u. They might not ask her that, but you should be prepared for that. Did they have separate bank statements? live apart? if so, that proves that they were not together.

if ur relationship is genuine, u have nothing to worry about.

[JP and Tee 13]

hi everyone,

I have a lil question about this process.

My husband lives in the US while I am in Malaysia. I have a tourist visa, which is valid for at least another 5 years. We haven't filed for I-130 yet, just recently got married.

Recently, my husband called the USCIS military helpline (he's with the military). The lady he talked to told him I could fly to the US on a one way ticket, told the IO if they ask, that I'm filing for adjustment of status in the US and stay, hence the one way ticket. She also said it's ok, and we can do it.

Basically instead of filing it and me have my interview etc in Malaysia, we'll do the I-130/I-485 with me in the US.

From what I understand, a tourist visa means I can visit but not stay. My question would be would flying there on a one-way ticket be ok? I'm not sure if this is a good idea. I don't want to fly all the way there only to be told to go back to Malaysia, or worse, get banned from entering the US.