Adjustment of status or re entry option to minimize time apart

laudall · July 26, 2016

Hello,

I was wondering if anyone would be able to shed some light on the best route for my partner and I to explore in terms of visa. My partner is a US citizen in Texas. I am a British Citizen.

My partner and I have been dating since August 15- (We have spent- 4 Days together in Miami November 2015, 4 Days together in Texas January 2016, again in April for 2 weeks. I entered 15th May 2016 for 5 weeks- Traveled back to London for 2 weeks where I re entered Texas 8th July 2016. I am still in Texas now.)

Obviously given the amount of time I am spending here in Texas is proving to be troublesome on a Visa Waver Programme and becoming difficult/stressful at point of entry so we need to get my visa changed, so I am able to legally reside here in Texas as a couple. We are very much in love & naturally understand this is realistically our only option to be able to reside together.

I have read various blogs online and am somewhat concerned re the length of time some of the visa routes take; resulting in me having to return back to the UK whilst this is being processed; something we really do not want to endure.

In an ideal world, I would be able to adjust my status whilst on this trip, to prevent me having to head back to the UK & being separated. I have read somewhere that VWP entry cannot be adjusted to a Fiance visa without re point of entry, but to a full marriage visa; is this correct?

- Am i able to change status on this trip to fiance status or does this have to be marriage? Is this route risky / likely to be approved?

-If I am unable to adjust my status on this trip, but have to file papers from the UK & re enter; what would be the quickest route? We would want to know the quickest process that meant that I could legally re enter the USA and reside again together.

We really do not want to explore the latter option of being separated whilst papers are being processed.

Please may someone kindly tell us, what they personally think our best route would be.

Thank you

aaron2020 · July 26, 2016

Hello,

I was wondering if anyone would be able to shed some light on the best route for my partner and I to explore in terms of visa. My partner is a US citizen in Texas. I am a British Citizen.

My partner and I have been dating since August 15- (We have spent- 4 Days together in Miami November 2015, 4 Days together in Texas January 2016, again in April for 2 weeks. I entered 15th May 2016 for 5 weeks- Traveled back to London for 2 weeks where I re entered Texas 8th July 2016. I am still in Texas now.)

Obviously given the amount of time I am spending here in Texas is proving to be troublesome on a Visa Waver Programme and becoming difficult/stressful at point of entry so we need to get my visa changed, so I am able to legally reside here in Texas as a couple. We are very much in love & naturally understand this is realistically our only option to be able to reside together.

I have read various blogs online and am somewhat concerned re the length of time some of the visa routes take; resulting in me having to return back to the UK whilst this is being processed; something we really do not want to endure.

In an ideal world, I would be able to adjust my status whilst on this trip, to prevent me having to head back to the UK & being separated. I have read somewhere that VWP entry cannot be adjusted to a Fiance visa without re point of entry, but to a full marriage visa; is this correct? You can not adjust from the VWP to a K-1 visa or spousal visa. Adjusting means you are inside the US adjusting status. You can not adjust for a visa. A visa is for entering the US. It doesn't make sense to adjust status in the US for a visa to enter the US since your are already inside the US.

- Am i able to change status on this trip to fiance status or does this have to be marriage? Is this route risky / likely to be approved? Get marry and file for AOS. You will be allowed to stay until you get a green card. Be aware that you will be deemed to abandon your AOS if you leave without AP. You can apply for AP for free when filing for AOS. It takes about 90 days to get AP. Be aware that you will be stuck here for 3 months. This is not risky at all. Immigrant intent is a nonissue because of Matter of Batista and Matter of Cavazos.

-If I am unable to adjust my status on this trip, but have to file papers from the UK & re enter; what would be the quickest route? A K-1 fiancee visa. We would want to know the quickest process that meant that I could legally re enter the USA and reside again together.

We really do not want to explore the latter option of being separated whilst papers are being processed.

Please may someone kindly tell us, what they personally think our best route would be.

Thank you

Edited July 26, 2016 by aaron2020

JFH · July 26, 2016

If you do stay now, get married and adjust to resident status, you will not be able to leave the country for some months. Not even to go home and hand your keys back to your landlord, return your library books or move your car from the Heathrow car park. You must stay in the country until you have AP (advanced parole) which takes around 3 months after you submit the paperwork after you get married.

You cannot stay in the country as a fiancé or partner. There is no immigrant category for this. You must get married if you intend to stay. If you're not ready for marriage or it is not practical for you to stay in the country for several months, then go home and start the K-1 fiancé visa process. Currently taking 4 to 5 months for UK applicants.

Penguin_ie · July 26, 2016

It sounds like getting married now, and then doing AOS is your best option, you would follow this path: http://www.visajourney.com/content/i130guide2 Unless you were asked a lot of questions at your last entry into the USA, you shouldn't have any major trouble doing this. However, as mentioned you could NOT travel outside the USA, or work inside the USA for about 3 months, so that may be a problem if you have everything at home in the UK that you need to move, or finances are tight. If so, go for the K1 fiance visa; file it now, and then leave at the end of your planned stay. You can likely even visit one more time in you want, and then do the medical and interview in London if 4-5 months.

Edited July 26, 2016 by Penguin_ie

Pennycat · July 27, 2016

If you stay now, it needs to be a marriage. You won't have work and travel authorization for about 90 days after you apply for them (which you can't apply for until after you're married). You should plan on not being able to return for at least 6 months to be on the safe side.

Visas are for crossing borders, "status" is for staying/working etc. So you had your visa waived so you don't need one now. You need to adjust your status from that of a temporary tourist to something else. The 99.9% most likely route for you is to adjust to a permanent resident on the basis of marriage (that .1% is because I'm sure there's some crazy way you could adjust to some random status of a temporary agricultural worker or religious missionary or something, who knows, but honestly, that's just not going to happen).

You can't switch to a fiance visa because the fiance visa is just that-- a visa for crossing the border. You crossed it already. The status that fiances get when they cross with a fiance visa is a 90 day stay in which they must marry and adjust status to that of a permanent resident, or go home. Same as you've got but you didn't need a visa to cross because it was waived. Note: if it had been your plan to use your waived visa privileges in this way, that would be considered fraud and it is never recommended here or anywhere else. The waived visa is for business and tourism, not immigration, but they allow you to adjust from it because sometimes, plans to have a way of changing.

You may ask why fiance visas even exist then. Two reasons: one: you need to remember the overwhelming majority of people in the world does not have visa waiver program privileges that they can use (or mis-use depending on your perspective). So, if someone doesn't have VWP, or any other US visa (and may not be eligible for any other visa), how would they get onto US soil to be able to marry? Enter the fiance visa. Two-- it's actually for the protection of the fiances and for the general good of society. It gives the US government the opportunity to check and make sure that the petitioner-- the US citizen asking for this person-- is not a domestic abuser, child molester, repeat DUI etc, AND allows them to look for red flags in human trafficking. Sad but true.

You can marry now and go home and apply for a spouse visa (~12 months), or go home and apply for a fiance visa (~6 to 9 months) which would put you in the same position of needing to marry and adjust within 90 days, but this time having crossed with the intention of doing so. Or marry now, stay and adjust.