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ThomasKendall

File I-130 while in the US VWP

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Hi this is my first post and I would like to try and get something cleared up, as I keep hearing different answers.

My wife is a US citizen, I am a UK citizen. We have known each other for around two years. We married in January in the US on which I travelled to the US with my family on the VWP.

I have a return flight booked for april. So not to over stay my VWP

I am spending the 90 days of my VWP with my wife so we can be sure I would like to reside in the US and to be sure we can live together (its all going great!)

So... I have no intentions to change my status from the VWP. I will be on the flight back to the UK in April, and she is visiting me in May. We will be filling for a CR1 visa and hope to reside in the US California.

My question is...

Can we file the I-130 now while I am still in the US or should we wait till I fly back. Obviously we want to minimise the time apart from each other and if I can file it now we can gain some time, and still be together.

There is a question on the I-130 asking if your spouse is currently in the US if so how.

I had a basic meeting with immigration yesterday. The kind you can juts book through the website and then wait to be called to a desk.

I stated my case and even asked the lady twice to be 100% clear if its ok to post the I-130 now while I am in the US. She said yes and just attach a copy of my return flight info.

I was surprised at her answer, and I feel like I need more confirmation that this is OK to do. I felt she was just a form filer/advisor and I knew more about my visa possibilities than she did.

(sorry if that sounds like I am undermining someones job, I'm just trying to explain my concerns)

I really don't want to jeopardise my case in anyway, and don't want to seem like I am cheating the system by claiming immigration on VWP.

I have full intentions to complete the visa processing from the UK, I just wanted to gain an extra month really.

Anyone done this before? advice would be greatly appreciated.

Thanks


Filling for CR1 Visa

USCIS: I-130 CSC

03/18/2011 - Mailed I-130

03/21/2011 - I-130 signed for at Chicago Lockbox

03/24/2011 - NOA1 California Service Center

03/29/2011 - NOA1 hard copy received

06/29/2011 - NOA2 Received

07/05/2011- NOA2 hard copy received

Your I-130 was approved in 97 days from your NOA1 date.

NVC

07/26/2011 - Case received by NVC

08/01/2011 - Received NVC Case # and IIN

08/01/2011 - Emailed DS-3032

08/03/2011 - Emailed DS-3032 (Again, noticed an error on the first one)

08/08/2011 - AOS Bill generated and PAID

08/08/2011 - NVC received DS-3032

08/09/2011 - AOS Status changed to paid - cover page printed

08/09/2011 - IV Bill generated and PAID

08/10/2011 - IV Status changed to paid - cover page printed

08/10/2011 - IV Package Sent

08/11/2011 - IV Package Delivered

08/15/2011 - AOS Package Sent

08/16/2011 - AOS Package Delivered

08/18/2011 - IV Package Approved

08/18/2011 - False RFE for AOS package

08/23/2011 - AOS Package Approved

08/23/2011 - CASE COMPLETE!

Case completed 55 days from your NOA2 date.

08/25/2011 - Interview date assigned

10/05/2011 - Interview - APPROVED

10/07/2011 - Visa Received

10/09/2011 - POE San Francisco

Finally complete in 205 days !! 6 Months 3 Weeks

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Filed: Citizen (apr) Country: Canada
Timeline

Nothing wrong with filing the i-130 while in the US and returning to the UK.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Agreed, you can file CR-1 while in the US and then go back to the UK to wait it out. Perfectly legal.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Appy as soon as you can. Do not wait. She should have told you to file for extension to stay here. Did you do I 129 for financee visa? if so, and married in 90 days you can stay. Anyway, now you married in US and should apply to remain here while they process your I 130

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Filed: Citizen (apr) Country: Canada
Timeline

Appy as soon as you can. Do not wait. She should have told you to file for extension to stay here. Did you do I 129 for financee visa? if so, and married in 90 days you can stay. Anyway, now you married in US and should apply to remain here while they process your I 130

Just to clarify, application is a few months off. The US citizen petitions for the beneficiary. The beneficiary then applies for the visa. They are at the petition stage

And further, he cannot 'remain here until they process the visa'. He must return to the UK as it is clear in his original post that he did not arrive on a K-1 visa

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Appy as soon as you can. Do not wait. She should have told you to file for extension to stay here. Did you do I 129 for financee visa? if so, and married in 90 days you can stay. Anyway, now you married in US and should apply to remain here while they process your I 130

Did you even read the original post?

They came in on VWP, no visa at all. They are not staying here at the moment so no need to extend their stay, and they are already married. CR-1 is a fine and legal way to go about the process and they are doing it just fine.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Apply asap. I don't really see the need for you to attach your return flight info, but if that's what she said then I guess you could do it. I sent off my I-130 whilst in the US in August 2009, and left in November. You just answer the questions properly: yes you are in the US, entered via VWP, write the arrival date, the expiry date as shown on the I-94 in your passport, and the I-94 number. In question 22 you will fill out the right hand side, that you intend to interview at London in the UK. Really, given that you're writing that, there's no need to include your return flight info. That seems like extraneous paperwork that isn't needed.

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Filed: IR-1/CR-1 Visa Country: England
Timeline

We sent in our I-130 a week before I left the states back to England.

No problems yet! Send in the return flight info and leave on that flight and you'll be fine!


Nick (USC) and Amy (UKC)

03/08 - Met at University in Albuquerque, NM

08/08 - Back to UK for a few years of travelling UK>US!

10/10 - Wedding Day!

s88ndknc8v.png

USCIS

11/16/10: I-130 package mailed

11/18/10: Express Mail tracking shows delivered

11/23/10: Online banking shows check cleared!

11/26/10: Touched

11/29/10: NOA1 arrives!(dated as 11/18/10)

03/17/11: Touched

04/08/11: I-130 APPROVAL!!

141 days from NOA1 to NOA2

NVC

27/04/11: Emailed Choice of Agent form

~{gap as I spent the summer in England}~

03/11/11: Paid AOS and IV fees

04/11/11: AOS and IV fees shown as PAID

08/11/11: AOS Packet sent

09/11/11: IV Packet sent

18/11/11: RFE received requesting AOS packet (which had already been sent)

21/11/11: RFE received requesting 2010 tax return

22/11/11: Sent 2010 tax return

29/11/11: CASE COMPLETE!!!

26 days through NVC

EMBASSY

10/12/11: Medical @ Bentnick Mansions

30/01/12: Interview @ 9am [APPROVED!!]

01/02/12: Passport with visa inside, and medical packet arrive via courier

02/03/12: Flight to Denver!

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Thanks for all the help guys.

Gonna be getting our I-130 of this week.


Filling for CR1 Visa

USCIS: I-130 CSC

03/18/2011 - Mailed I-130

03/21/2011 - I-130 signed for at Chicago Lockbox

03/24/2011 - NOA1 California Service Center

03/29/2011 - NOA1 hard copy received

06/29/2011 - NOA2 Received

07/05/2011- NOA2 hard copy received

Your I-130 was approved in 97 days from your NOA1 date.

NVC

07/26/2011 - Case received by NVC

08/01/2011 - Received NVC Case # and IIN

08/01/2011 - Emailed DS-3032

08/03/2011 - Emailed DS-3032 (Again, noticed an error on the first one)

08/08/2011 - AOS Bill generated and PAID

08/08/2011 - NVC received DS-3032

08/09/2011 - AOS Status changed to paid - cover page printed

08/09/2011 - IV Bill generated and PAID

08/10/2011 - IV Status changed to paid - cover page printed

08/10/2011 - IV Package Sent

08/11/2011 - IV Package Delivered

08/15/2011 - AOS Package Sent

08/16/2011 - AOS Package Delivered

08/18/2011 - IV Package Approved

08/18/2011 - False RFE for AOS package

08/23/2011 - AOS Package Approved

08/23/2011 - CASE COMPLETE!

Case completed 55 days from your NOA2 date.

08/25/2011 - Interview date assigned

10/05/2011 - Interview - APPROVED

10/07/2011 - Visa Received

10/09/2011 - POE San Francisco

Finally complete in 205 days !! 6 Months 3 Weeks

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