A British citizen married in United States to a permanent residence(green card)

[isthiano 0]

I came to United States as British citizen with visa waiver, I got married to my wife here in February 2013 then went back to the UK, I came back in June to live permanently with my wife, we have no kids yet but we are trying to have children together, I have applied for the I-130 and got a receipt of acknowledgement. I'm following the instruction on the uscis homepage which describe my situation as " green card for a family member of a permanent residence" my wife holds a green card as a permanent residence, reading further on the homepage it states also . Get a green card while inside the United States. We have done the first part.

1. Petition with I-130

2. I-485 application for adjustment of status is the next as it was explained on the homepage.

My question is? At what point should we apply for the I-485 because we just got the receipt letter from uscis with priority date July 17,2013. Preference classification :201 B INA SPOUSE OF USC. Please advice.

God bless you all.

[stevie b 141]

unfortunately you will receive very few recommendations here on the site. you have committed immigration fraud by entering the US with the intent to immigrate without the proper visa. you may want to think your trip to the US in June as being temporary so as not to impede the process that you should have been following from the beginning. you came on a visa waiver, which is basically a tourist visa, not a I am married and going to stay in the states visa. I am sorry to sound a little short with this one, but all of us here are doing things by the book and are separated from our loved ones during the process... you unfortunately have not taken the time to educate yourself about how this works. there are all sorts of guides on the site, I would recommend that you spend the next week going through each and every one of them that pertains to you as well as reading several forums and threads about the topic.

[MedRoni 161]

So how did you come to live here permanently with no I-130 filed? You cannot just come permanently live and adjust status at this point. What you are trying to attempt is immigration fraud. That can get you a lifetime ban from the US. We cannot help you stay.

Legally - You need to go back to the UK and let your wife file an I-130 at this point. Since she is not a citizen the process will take a couple of years. You might want to hold off on having children until you can be together

Edited July 27, 2013 by MedRoni

[discoverusa 284]

Usually you would have to wait for the visa number to become available and be in legal status while in US awaiting adjustment (travel.state.gov - visa bulletin). As of August the priority date for spouses of Legal Permanent Residents will be current. I would suggest that you go back to your country and apply through consular process as not to be under suspicion that you entered US in order to immigrate.

It may not take few years since the visa will be available as of next month.

Check with the lawyer about your specific situation or do more research before you file I485.

read this:

http://www.avvo.com/legal-answers/visa-bulletin-shows-visa-availability-for-august-2-1329604.html

[newacct 688]

It may not take few years since the visa will be available as of next month.

But by the time his I-130 is approved, the wait may be back to a few years.

[isthiano 0]

Thanks to all you folks, I just read the visa bulletin for August 2013 however, since we already submitted the I-130 here in the USA, does that mean I apply for a fiancée visa from UK since August is just five weeks away?

[MedRoni 161]

Since you got married you are ineligible for a fiance visa. The I-130 is filed, however I assume you have incorrect information about your home, etc. if you filled it out here. I believe you may need to cancel the one you sent and refile - (which could be done now) with the proper UK addresses and information about your resident status. I am not 100% sure on that so if anyone else knows for sure - I am sure they will be by to help.

[Pitaya 2,577]

~~Moved from Family-based Visa AOS Progress to Work,Student, Tourist AOS Progress Forum~~

~~Attempting AOS from Visa Waiver~~

~Be aware of site's TOS~

Edited July 27, 2013 by A&B

[VanessaTony 3,567]

You have committed immigration fraud by entering on the VWP with intent to stay. What did you tell CBP when you entered?

I have to admit I'm curious why your I-130 receipt says spouse of USC on it... Are you sure your wife is an LPR? That seems to be a stupid question but I don't think your I-130 for LPR spouse spouse say USC... If your wife IS an LPR your receipt is wrong... I'd call USCIS about that personally.

You entered in June so your stay should expire in September. If your wife IS an LPR, if your I-130 is not approved before your VWP expires, you cannot file for AOS. It is my understanding that as the spouse of an LPR your overstay will NOT be waived on attempting to AOS and thus your GC will be denied and you will need to leave the US. If she were a USC your overstay would have not been a problem.

You have committed immigration fraud and should leave the US to process a legal means to move to the US.

[hmh33 117]

Leaving the US would not necessarily be a good idea at this point.

Someone with a green card is a "permanent resident", not a "permanent residence".

How long until the LPR spouse can file for US citizenship?

[VanessaTony 3,567]

Leaving the US would not necessarily be a good idea at this point.

Someone with a green card is a "permanent resident", not a "permanent residence".

How long until the LPR spouse can file for US citizenship?

Why wouldn't it be a good idea? I agree with your comment re USC though.

It would be better to leave BEFORE he accrues overstay to process the CR-1 when his visa number is available. Otherwise he'll end up overstaying (being unable to work or leave the US or file for the GC) until she can USC so that the overstay can be forgiven because I'm sure it's NOT forgiven for spouses of LPR's.

[Darnell 8,479]

I came to United States as British citizen with visa waiver, I got married to my wife here in February 2013 then went back to the UK, I came back in June to live permanently with my wife, we have no kids yet but we are trying to have children together, I have applied for the I-130 and got a receipt of acknowledgement. I'm following the instruction on the uscis homepage which describe my situation as " green card for a family member of a permanent residence" my wife holds a green card as a permanent residence, reading further on the homepage it states also . Get a green card while inside the United States. We have done the first part.

1. Petition with I-130

2. I-485 application for adjustment of status is the next as it was explained on the homepage.

My question is? At what point should we apply for the I-485 because we just got the receipt letter from uscis with priority date July 17,2013. Preference classification :201 B INA SPOUSE OF USC. Please advice.

God bless you all.

Well, that's a problem, the stuff I bolded, above, if , in fact, she IS not a USC.

Suggest she call USCIS on Monday, get a Tier 2, an ISO, and sort this stuff out.

[isthiano 0]

Thanks you all but @ Vanessa Tony, this is a forum where different opinion are sought and does not necessarily mean I'm taking to your advice and your curiosity in wanting to call the USCIS beggars belief, I have decided to seek an attorney's advice anyway.

Food for thought for you is to not be the prosecutor and the judge....

[VanessaTony 3,567]

Thanks you all but @ Vanessa Tony, this is a forum where different opinion are sought and does not necessarily mean I'm taking to your advice and your curiosity in wanting to call the USCIS beggars belief, I have decided to seek an attorney's advice anyway.

Food for thought for you is to not be the prosecutor and the judge....

I'm not sure what "different opinion" you wanted. you committed immigration fraud by entering with intent to remain. This is fact based on your own statements in your OP.

I told you where you stand, and Darnell has also pointed out the same issue with your receipt that I did, the "USC" part. I also advised you that as a spouse of an LPR your overstay will not be forgiven and you will have NO PATH to AOS if your I-94 expires before your I-130 becomes current.

You can do what you want, I honestly don't care because it's your life and your morality, not mine. I could not in good conscience just let your immigration fraud pass without mention, which is why I addressed it. It is also illegal and against the TOS to give advice about immigration fraud.

Live your life and live with your choices.

**Edited to add - there was no judgment in my previous posts. Just fact. That you drew judgment from them is an indicator of your own guilty conscience and has nothing to do with me.

**Edited again - Wanting to call USCIS beggars belief? You seriously have NO IDEA about immigration if you think you should just ignore what could be a serious issue with your filing.

Edited July 28, 2013 by VanessaTony

[discoverusa 284]

Thanks you all but @ Vanessa Tony, this is a forum where different opinion are sought and does not necessarily mean I'm taking to your advice and your curiosity in wanting to call the USCIS beggars belief, I have decided to seek an attorney's advice anyway.

Food for thought for you is to not be the prosecutor and the judge....

Good luck to you. I hope everything works out. Seeking advice of an attorney is a good idea.

I am astounded by some of the responses. I thought this is a friendly community. Some people are so hateful and judgmental. We are all immigrants here and should stick together and support each other. Who else will?

Not knowing immigration laws does not make you a criminal or fraudster. You are still in a good place where you can sort things out and choose the best option in this situation.

Good luck and best wishes.