Visa approval timings and wedding plans

[killerisation 0]

Hi folks, I'm Chris from the UK, this is my first post. I'd like some advise on the following, given:

• I am currently in the US on the (tourist) visa waiver program, I have been here 3 weeks so far.
• I legally married Jane last week.
• I am about to send off my I-130, just waiting for the marriage certificate.
• We would like both a UK and a USA wedding to invite all our friends & family to, not necessarily in that order.

Because my wife is very busy with school, our wedding celebrations need to be either in the summer or over Christmas. We've scheduled our US wedding for Dec this year, but were wondering if it is wise to schedule a UK wedding for Aug '14 or whether to postpone it to summer '15. I would return here sometime in September.

Thanks in advance...

[Avery Cates 1,141]

Hi folks, I'm Chris from the UK, this is my first post. I'd like some advise on the following, given:

• I am currently in the US on the (tourist) visa waiver program, I have been here 3 weeks so far.
• I legally married Jane last week.
• I am about to send off my I-130, just waiting for the marriage certificate.
• We would like both a UK and a USA wedding to invite all our friends & family to, not necessarily in that order.

Because my wife is very busy with school, our wedding celebrations need to be either in the summer or over Christmas. We've scheduled our US wedding for Dec this year, but were wondering if it is wise to schedule a UK wedding for Aug '14 or whether to postpone it to summer '15. I would return here sometime in September.

Thanks in advance...

Hi Chris,

With current I-130 processing times, I wouldn't put down any deposits or inform people to make concrete travel plans for December '14. For the UK one, I would say that would depend on your finances. If she's going to have the money to travel and has a passport for August '14, might as well do it then. August in the UK isn't too bad and should still have some good days for a wedding. When she goes over there I would advise that she bring a copy of whatever paperwork you get showing that you have an I-130 in process. England has got a little weird about non-EU spouses immigrating so she may get some questions on arrival, and having that will probably go a long way in showing she plans to return to the US.

The trouble you also may run into now that you're married and will have an I-130 pending is that you're going to have some trouble returning to the US after you leave, since you have clear immigration intent. You may not be let in under VWP and will have to wait out until you have the CR-1 in hand.

Edited February 3, 2014 by Avery Cates

[killerisation 0]

Perhaps I should've pointed out, I intend to stay here now and not use my return flight. My concern was that I would not be allowed back into the US in September this year if I outstay my current ESTA and my visa had not been approved. Would the fact that I can show that it is being processed be adequate?

[Avery Cates 1,141]

Perhaps I should've pointed out, I intend to stay here now and not use my return flight. My concern was that I would not be allowed back into the US in September this year if I outstay my current ESTA and my visa had not been approved. Would the fact that I can show that it is being processed be adequate?

Well... if you're going the dubious route of AoS on a VWP/Tourist visa, I wouldn't recommend leaving the country until you had your green card in hand. As soon as you overstay, you're permanently forfeiting your VWP privileges. Having an immigration petition pending does not grant any immigration status. If you overstay, once you leave you're gone until the AOS is completed. You also run the risk of the AoS being denied if in later interviews they think you entered with the intent to stay. How often that actually happens is the subject of debate around here. It's a decision each couple has to make, if they're willing to take that particular risk.

[aaron2020 11,651]

Perhaps I should've pointed out, I intend to stay here now and not use my return flight. My concern was that I would not be allowed back into the US in September this year if I outstay my current ESTA and my visa had not been approved. Would the fact that I can show that it is being processed be adequate?

Since you will be staying until September, are you going to file an I-485 to adjust along with the I-130?

ESTA and the VWP becomes irrelevant if you file the I-485 or overstay your 90 days on the VWP.

If you overstay without filing the I-485, you will not be able to use the VWP again.

If you file the I-485, then you need either AP or a green card to enter the US. You cannot use the VWP.

[killerisation 0]

I plan to file a I-485 at the same time yes. What is AP?

Also, any more info on whether I might "run the risk of the AoS being denied if in later interviews they think you entered with the intent to stay" would be appreciated.

Edited February 4, 2014 by killerisation

[Avery Cates 1,141]

I plan to file a I-485 at the same time yes. What is AP?

Advance Parole. It will let you leave and re-enter the US prior to having you green card.

[killerisation 0]

I see. So I guess my question is would I qualify for advance parole and could I use it this summer?

[Avery Cates 1,141]

I see. So I guess my question is would I qualify for advance parole and could I use it this summer?

You can petition for it by filling out the I-131, send it in as part of your AoS packet.

[Ryan H 3,834]

***Moved from K3 Process & Procedures to Working & Traveling During US Immigration forum.***

**Moderator hat off**

You also run the risk of the AoS being denied if in later interviews they think you entered with the intent to stay.

That is actually incorrect, the suspicion of intent cannot be used by an Adjudicator to deny an AOS application. The burden is on USCIS to prove Material Misrepresentation.

Edited February 4, 2014 by Ryan H

[venusfire503 54]

I'm a little more paranoid, I guess - I don't know that it's worth the risk... even if the chance of something going wrong is small... It's up to you, though.

[killerisation 0]

I think I shall include a I-131 too then. Is there an additional fee for this? Can I rely on it resulting in me being given AP for this summer? If it cannot be relied upon at the point of applying I would need to know for definite within a month or so.

[Nich-Nick 3,354]

You will be given AP, but it doesn't guarantee you can get back in the US. I wouldn't leave until the greencard is received. You are skirting immigration laws somewhat, so have to be more cautious. If you need to go back, then go before you overstay and get a proper immigrant visa.

[killerisation 0]

I don't need to go back, and it is my understanding that a proper immigrant visa takes ages, so I think I'll stay in the US until the greencard arrives and have the UK wedding in a hear and a half. Thanks for the tips guys.

So given that leaving before then isn't worth the risk is there any point in me applying for AP?

[christeen 966]

Yes, I would apply for AP in case you have a real emergency back home and must go back... Without AP if you did leave while the AOS in in process, you are considered to have abandoned it and you would have to start over from abroad with the traditional spouse visa. Applying for AP/EAD will also give you the ability to get a job. It usually takes 90 days