Info needed about I-130 and I-485

[RedDomino 4]

I’d really appreciate some help, so thanks in advance. I’m really desperate. I got married to my husband in Florida, who is a USC. I’m a UKC. We hoped we could live in the UK, but everything has gone wrong here. I want a fresh start over there and just need to be with my husband permanently. I can’t cope with the thought of being separated. 

I’d like to know if I can apply for adjustment of status (I-485) at the same time as filing the I-130 while I’m visiting the US on the ESTA/VWP?

Also, is it true that I can stay there while they are being processed, even if it takes longer than the 90 days that you are allowed on the VWP?

 

Please help!

[Wuozopo 4,293]

2 minutes ago, RedDomino said:

I’d like to know if I can apply for adjustment of status (I-485) at the same time as filing the I-130 while I’m visiting the US on the ESTA/VWP?

Also, is it true that I can stay there while they are being processed, even if it takes longer than the 90 days that you are allowed on the VWP?

The fact that you are planning in advance to circumvent immigration procedures  of spouse visa first,  means you are contemplating fraud. 

 

The peole who do as you describe are already both in the US. 

[RedDomino 4]

21 minutes ago, Wuozopo said:

The fact that you are planning in advance to circumvent immigration procedures  of spouse visa first,  means you are contemplating fraud. 

 

The peole who do as you describe are already both in the US. 

OK. I just want to make it known that I’m not planning on committing fraud. I am just new to all of this and wanted to know if I could do things this way or not. I’m trying to get my head around it all, which is made more difficult because of my chronic health problems. I don’t want sympathy for that, I’m just explaining. Thank you for your reply.

[little immigrant 801]

You might want to do the CR1 spousal visa. While this is being processed you can visit each other. Just don't overstay. And you need to be in your home country for your interview at the embassy. 

 

http://www.visajourney.com/content/i130guide1

[RedDomino 4]

18 minutes ago, little immigrant said:

You might want to do the CR1 spousal visa. While this is being processed you can visit each other. Just don't overstay. And you need to be in your home country for your interview at the embassy. 

 

http://www.visajourney.com/content/i130guide1

Thank you for your help, I appreciate it so much! I’ll look into this. 

[RedDomino 4]

20 minutes ago, little immigrant said:

You might want to do the CR1 spousal visa. While this is being processed you can visit each other. Just don't overstay. And you need to be in your home country for your interview at the embassy. 

 

http://www.visajourney.com/content/i130guide1

Could I trouble you with another question? Do you know how long the process takes for this?

[little immigrant 801]

11 minutes ago, RedDomino said:

Could I trouble you with another question? Do you know how long the process takes for this?

I've done mine in 2010 so I certainly don't know but maybe this will give you an idea

 

http://www.visajourney.com/content/ir1cr1historical/

[Boiler 45,558]

About 15 months

 

Or so

[RedDomino 4]

Thank you for your answers.

 

 I’m wondering if there is any way we can apply to stay together, somehow, while we’re waiting for the visa to be processed, and not be separated for so long? I’ve read about different applications, but I don’t know if any apply to me. 

[Boiler 45,558]

He is in Florida so that would be the way, him moving to the UK is much quicker and when he is here if you want to go to the US you can file locally and that is much quicker.

[EandH0904 1,184]

3 minutes ago, RedDomino said:

Thank you for your answers.

 

 I’m wondering if there is any way we can apply to stay together, somehow, while we’re waiting for the visa to be processed, and not be separated for so long? I’ve read about different applications, but I don’t know if any apply to me. 

It's not easy for any of us to be separated.  Ive seen my husband only 8 days in the past year and I dont love him any less than you love yours. When you dont have a choice you get by.

 

Is your spouse still UK? If you are both UK residents you can file direct through the consulate and be approved in 2-3 months not 12-15. 

[RedDomino 4]

1 minute ago, Boiler said:

He is in Florida so that would be the way, him moving to the UK is much quicker and when he is here if you want to go to the US you can file locally and that is much quicker.

That was our original plan, but so many things went wrong and got in the way. We thought we should look into living in the US together, but maybe that’s not the way to go. I’m thinking about looking into both options again. Thank you. 

[RedDomino 4]

2 minutes ago, EandH0904 said:

It's not easy for any of us to be separated.  Ive seen my husband only 8 days in the past year and I dont love him any less than you love yours. When you dont have a choice you get by.

 

Is your spouse still UK? If you are both UK residents you can file direct through the consulate and be approved in 2-3 months not 12-15. 

I’m sure you don’t love each other any less. Im sorry you’ve had to spend so much time apart. 💞

My husband is a US citizen and I’m a UK citizen. We got married in March this year in Florida. I spent several weeks there, then he came back with me for 6 months. He goes back on 22nd October. I’m going too for a visit for 4 weeks. I’m dreading the end of it, though, as I don’t know when or how we’ll next see each other. I keep crying about it. It’s been a tough year, for many reasons, so this is even harder than it would have been for me. We’ve grown closer and hate the thought of being apart for even a day. 

[EandH0904 1,184]

2 minutes ago, RedDomino said:

I’m sure you don’t love each other any less. Im sorry you’ve had to spend so much time apart. 💞

My husband is a US citizen and I’m a UK citizen. We got married in March this year in Florida. I spent several weeks there, then he came back with me for 6 months. He goes back on 22nd October. 

Can you go file your papers at the consulate Monday? He can stay a bit longer and cancel your trip?  Youd have your visa by the end of the year and never be apart....

 

You are one of only 7 countries that offers filing through the consulate you should take advantage and just stay in UK 2 more months and it's done 

[RedDomino 4]

17 minutes ago, EandH0904 said:

Can you go file your papers at the consulate Monday? He can stay a bit longer and cancel your trip?  Youd have your visa by the end of the year and never be apart....

 

You are one of only 7 countries that offers filing through the consulate you should take advantage and just stay in UK 2 more months and it's done 

 

18 minutes ago, EandH0904 said:

Can you go file your papers at the consulate Monday? He can stay a bit longer and cancel your trip?  Youd have your visa by the end of the year and never be apart....

 

You are one of only 7 countries that offers filing through the consulate you should take advantage and just stay in UK 2 more months and it's done 

Thanks, I appreciate the suggestion. 

 

I just dont know, under our current circumstances, if my application would be accepted. The thing is, I’m on a low amount of Universal Credit and waiting for a ‘health assessment’ (🙄), which then should mean I’ll get the full amount. I also get PIP (disability benefit).  I’m not sure if I need to be getting a certain amount or not.  I’m not sure if you’d know that. Just letting you know the circumstances and thinking out loud a bit.