Marriedm (US citizen), living abroad, adjustment of status?

[CH3407 0]

Hi,

 

I'm a US citizen and my wife is British and we have been living in London for the last 10 years.  I just lost my job and want to move back to the US to seek new opportunities.  I have enough assets even if I don't have monthly income and also can get a co-sponsor for my wife if needed.   

 

My question is, I want to move back to the US as soon as possible to start the search given it is easier to look while in the country.  But I don't want to be separated from my family potentially for months if we had to go through direct consular filing. 

 

Is it possible for my wife and 2 kids to enter the US via tourist visa and then apply for adjustment of status?  

 

All the adjustment of status guidelines appear to be for someone entering via tourist visa and then getting married after arriving in the US.  

 

Thank you!

 

 

 

[canadian_wife 1,827]

1 hour ago, CH3407 said:

Hi,

 

Is it possible for my wife and 2 kids to enter the US via tourist visa and then apply for adjustment of status?  

 

 

 

No, this is fraud.  No one on here is going to advise you to do this. 

 

Good luck 

[Redro 4,611]

1 hour ago, CH3407 said:

Hi,

 

I'm a US citizen and my wife is British and we have been living in London for the last 10 years.  I just lost my job and want to move back to the US to seek new opportunities.  I have enough assets even if I don't have monthly income and also can get a co-sponsor for my wife if needed.   

 

My question is, I want to move back to the US as soon as possible to start the search given it is easier to look while in the country.  But I don't want to be separated from my family potentially for months if we had to go through direct consular filing. 

 

Is it possible for my wife and 2 kids to enter the US via tourist visa and then apply for adjustment of status?  

 

All the adjustment of status guidelines appear to be for someone entering via tourist visa and then getting married after arriving in the US.  

 

Thank you!

 

 

 

This is fraud. 

 

You can try DCF, if it works the process might only take 3 months. Being separated from your family is unfortunately a reality for many petitioners and beneficiaries. 

Are your children US citizens? If they are, they do not need a visa to enter the States. You could move with your children to the States while your wife remains in the U.K. 

[Crazy Cat 42,135]

4 hours ago, CH3407 said:

All the adjustment of status guidelines appear to be for someone entering via tourist visa and then getting married after arriving in the US. 

That is incorrect.  Adjustment of status does not apply for those outside the US (except for a K-1).  It is illegal to enter the US as a tourist with the intent to stay and adjust status.  

 

Edited September 19, 2021 by Crazy Cat

[Boiler 45,965]

Get a job whilst you are still in the UK and then apply for DCF.

[SalishSea 18,099]

14 hours ago, CH3407 said:

But I don't want to be separated from my family potentially for months if we had to go through direct consular filing. 

No one does.

 

Separation is part of immigration for many of us.  Not wanting to be separated doesn't mean you can jump the queue and enter fraudulently to AOS.

 

US immigration requires becoming educated about the process, and planning accordingly.

[HRQX 4,145]

14 hours ago, CH3407 said:

Is it possible for my wife and 2 kids to enter the US via tourist visa and then apply for adjustment of status?

No, preconceived intent to adjust status is not allowed.

 

At POE, must be honest with the CBP officer and the officer will deny entry to the noncitizens as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[saksnoot 31]

If while you’re still in the UK you found a job in the US and got an offer letter stating that your required start date is imminent (ideally within a month and certainly within the next couple of months) you can ask the London embassy to let you file the I-130 directly with them. This can cut the process down to 3-5 months. 
 

This is likely your best shot at minimizing separation.