Is Mine a straight forward case?

[kankerot 0]

Been married to a US citizen for nearly 10 years, marriage was abroad and we have been living together in the UK for 9 years. I am a British citizen by birth. Both kids have dual nationality US/UK. Neither of us has been married before or divorced. So reading around it seems that my options are k3 or CR1.

My concerns are as follows. My wife does not work, when would I be able to start working when I arrive in the USA. We intend to move to DC where she is from. Kids are 0 and 2 so very young. Is it better for me to file in the US as I can travel upto 90 days on the visa waiver program.

As my wife does not work then will the application be denied as she will not be supporting me.

Edited March 17, 2016 by kankerot

[Georgia16 2,858]

It will be fraud to travel there on VWP and adjust.

You can work when you enter on the IR-1 visa (10 year GC)

Try and see if you can do DCF from UK and you'll need a sponsor. Have you wife filed taxes?

[Boiler 46,132]

IR1

DCF is the route you would be going

She needs a US domicile and a US

Joint Sponsor.

Has she been filing her taxes

Work on arrival.

[Cyberfx1024 7,980]

I agree with above it is fraud if you go to the US on the VWP and try to adjust. If they think that it is fraud then you will be banned for 10 years at the very least. The K3 visa is almost nonexistent and obsolete. So you can file for CR1 or check into DCF. Do you know if your spouse has been filing their taxes?

[kankerot 0]

She has not filed taxes as she has never worked in the UK since we have been together.

As to going over and filing in the US I simply asked whether it was a possibility. In no way would I do it as I don't need to rush this. She can get a joint sponsor - my brother in law is very well remunerated working for a big 4 consultancy.

[Cyberfx1024 7,980]

She has not filed taxes as she has never worked in the UK since we have been together.

As to going over and filing in the US I simply asked whether it was a possibility. In no way would I do it as I don't need to rush this. She can get a joint sponsor - my brother in law is very well remunerated working for a big 4 consultancy.

Not trying to say you would do that (Some people do try and do that) but we are just trying to give you information.

[kankerot 0]

Not trying to say you would do that (Some people do try and do that) but we are just trying to give you information.

Cool.

I think the issue boils down to proof of domicile. I don't think the joint sponsor will be an issue. My wife still has her US driving licence, its current she returns to the US annually, last visit was for 3 months and stays for a minimum of a month. She studied in the US but she had completed all her studies prior to marrying me.