Moving to the U.S.

[christinejohn 0]

Hello all,

I am in the south pacific and the school year ends mid-december. John and I got married last April and applied for K-3 and CR-1.

We got NOA 1 for both so far.

I am moving with my three children from my previous marriage and got the father's agreement with a court document to take the kids overseas with me.

We would like to make the move before this coming Christmas but don't know if we can since we are in the process of K-3 and CR-1? We would not work or go to school or apply for social security yet, we can stay in the U.S. for 3 month under a tourist visa waiver to start with.

What we'd like to know is if we can do it and if we can then just ask for an adjustment once there even though the visa process has already started?

Like everyone we'd love to be reunited as soon as possible and I find it so frustrating to be separated from my husband for so long that it is becoming very hard to handle.

Thank you all for your help.

[Kez/JWolf 6]

No you will need to wait until you have the visa approved before you can move to the US.... you can not enter on a VWP/tourist visa with the intent of staying and filling to adjust your status.... that would be visa fraud....

hope you get some good news soon...

Kez

[MargotDarko 0]

Hello all,

I am in the south pacific and the school year ends mid-december. John and I got married last April and applied for K-3 and CR-1.

We got NOA 1 for both so far.

I am moving with my three children from my previous marriage and got the father's agreement with a court document to take the kids overseas with me.

We would like to make the move before this coming Christmas but don't know if we can since we are in the process of K-3 and CR-1? We would not work or go to school or apply for social security yet, we can stay in the U.S. for 3 month under a tourist visa waiver to start with.

What we'd like to know is if we can do it and if we can then just ask for an adjustment once there even though the visa process has already started?

Like everyone we'd love to be reunited as soon as possible and I find it so frustrating to be separated from my husband for so long that it is becoming very hard to handle.

Thank you all for your help.

If you are able to enter the US, you would be allowed to stay for the duration of your granted time - I am guessing 90 days in your case. You would not be able to file adjustment of status - you would go back for the interview (or before if your time in the US ends) and then return with the visa before you could settle permanently.

Do you already have tourist visas or does your country not need them? At any rate, you'll need very serious evidence of your intent to leave the US when your time is up. As you're married to a USC and already have permission to take your children to the US, you'll be seen as exceptionally high risk for staying and adjusting status illegally.

EDIT - Sorry, your current location got me confused - you're French and live in France, right? So yes, that's covered by the visa wavier programme. You'd be at high risk to get denied entry though and would need very serious evidence of your intent to go back to France before your 90 days were over. It's not impossible though.

Edited September 10, 2007 by MargotDarko