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Antonio92

Bringing my wife From the UK to the US

By Antonio92 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Antonio92 Newbie

Antonio92   0

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My wife is a UK citizen with a British passport and I am a US Citizen based in Washington. We have been married for over a year and I am considering bringing her here. She currently has a valid ESTA. My question is, can she travel to the US with her ESTA and then start the visa/green card process within the 90 days she is here?
 

A lawyer confirmed that it’s easier to when she enters the US, so if we apply whilst she’s in the US can she stay beyond the 90 days?

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yuna628 Veteran

yuna628   9,676

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)
10 minutes ago, Akanni92 said:

My wife is a UK citizen with a British passport and I am a US Citizen based in Washington. We have been married for over a year and I am considering bringing her here. She currently has a valid ESTA. My question is, can she travel to the US with her ESTA and then start the visa/green card process within the 90 days she is here?
 

A lawyer confirmed that it’s easier to when she enters the US, so if we apply whilst she’s in the US can she stay beyond the 90 days?

Entering the US under the VWP with the intent to stay and adjust status is a big no no. Ask the lawyer what will happen if she announced her intentions to the CBP upon entry, and then fire him. 😉 To best protect your spouse, going the spousal visa route is the legal way.

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15
Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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OldUser Veteran

OldUser   6,670

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Posted (edited)
4 minutes ago, Akanni92 said:

Ok thank you. So even for my wife to get a green card, we would have to apply for a spouse visa?

Yes, this spouse visa is the cheaper and faster way to get GC compared to Adjustment of Status.

 

The day spouse enters to the US on this visa they are LPR. Compared to potentially a year of waiting for adjustment with restrictions related to travel and work...

Edited by OldUser
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appleblossom Experienced

appleblossom   2,522

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Filed: EB-1 Visa Country: United Kingdom
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8 hours ago, Akanni92 said:

 

A lawyer confirmed that it’s easier to when she enters the US, so if we apply whilst she’s in the US can she stay beyond the 90 days?


Ask the lawyer if s/he will put that advice in writing - bet they won’t! 😂

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Daphne . Proficient

Daphne .   1,865

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Filed: Lift. Cond. (apr) Country: Netherlands
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Agree with the other comments, fire that shady lawyer or have them write down that advice on paper 😅

 

You start the spousal visa for her, here is the guide: 

 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
 Timeline
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Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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