Husband and I Need Help!

[Ambos 0]

Ello, everyone and thanks for reading our cry for help! Lol. I am a natural born US citizen and I married my British husband in the US while he was here under the Visa Waiver Program (90 days). We want to file for him to become a legal resident, but are confused as to what forms to send off for filing. It seems I get 10 different answers everywhere I research and I just want my husband home asap. We were considering the Adjustment of Status which apparently must be filed with the I-130. Is that the correct way to go about it? If so, can he come back under his Visa-Waiver and stay past his 90 days legally as his forms are being processed? I've read in a few places that he can, but I want to be sure. We just don't want to mess up and have him locked out of the country or something, I couldn't live with that. Someone please give us some good guidance that won't get into avoidable trouble! Thank you!

[ceadsearc 515]

Is he in the US now?

One can adjust status from VWP if they have come without intent to do so and circumstances change. Coming for the purpose of adjusting is illegal, so if he isn't already here you will need to follow the process for a CR-1 visa and he can visit (but not past 90 days) on VWP in the meantime.

[Darnell 8,472]

you want him to be home?

this implies he's not in the USA.

Sorry, must to pursue a CR-1 visa, and that starts with an I-130. We've a guide for this, here at VJ, btw.

If he's not left the country yet, then he can attempt to file an adjustment of status case.

Both of these 'things' result in a greencard.

[Ambos 0]

He is currently in England. Thank you for your help! So, I file the I-130 first? This all just seems so confusing. Also, we've been married for over a year if that matters. I doubt it does.

[VanessaTony 3,557]

He is currently in England. Thank you for your help! So, I file the I-130 first? This all just seems so confusing. Also, we've been married for over a year if that matters. I doubt it does.

It doesn't for this stage of the process BUT once he gets his visa he has 6 months to enter the US and depending on how long you've been married he will get either a 2 or 10 year card. If he waits until you've been married 2 years or more he'll get the 10 year card. if he comes before then it will be a 2 year card and in 2 years you'll need to file more paperwork (I-751). It's likely it'll take long enough it'll be more than 2 years by the time he enters but if it's close to his 2 year when he get it it'll be in both your best interest to delay entering the US until you've been married 2 years (as long as the visa doesn't expire in the meantime).

[Ambos 0]

Ok, that makes sense. Thank you!

[Harpa Timsah 13,253]

You have been married a year? Have you been separated this whole time since your wedding or did he overstay his 90 days at all?

[Ambos 0]

He has been visiting on his 90 days and has never overstayed the limit. the longest we've been apart was almost 10 months. He had to go back a few weeks after we got married and from there he's been here twice on his VWP.

He want to come out next month for another visit, but can he do that after I file the i-130?

[Ambos 0]

And he wants me to mention that he went back this past February.

[Harpa Timsah 13,253]

So much wasted time. File I-130 immediately (why have you been waiting) and he can visit in he meantime.

[Ambos 0]

Will do. It's taken this long because I lost my job right after we got married, then serious family issues came up, and then I had to establish a new job and a new home for us. Since then we have been confused and trying to find the right steps to getting him back home with me for good. Thank you for your help, it's most appreciated.

[Harpa Timsah 13,253]

Sorry if I sounded mean. It just makes me sad when people are so desperate to be together now and they could have been, had they started the process earlier.

[Ambos 0]

I understand, no need to be sorry! Thank you for your sympathy and advice.

[Harpa Timsah 13,253]

While you're at it, check out the guides. Filing the I-130 is the first step of many in the process. VJ has some good guides that will help you see the big picture. Good luck.

Edited May 13, 2012 by Harpa Timsah

[Ambos 0]

Will do! Thank you.