AOS or Consulate?

[DianaJean 0]

Hi,

I'm new to this forum and am hoping someone can help.

I am a USC living in England with my British spouse (married 2008--I went through all of this once before but in the other direction!) We are planning a move to the states and will be quitting our jobs here at the end of the year (we are both teachers and cannot leave during the school year) in anticipation of this. We were going to spend this summer with my family in the states, after our jobs end, but have not planned on making this our final move, as we also have to arrange for our house here to be rented out.

I realise it is technically possible to adjust status from a VWP as someone's spouse, but would this be seen as having 'preconceived intent' (especially given we would have quit our jobs in England)? And if so, how would we prove that we didn't intend to stay but decided once we were there?

I understand consular processing is also an option, but I am worried about the fact that I am not domiciled in the US and would have to 1) use my father as a joint sponsor on the I-864 and 2) prove 'intent to reestablish domicile' in US, despite having no forthcoming lease agreement (would be staying with parents). Moreover, we had an application processing last year which we cancelled due to timing just after the DS-260 was submitted (we realised we wouldn't be ready to make the move in time after receipt of the green card), and I'm worried this will prejudice future consular applications.

My question is this: given our circumstances, which course of action would you advise?

Thank you in advance for all of your help!

Diana

[p-ana 933]

It's fraud to enter the USA with a non immigrant visa (or esta / vwp) with the intention to immigrate. You already stated that you guys intend to immigrate, don't lie and do it the right way.

Go for the Dcf option with the London embassy and immigrate when that's done. You'd need a sponsor anyway.

[DianaJean 0]

I realise that intention is a gray area and I'm looking for clarification on the types of circumstances that can mitigate being viewed as having that intention. For instance, intention to eventually immigrate but not on this particular trip shouldn't count against a visitor, and it then should be ok if that visitor changes their mind on said trip. My question is how to prove this.

I'm worried about consular processing because it seems to me that it would be easier for them to deny a consular application-- can anyone reassure me as to the validity of our circumstances for consular filing? Is it an issue that we have to have a co-sponsor as well as prove intention to re-establish domicile?

Thank you.

[p-ana 933]

I realise that intention is a gray area and I'm looking for clarification on the types of circumstances that can mitigate being viewed as having that intention. For instance, intention to eventually immigrate but not on this particular trip shouldn't count against a visitor, and it then should be ok if that visitor changes their mind on said trip. My question is how to prove this.

I'm worried about consular processing because it seems to me that it would be easier for them to deny a consular application-- can anyone reassure me as to the validity of our circumstances for consular filing? Is it an issue that we have to have a co-sponsor as well as prove intention to re-establish domicile?

Thank you.

You are trying to find excuses, but you have the intention to stay in that "visit". Are you saying you're going to lie? Hide the truth?

You have the opportunity to do it the right way, with a process that's going to be faster than most people here go through, so go for it.

Research here about dcf in London, I don't believe it's any harder.

[sebastianshaw 97]

I realise that intention is a gray area and I'm looking for clarification on the types of circumstances that can mitigate being viewed as having that intention. For instance, intention to eventually immigrate but not on this particular trip shouldn't count against a visitor, and it then should be ok if that visitor changes their mind on said trip. My question is how to prove this.

I'm worried about consular processing because it seems to me that it would be easier for them to deny a consular application-- can anyone reassure me as to the validity of our circumstances for consular filing? Is it an issue that we have to have a co-sponsor as well as prove intention to re-establish domicile?

Thank you.

You cannot prove this, rather you will be taking a very serious risk. As pointed out earlier, coming on an non-immigrant visa with an intent to immigrate (even if not on this trip) will constitute as fraud. You would have to prove that your alien spouse is not going to overstay or work illegally.

As you rightly pointed out that the intent is in gray area, you are risking too much on luck. If you still want to try it out i would recommend a really good attorney, but i am sure he/she would suggest the same.

Best of Luck!

[DianaJean 0]

Ok, thank you so much for the guidance. I will do the consulate route.