UK Father of US Citizen

[JohnnyThunder 0]

Hi,

Can anyone please help me to unravel my situation:

1) I'm the Father of 2 offspring (both over 21) - they have both lived in the USA for over 10 years - their mother is a US citizen, although we're now divorced, I'm a UK citizen

2) Both the kids have US passports, although they were born in the UK. My daughter is also married to a US citizen

3) I want to apply to go and live in the USA and I'm asking my daughter to sponsor me - I believe she needs to fill in form I-130 - is that correct?

4) I intend to visit my daughter over the summer on an ESTA certificate for just less than 90 days, but while I'm there I understand I can apply for my permanent visa by filling in form I-485 and sending it in at the same time as the I-130 - is that correct?

5) If both forms have been sent and my application is still pending, can I leave the country temporarily? (I have an elderly mother in the UK that I want to come back and check on). From what I've read so far it looks like I may need to fill in an I-131 (Application for Travel Document) to ensure that I can re-enter the country - can anyone confirm that? If so, what category do I use?

All help will be very much appreciated, thanks in advance

[Nich-Nick 3,354]

There is some information here

http://www.visajourney.com/content/immigration-parents

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

When they say if your relative is in the US, they generally mean already living in the US, not visiting on VWP. But many do adjust status from VWP. You won't be able to appeal a negative decision if adjusting from VWP.

This is the procedure for when the intending immigrant lives in the US (or wants to give it a go from VWP). It says spouse, but it's the same procedure for a parent, but of course you would prove parentage, not a marriage certificate to prove a spousal relationship. http://www.visajourney.com/content/i130guide2

[Hypnos 6,577]

Your daughter can file an I-130 for you seeking an IR-5 immigrant visa. You can enter on the VWP to visit temporarily, but would need to depart at the end of your authorised stay. Entering the US on a nonimmigrant visa (or no visa, as with the VWP) with the preconceived intent to remain would be visa fraud.

Expect the entire process to take ~12 - 16 months until the visa is in your hands.

[Nich-Nick 3,354]

I agree with Hypnos, that the proper way for you to immigrate is NOT by coming to the US as a visitor and trying to remain by filing for a greencard (i-485), Do it the legal way by getting an immigrant visa. When you enter with the visa you will be given permanent resident status without further application.

[JohnnyThunder 0]

Thanks for the replies, much appreciated.

I don't understand how I could be living in the US if I don't have a resident's visa?

If I buy a return ticket from the UK to the US for my visit in the summer under the VWP (May - July), can the I-130 and I-485 forms be submitted when I'm there and if so, will I be able to get back into the US after I've returned to the UK in July?

Thanks again for your help - I'm trying to tread carefully and understand exactly the process I need to go through.

[aleful 1,905]

hi

that's the problem, if you submit the forms here you cannot leave, overstaying your vwp, or you file here or you file in your country and visit only during the 90 days

[Hypnos 6,577]

Adjustment of status is primarily used for people who have entered the US on a nonimmigrant visa, but then their circumstances changed and they decided to stay (marrying a US citizen is the most usual change). The issue is you are planning this from outside the US, therefore trying to possibly do an end-run around immigration law by immigrating on a nonimmigrant visa, which can be considered visa fraud. Intent alone cannot be used to deny an AoS if it is the sole negative factor, but you're still on shaky ground by planning this ahead of time.

Pursuing an immigrant visa is the most appropriate solution to your problem. An I-485 would not be used in that circumstance.

Edited March 3, 2014 by Hypnos

[JohnnyThunder 0]

OK I think I'm beginning to see the light, but just to check the best way to do this would be:

1) Get my daughter to submit the I-130 from the US

2) Once the I-130 has been accepted, them follow the procedure as outlined here, using a DS-260 form: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/petition.html ?

Am I starting to get it?

Thanks again for everyone's help, I could have really landed myself in the mire, accidentally, without it

[Hypnos 6,577]

That's right, although you'll need to wait for the I-130 to be approved, not just accepted. That will take about a year.

The US immigration system is a finely-crafted bureaucracy of the highest order.

Edited March 3, 2014 by Hypnos

[Nich-Nick 3,354]

I don't understand how I could be living in the US if I don't have a resident's visa?

.

That's the point. You don't live in the US.

But take for example the Japanese student living in the US on a student visa. Or the Englishman in the US on a work visa. They meet an American and date and marry. Those are the ones the concurrent filing of the I-130 (petition for a family member) and I-485 (greencard) is intended. The said foreigners don't have to leave their studies or job to go back to their home country to get a visa.

Some, mostly spouses, do adjust from VWP successfully but you better know exactly what you are doing every step of the way. For example, you come to visit as a tourist on VWP. The immigration person takes your passport and asks "what is the purpose of your visit?" You say "I am moving to American because my children are Americans."

Ummmm...no. You would be denied admission and put on the next plane to Heathrow. Furthermore you would lose your VWP privileges. That would be declaring a fraudulent use of a visitor privilege. Get it? You have to be very careful if you are going to try to side-step immigration laws.

[JohnnyThunder 0]

OK, it looks like I've got it. I think there's some very confusing information out there for the uninitiated and I very much appreciate the advice from those in the know - patience is a virtue and knowing the rules certainly is a big advantage. I went into this thinking that I understood what was required from the system after a bit of Googling around, but that's been blown out of the water and I could have landed myself in the deep stuff without the knowledge you've passed on to me - I'm very grateful.

[MacUK 983]

Sounds like someone is trying to advise visa fraud here.

[Ryan H 3,818]

***One post removed for violating the TOS along with one post quoting; post minus the quote returned below. Administrative Action taken.***

That is some bad advice. You are suggesting this person lie to the CPB officer, which is the very definition of immigration fraud.

If what you suggest is legal, why can't he simply arrive at the POE and declare his intention to stay in the US and adjust status?

[Boiler 45,733]

Have you looked at Medical Insurance?

[JohnnyThunder 0]

Boiler - No, I haven't checked out medical insurance yet, although i know it's a significant expense - do you have any suggestions for directions in which to look? Thanks for flagging that up. What part of Wales are you from? I live near to Cardigan