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keiron

US citizen married to a UK citizen please help

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

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keiron Newbie

keiron   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

I am in the UK and married a UK citizen. I have now over stayed my visa due to not being able to get married before my visa ran out and now we have been waiting since May 9 2013 for the I-130 to be processed. It is still in review status. What would happen if we just went to the US and he used just a regular visa waiver to get over there and then we did an adjustment stating he had overstayed and we are married? We want to have the interview in the states so that I can start working and get this all done. It is taking so long and we are not getting any answers when I call to get an update. Any advise or help would be appreciated. Thanks

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It is illegal to enter the US on a non-immigrant visa with the intent to immigrate. Worst case, he lies at POE and gets a lifetime ban.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

How long have you been in the UK and on what visa were/are you there?

DCF?

+1 Above post. Your proposal would be immigration fraud.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

JayJayH Proficient

JayJayH   546

Posted
Filed: Lift. Cond. (apr) Country: South Korea
 Timeline
Posted (edited)

Filing for adjustment of status is legal.

Telling the CBP that you plan to file for AOS is legal, but will make the CBP determine that he is not a visitor. And he will be sent back the UK to wait out the I-130.

Telling the CBP you don't intend to file for AOS when you in fact do, is lying. Lying to the CBP is very illegal, and usually carries a lifetime ban if caught.

Edited by Yang-Ja
Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

From your post it sounds like both of you overstayed your visas.

You also posted at midnight UK so perhaps that explains the lack of clarity.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   45,537

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Duplicate thread in another forum has been removed. Please post individual queries only once. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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