Help.....I need some good advice

[byfo2005 0]

I entered the U.S on a K-1 visa in August 2005, got married to my US Citizen wife, and applied for AOS.

Unfortunatly, our marriage started to break down after a short while. at this stage my AOS was pending.

I made a Info Pass at my local office and told the officer that we had problems with our marriage, and what were my options of staying in the U.S. Basicly I was told that if both my wife and I didn't attend my AOS interview, I would have leave the States or return home, being England.

So, in July 2006 I had all my belongings shipped back to the UK, and returned myself.

Afer a couple of months back home my wife started to make contact with me, saying what a terrible mistake she had made, and wanted me back, however, I was very reluctant in returning to the U.S after just rebuilding my life back in England. But we kept in contact by phone and email on a regular basis.

This past Christmas, friends of mine who live in the States invited me for the holidays. I entered the States on the Visa Waiver Program with no problems.

During my stay my wife and I spent a lot of time together and sorted out most of our problems, which was great.

Now, I'm back in England. We have both decided we want the marriage to work and I am planning on returning to the States within a few weeks. I will enter the States on the Visa Waiver Program again. But I'm very concerned about my next step.

Should I reapply for AOS and Work Authorisation?

Should we file for Family Based Visa I-130?

Can I legally stay in the States while it's being processed?

Any positive advice would be welcome....Thanks

[DelcoCouple 1]

I entered the U.S on a K-1 visa in August 2005, got married to my US Citizen wife, and applied for AOS.

Unfortunatly, our marriage started to break down after a short while. at this stage my AOS was pending.

I made a Info Pass at my local office and told the officer that we had problems with our marriage, and what were my options of staying in the U.S. Basicly I was told that if both my wife and I didn't attend my AOS interview, I would have leave the States or return home, being England.

So, in July 2006 I had all my belongings shipped back to the UK, and returned myself.

Afer a couple of months back home my wife started to make contact with me, saying what a terrible mistake she had made, and wanted me back, however, I was very reluctant in returning to the U.S after just rebuilding my life back in England. But we kept in contact by phone and email on a regular basis.

This past Christmas, friends of mine who live in the States invited me for the holidays. I entered the States on the Visa Waiver Program with no problems.

During my stay my wife and I spent a lot of time together and sorted out most of our problems, which was great.

Now, I'm back in England. We have both decided we want the marriage to work and I am planning on returning to the States within a few weeks. I will enter the States on the Visa Waiver Program again. But I'm very concerned about my next step.

Should I reapply for AOS and Work Authorisation?

Should we file for Family Based Visa I-130?

Can I legally stay in the States while it's being processed?

Any positive advice would be welcome....Thanks

You can not enter on the VWP as you have immigrant intent. I suspect your leaving of the USA may well be viewed as abandonment of your application. K3 would at first glance appear to be the way to go now but I am not familiar enough with K3 to say for certain that will be allowed.

[byfo2005 0]

I entered the U.S on a K-1 visa in August 2005, got married to my US Citizen wife, and applied for AOS.

Unfortunatly, our marriage started to break down after a short while. at this stage my AOS was pending.

I made a Info Pass at my local office and told the officer that we had problems with our marriage, and what were my options of staying in the U.S. Basicly I was told that if both my wife and I didn't attend my AOS interview, I would have leave the States or return home, being England.

So, in July 2006 I had all my belongings shipped back to the UK, and returned myself.

Afer a couple of months back home my wife started to make contact with me, saying what a terrible mistake she had made, and wanted me back, however, I was very reluctant in returning to the U.S after just rebuilding my life back in England. But we kept in contact by phone and email on a regular basis.

This past Christmas, friends of mine who live in the States invited me for the holidays. I entered the States on the Visa Waiver Program with no problems.

During my stay my wife and I spent a lot of time together and sorted out most of our problems, which was great.

Now, I'm back in England. We have both decided we want the marriage to work and I am planning on returning to the States within a few weeks. I will enter the States on the Visa Waiver Program again. But I'm very concerned about my next step.

Should I reapply for AOS and Work Authorisation?

Should we file for Family Based Visa I-130?

Can I legally stay in the States while it's being processed?

Any positive advice would be welcome....Thanks

You can not enter on the VWP as you have immigrant intent. I suspect your leaving of the USA may well be viewed as abandonment of your application. K3 would at first glance appear to be the way to go now but I am not familiar enough with K3 to say for certain that will be allowed.

But I'm still married to my wife who is a US Citizen

[mmb 0]

I entered the U.S on a K-1 visa in August 2005, got married to my US Citizen wife, and applied for AOS.

Unfortunatly, our marriage started to break down after a short while. at this stage my AOS was pending.

I made a Info Pass at my local office and told the officer that we had problems with our marriage, and what were my options of staying in the U.S. Basicly I was told that if both my wife and I didn't attend my AOS interview, I would have leave the States or return home, being England.

So, in July 2006 I had all my belongings shipped back to the UK, and returned myself.

Afer a couple of months back home my wife started to make contact with me, saying what a terrible mistake she had made, and wanted me back, however, I was very reluctant in returning to the U.S after just rebuilding my life back in England. But we kept in contact by phone and email on a regular basis.

This past Christmas, friends of mine who live in the States invited me for the holidays. I entered the States on the Visa Waiver Program with no problems.

During my stay my wife and I spent a lot of time together and sorted out most of our problems, which was great.

Now, I'm back in England. We have both decided we want the marriage to work and I am planning on returning to the States within a few weeks. I will enter the States on the Visa Waiver Program again. But I'm very concerned about my next step.

Should I reapply for AOS and Work Authorisation?

Should we file for Family Based Visa I-130?

Can I legally stay in the States while it's being processed?

Any positive advice would be welcome....Thanks

Look for posts by arwensun as she had a similar situation and getting back together is possible.

You will need to reapply for a visa, a K-3 (spousal visa) this time and will not be allowed to adjust from a visa waiver.

Edited January 26, 2007 by mmb

[Captain Oates 910]

Yes I have done all this stuff - that doesn't prove your not an unstable NUT CASE - it just proves there are two of us !

I too went back on VW after abandoning aos

I too am reapplying - but my USC wife is here in the UK with me so we are doing I-130 with no k3

Is there any chance she can live in the UK while you do the process which looks like 10 months ? at least you would not have to do AOS again and possibly not even conditional resident either

getting her a UK green card is a piece of cake - about 10 minutes at the UK consulate in the states

If not then its the k3 for you boyo ! You know the ropes for most of it so the uncertainty wont be a factor this time

file it when you get to the states on vw and then go home in 90 days and play the game...you are not entering with immigrant intent at that time - you intend to leave in 90 days and you will - so you are doing nothing wrong !!!!

alan

Edited January 26, 2007 by saywhat

[DelcoCouple 1]

But I'm still married to my wife who is a US Citizen

Good luck with telling the IO that the purpose of your visit is to reconcile with your wife and live in the USA by AOS from the VWP then. Please let us know what his repsonse is.

[Captain Oates 910]

But I'm still married to my wife who is a US Citizen

Good luck with telling the IO that the purpose of your visit is to reconcile with your wife and live in the USA by AOS from the VWP then. Please let us know what his repsonse is.

You are right he shouldn't do that - it works a lot for unmarried people - but nothing wrong with filing k3 while he is there on VW - a lot of K1's do that - I did - and where it says 'are they in the US now' you just put yes.. at least they will be together for 90 days ...

as long as he is out in 90 days it will be all ok

I quickly thought about him getting a divorce in vegas and then starting a K1 which is quick - then my head started to hurt and I had to lay down !

alan

[DelcoCouple 1]

.......

I quickly thought about him getting a divorce in vegas and then starting a K1 which is quick - then my head started to hurt and I had to lay down !

alan

Full marks for lateral thinking ahahahahahahaha

[Captain Oates 910]

yes I only think laterally when I am standing up and then I have to lay down and become lateral and think vertically again ....

It's not easy being me...

This is my third petition remember so it is the product of a fevered brain

But seriously I think they can work something here which will take at least 90 days out of it - so some of the separation time - and then if she visits the Uk or they meet up in Canada as we did, it does make it sort of bearable...

and while they are waiting he can make posts on here such as 'can I visit while my application is pending' and get all sorts of conflicting replies..

chin up fellah you can do this ! The course of true love never did run smooth (ly - adverb)

alan