Visa for my soon to be wife - Probability she can stay

[tylerf1667 0]

Greetings everyone!

Its been a few months since my last posting, and I can say that my fiance (soon to be wife) have made a lot of progress in learning about all the necessary steps and forms in applying for her visa, as well as familiarising ourselves with many of the acronyms and lingo involved in applying for a US visa.

Just a bit of background info once more. My fiance is a UK citizen and I am a US citizen. We were living together for almost three years in Germany (where we first met about 5 years ago and eventually got engaged), and we have recently left and are living the last month before our wedding with her family in the UK. Our wedding is scheduled for Oct. 24th (ahhhhh!! so exciteddd ), and then we plan on doing a two week honeymoon before heading to Atlanta where my family resides.

Sooo for the juicy bulk of info!

We are planning on getting her into the country under the VWP and then applying for AOS. We will at that point have filled out all of the necessary forms, have her medical exam planned, and I am currently putting my nose to the grindstone in looking for a job to start working as soon as I'm back in the states.

Things to consider:

-She has a pretty substantial amount of money in her British bank account (~10k pounds), so her finances are in order. (Proof that she does not immediately require financial support)

-We are looking into temporary worldwide health insurance, as so she is temporarily covered whilst we apply and wait for her visa.

-We will be living with my father for the first few months, until I am earning and have saved enough for a deposit on either a flat or a downpayment for a house.

-To this point all of her paperwork is in order. We have finished the I-130, G-325A, I-485, I-131 (in case she needs to fly home for family emergencies), and I am in the process of finishing the I-693. I-756, I-751 we are also working on, but its not my absolute first priority.

A big question I have is in regards to the I-864 (affidavit of support). Will I be able to submit this if I do not already have a full-time job and earning a substantial income? Or will her UK finances and a potential letter from my father suffice in terms of financial support? (at least in the beginning)

For those who have read to this point, could you please answer as how all of this sounds? Have I missed something big? Generally speaking, does it sound like a good plan/correct POA?

Any constructive advice/comments would be much appreciated!!

Best Regards

Tyler

[Transborderwife 4,666]

Bad plan. She cannot enter on vwp with the intentions of adjusting. The cr1/ir1 route is what's needed. It'll take about a year

[teeak 224]

Entering the US under the VWP with the intention of staying/immigrating and adjusting status is illegal and considered immigration fraud. It's different if you entered with the intention of visiting and within a spur of the moment, decided to get married and adjust.

Since you already have a wedding plan, I suggest going the CR1 visa route. While her petition is pending, she'd be able to come and go to visit.

[Velvety 4]

You can also cancel the wedding and try fiancé visa, get married in the US. Takes a bit less than CR1.

[tylerf1667 0]

Thank you for your quick responses.

Unfortunately we cant cancel our wedding here, essentially everything is planned and we are having our ceremony in a few weeks.

In saying that, if we are to take the route of applying for a CR1, is she then still able to visit under the VWP if she already has her return flight booked (which she does) and stay for at least the three months?

I guess what I am asking, if she enters the country under the VWP, can show that she has her return flight booked, would it then be possible for her to stay for sure for at least the three months allotted?

If she states her intentions at passport control/immigration will they immediately turn her away?

thanks a lot everyone!!

[Ryan H 3,834]

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