Best visa for us?

[wintersazure 1]

Hi, I'm new here. I'm a US citizen and my husband is a British citizen living in Scotland. We were just married May 23rd while he was here on a visitor visa waiver (he is still here, returning home on August 5th before his visa waiver expires). I read that because our wedding was planned prior to him entering the country, he could not change his status due to us getting married on a visitor waiver. So far I know I have to file an I-130 to bring him in, and I do not make the financial requirements (but my mom does and is happy to sponsor him). I have a few questions. First off, I heard that bringing a spouse in on the I-130 can take a year before he can actually come live with me. I've read some people say that after applying for the I-130, they applied for the K-3 spouse visa so their spouse can come live with them sooner. I have read mixed views on this visa. Some people said the K-3 processed quickly and their spouse was able to come live with them in the US within 3 months; others said that it was a waste and took as long as the I-130. Any advice on this?

Also, I currently live with my mother in NY. My husband and I would eventually like to move to Florida, once he gets in the country. Since my mother would be sponsoring him, do we need to live in the same state as her, or could we move to Florida?

One last question. Once I file the I-130, how long does it take until he can actually live in the country? Are we still allowed to visit each other during the processing time?

Thank you so much for your help!

[Transborderwife 4,666]

K3 visas are obsolete. You would need to go for a cr1. It takes about a year. No, you do not need to live in the same state as your mother. Providing he maintains good ties to his home country he can still visit on VWP. You can visit him as often as the UK allows.

Edited July 27, 2015 by Transborderwife

[Boiler 43,392]

Not sure where you have been reading why not just adjust.

[wintersazure 1]

Not sure where you have been reading why not just adjust.

I was told that if you enter the country on visitor waiver with the intentions of getting married, it is considered immigration fraud to adjust your status, that you need the proper visa before entering the country if you intend on staying.

Edited July 27, 2015 by wintersazure

[Transborderwife 4,666]

It is yes, but did he say that he was getting married at point of entry?

[Boiler 43,392]

Did he intend to stay when he entered?

Who have you been talking to?

Did he intend to stay when he entered?

Who have you been talking to?

[wintersazure 1]

It is yes, but did he say that he was getting married at point of entry?

Yeah, he did. He came with his mom who also attended our wedding, and they had their wedding attire as well. We thought it best not to lie to the boarder people, in case it came back to haunt us later. Also, there was no way anyone would believe our wedding was thrown together last minute; we had booked it back in September and his Scottish relatives had booked tickets and everything. If someone really wanted to dig, they could see quite easily that we had been planning it for a while.

[wintersazure 1]

Did he intend to stay when he entered?

Who have you been talking to?

Did he intend to stay when he entered?

Who have you been talking to?

No, he didn't intend to stay when he entered. I read on multiple other forums and on the US government site that if you come into the country on a visitor waiver with the intention of getting married, you can not stay in the country. The lady that let him through immigration when he arrived told him the same. We've been finding information on various forums and government websites.

[blk 87]

Yeah, he did. He came with his mom who also attended our wedding, and they had their wedding attire as well. We thought it best not to lie to the boarder people, in case it came back to haunt us later. Also, there was no way anyone would believe our wedding was thrown together last minute; we had booked it back in September and his Scottish relatives had booked tickets and everything. If someone really wanted to dig, they could see quite easily that we had been planning it for a while.

Hi,

It's not fraud to enter the USA with plans to get married, the fraud only comes into it, if at the time of entry he had the intention to stay & adjust his status. As he didn't he can stay & adjust his status, but remember that he cannot leave until he has either his AP or G/C in hand.

Brian

[Transborderwife 4,666]

Hi,

It's not fraud to enter the USA with plans to get married, the fraud only comes into it, if at the time of entry he had the intention to stay & adjust his status. As he didn't he can stay & adjust his status, but remember that he cannot leave until he has either his AP or G/C in hand.

Brian

But with declaration at Poe that the was to be married he could possibly receive a misrepresentation ban.

OP if you want to try and AOS, then by all means try. Just know that coming on VWP, should aos be denied he has no recourse for appeal. It's an iffy situation but may be worth trying.

[blk 87]

But with declaration at Poe that the was to be married he could possibly receive a misrepresentation ban.

OP if you want to try and AOS, then by all means try. Just know that coming on VWP, should aos be denied he has no recourse for appeal. It's an iffy situation but may be worth trying.

No he would not, as lots of people come into the US to get married,

[Transborderwife 4,666]

No he would not, as lots of people come into the US to get married,

Yes, but they don't all stay and adjust after declaring so at POE.

[wintersazure 1]

We aren't thinking of adjusting his status, he still has things back home like his apartment and car and such that he can't just abandon. I was more curious of how long the process takes, from when I file the forms until he actually is allowed to come live here. What is the quickest way?

[Transborderwife 4,666]

We aren't thinking of adjusting his status, he still has things back home like his apartment and car and such that he can't just abandon. I was more curious of how long the process takes, from when I file the forms until he actually is allowed to come live here. What is the quickest way?

CR1, takes about a year If he goes home that's his only option.

[blk 87]

Yes, but they don't all stay and adjust after declaring so at POE.

True, but as he was let in they were satisfied that he would be leaving at the end of his stay & had no intention at that time to stay & adjust his status, but if he was to now to change his mind & wish to stay he can very legally do so & adjust his status being married to a USC.