Immigration for Permanent reticent's wife

[Syed M 0]

Dear All,

I am an USA permanent resident and British citizen. I am moving to California next month from UK with a Job and will permanently reside in USA.

My wife is a British citizen and we are going to submit an immigration visa for spouse to London consulate. While the visa will be on process can she travel USA to see me under visa waiver programme. I know British citizen can travel USA up to 90 days with British passport.

I also need to know

Can I apply for Spouse visa once she is USA under visa waiver programme.

Or do we have to submit the application from London Consulate.

I really would like to take the dream Job and my we really would like to avoid living separate. You advice will be really useful.

Many Thanks

Syed

[JohnR! 5,495]

You wife will be able to travel to the US while her visa is in process. You can take advantage of DCF in London.

Entering the US on VWP, or a non-immigrant visa, with the intent of AOS, is considered immigration fraud, which means you are better of submitting your application to the US Consulate in London. This will also give you the chance to comply with the residence and income requirements, as the petitioner.

Good luck.

[Harpa Timsah 13,258]

How long have you lived in the UK?

[aaron2020 11,651]

Dear All,

I am an USA permanent resident and British citizen. I am moving to California next month from UK with a Job and will permanently reside in USA.

My wife is a British citizen and we are going to submit an immigration visa for spouse to London consulate. While the visa will be on process can she travel USA to see me under visa waiver programme. I know British citizen can travel USA up to 90 days with British passport.

I also need to know

Can I apply for Spouse visa once she is USA under visa waiver programme.

Or do we have to submit the application from London Consulate.

I really would like to take the dream Job and my we really would like to avoid living separate. You advice will be really useful.

Many Thanks

Syed

Hi Syed,

You can apply when she is here in the US, but she can not stay.

Your wife can not adjust status in the US. First, it's immigration fraud to enter the US with the intent to immigrate. Second, there is no disregard of preconceive intent to immigrate for the relative of an LPR. Third, the current PD for the F2a category which your wife is under is Sept. 8, 2013, which a visa number is not immediately available to her and she can not adjust.

Here is what you need to do. File the I-130 as soon as possible. Wait for her PD to become current. If she is in the US on the VWP when her PD becomes current, she can adjust. If she is outside the US when her PD becomes current, then she applies for an immigrant visa. This will take 2-3 years at this point.

Best of luck.

You wife will be able to travel to the US while her visa is in process. You can take advantage of DCF in London.

Entering the US on VWP, or a non-immigrant visa, with the intent of AOS, is considered immigration fraud, which means you are better of submitting your application to the US Consulate in London. This will also give you the chance to comply with the residence and income requirements, as the petitioner.

Good luck.

Hi Gegel,

How does an LPR take advantage of DCF? Wouldn't the US LPR lack residency in the UK to file DCF?

[kzielu 1,149]

Can I apply for Spouse visa once she is USA under visa waiver programme.

No, for two reasons :

1. It's a fraud.

2. There's 2-3 years wait (depending on when F2A category starts moving) for spouses of permanent residents and they need to be in status to adjust it (which is impossible on VWP).

[JohnR! 5,495]

Hi Gegel,

How does an LPR take advantage of DCF? Wouldn't the US LPR lack residency in the UK to file DCF?

I sounds counter intuitive but it is possible.

http://london.usembassy.gov/dhs/uscis/i130filing.html

Who can file their I-130/I-360 at the London Field Office?

The USCIS Field Office London will only accept I-130 petitions from United States Citizens and Lawful Permanent Residents who are resident in the United Kingdom. United States citizens whose principal residence is not in the United Kingdom, and/or who entered the United Kingdom as a tourist visitor must file the petition with the Chicago Lock Box. See more at USCIS.gov

In order to meet the residency criteria to file with this office; the United States citizen must satisfy two requirements:

• The United States citizen or Lawful Permanent Residents must show evidence (valid UK Entry Clearance) that he/she has permission from the UK Home Office to legally reside in the United Kingdom; and
• The United States citizen or Lawful Permanent Residents must also show that he/she has resided in the United Kingdom for at least six months from the date of arrival following approval of the UK Entry Clearance.

For example, if a U.S. citizen obtains a UK Entry Clearance that was approved/granted on April 1, 2012 and subsequently arrives in the UK on April 5, 2012, the earliest date that this office will accept the I-130 will be October 5, 2012.

Alternatively, U.S. citizens or Lawful Permanent Residents resident in the United Kingdom also have the option of filing their I-130 petition directly with the Chicago Lock Box.

U.S. citizens or Lawful Permanent Residents who reside in the United States or do not meet the above UK residency requirements must file their petition with the Chicago Lock Box.

[Syed M 0]

Hi Gegel and Aaron ,

Great and prompt help.

Now just to put few more info.

• I am British Citizen and permanent resident permit holder in USA. I have been maintain my green card and just found the niche job which i was looking for.
• My wife is British citizen too.
• Starting job in USA , CA from June and will live there permanently.
• Now if i file submit spouse immigration application in London office can my wife still visit USA .
• How long the procedure will take.
• Can i wife travel multiple time under VWP while the application in process.

Really grateful for your kind advice.

Thanks

Syed

[aaron2020 11,651]

Hi Gegel and Aaron ,

Great and prompt help.

Now just to put few more info.

• I am British Citizen and permanent resident permit holder in USA. I have been maintain my green card and just found the niche job which i was looking for.
• My wife is British citizen too.
• Starting job in USA , CA from June and will live there permanently.
• Now if i file submit spouse immigration application in London office can my wife still visit USA . Yes, she can visit.
• How long the procedure will take. Probably 2-3 years.
• Can i wife travel multiple time under VWP while the application in process. Yes, she can travel multiple times. However, if she is spending more time in the US than outside the US, then it will look like she is abusing her VWP privileges to live here illegally. Also, going to Canada or Mexico does not reset the 90 days limit. She has to leave to a country that is not the US or Mexico.

Really grateful for your kind advice.

Thanks

Syed

I sounds counter intuitive but it is possible.

http://london.usembassy.gov/dhs/uscis/i130filing.html

Who can file their I-130/I-360 at the London Field Office?

The USCIS Field Office London will only accept I-130 petitions from United States Citizens and Lawful Permanent Residents who are resident in the United Kingdom. United States citizens whose principal residence is not in the United Kingdom, and/or who entered the United Kingdom as a tourist visitor must file the petition with the Chicago Lock Box. See more at USCIS.gov

In order to meet the residency criteria to file with this office; the United States citizen must satisfy two requirements:

• The United States citizen or Lawful Permanent Residents must show evidence (valid UK Entry Clearance) that he/she has permission from the UK Home Office to legally reside in the United Kingdom; and
• The United States citizen or Lawful Permanent Residents must also show that he/she has resided in the United Kingdom for at least six months from the date of arrival following approval of the UK Entry Clearance.

For example, if a U.S. citizen obtains a UK Entry Clearance that was approved/granted on April 1, 2012 and subsequently arrives in the UK on April 5, 2012, the earliest date that this office will accept the I-130 will be October 5, 2012.

Alternatively, U.S. citizens or Lawful Permanent Residents resident in the United Kingdom also have the option of filing their I-130 petition directly with the Chicago Lock Box.

U.S. citizens or Lawful Permanent Residents who reside in the United States or do not meet the above UK residency requirements must file their petition with the Chicago Lock Box.

Thank you for the info.

With a 2-3 years wait, it's really not going to matter if they file DCF or at the Chicago Lock Box.

[JohnR! 5,495]

Thank you for the info.

With a 2-3 years wait, it's really not going to matter if they file DCF or at the Chicago Lock Box.

What category would that be?

[aaron2020 11,651]

What category would that be?

F2a.

The current PD for the F2a category was advanced quickly last year. Since October 2013, it has been stuck at Sept. 8, 2013. The latest Visa Bulletin states that retrogression was possible in the F2a category in the coming months.

Given how long it has been taking to approve the I-130 and waiting for a current PD, it will probably take 2-3 years for an LPR to petition for a spouse.

[JohnR! 5,495]

F2a.

The current PD for the F2a category was advanced quickly last year. Since October 2013, it has been stuck at Sept. 8, 2013. The latest Visa Bulletin states that retrogression was possible in the F2a category in the coming months.

Given how long it has been taking to approve the I-130 and waiting for a current PD, it will probably take 2-3 years for an LPR to petition for a spouse.

I wasn't sure where the 2-3 yr time-frame came from. Thanks.

[aaron2020 11,651]

Syed,

If you file DCF, please come back and update this thread.

Thanks in advance.

[Syed M 0]

Hi Aaron,

Thanks again. New update from my side is my wife is pregnant which i we discovered last night. Delighted!

Now after submitting the immigration visa she can travel USA up to 90 days and before 90 days She will travel back to USA.

Can she return in USA after 3-4 weeks. And on arrival would the USA immigration enter back in USA.

I cant sum up any of the queries now. The job offer is so good that i dont want to miss out at the same time i dont want my wife to be alone during her pregnancy.

Kindly advice.

Edited May 3, 2014 by sislam

[aaron2020 11,651]

There is no way to know if she will be admitted or not on subsequent visits. If a CBP officer suspects she is abusing the VWP to live in the US with short visits outside the US, she can lose her VWP privileges. Additionally, she could get a multi-year ban for illegally living in the US.

Separation is inevitable when immigrating to the US.

You need to be careful with visits.

[Avery Cates 1,141]

Can she return in USA after 3-4 weeks. And on arrival would the USA immigration enter back in USA.

That's a fast track to losing your VWP privileges. If she's staying near the max amount of time, going back for a short time, and then trying to return it's likely they won't admit her as it's not CBP's first rodeo and they're wise to the "living but not living in the US on tourist/VWP" and they can deny her entry and revoke the VWP.