Redro

I know several people who adjusted on ESTA because of fairly serious questioning by CBP. Basically if you are scared by the officer that the next time you visit you might be denied entry… it makes sense to have a conversation with your partner and decide to stay and adjust. Unless OP was told that they shouldn’t/mustn’t adjust while visiting (and I’ve only seen that mentioned once here on VJ) adjusting is not against the rules after being admitted.

Every time I visited the US on my B2 I had to list the address I was going to stay at… if she is planning to stay with you on her next trip she should list your address on the necessary documents (just before she departs). She needs to tell the truth. Do not have her lie and state she is staying at a hotel if she is staying with you. what if the CBP officer asks to see a booking? What if the officer asks why is she traveling alone when she stated she would be traveling with her family? ETA: it was generally requested by the airline. I remember once the airline wouldn’t let me board my flight without giving the address I was planning to stay at.

I129F is voided because you are now married. file I130 and I130a asap and AOS documents as fees are going up April 1.

You travel with both passports after you get a new one. I did that and traveled successfully to the U.S. for several years using my old passport with visa and new passport without.

Very Bad Idea: Either go with K1 and get married in the US after you fiancé enters and then have the VN wedding after your partner receives a GC. Or get married and go the spousal route. Consequence of having a church wedding with no registration can be seen in the following post:

I think Guam is used to people from Asia activating their IVs in the country. Good to know it’s not just Korea.

How long do you plan on being in Australia? Where is your green card going to be sent? You can leave after a day or two after landing… if you need to get your GC for whatever reason stay in the US until it arrives… if you want to stay in Australia for more than 6 months though I would apply for a re-entry permit so you can stay outside the US for up to two years without losing your GC. Although, the stamp in your passport can be used as a GC for the first year SO 1. you can leave the day after you arrive 2. if you plan on being outside the US less than 6 months you don’t have to do anything extra 3. if you need to stay out of the US for more than 6 months apply for a reentry permit (i131) and wait for biometrics. ETA: I lived in Korea and some of my friends traveled to Guam to activate the visa and then returned to Korea to wrap things up. So, you don’t have to actually land in the state or city you intend to live in…. Just get that stamp and then leave. Same day is fine.

J1 visa is a visa used for schools… not sure if it only applies to teachers or people in education in general… there might be a 2 year requirement but a waiver is always something to be considered in the future… ETA j1 might not be an option though if i130 was filed so maybe H1B but I don’t think it is a lottery exempt position… OP might have to delay the move…

Would the school be willing to sponsor your wife for a J1 visa?

There was one person who was able to file DCF after filing I130 via USCIS but it was a long process that involved their congressman and they were also connected to the military. Have you asked the embassy in the UK if they would accept your DCF request if you cancelled the existing petition? Have you contacted USCIS about expediting your case due to job offer? Has your wife been offered a job in the US too or is it just you?

@Liya S. you might find this thread helpful. It might be a long process before you can move to the US. So, consider the timing of visits (and the costs) and when/if you decide to marry very carefully. Also google the show “prison brides” as that shows the marriage process and it is very informative.

Marry in haste, repent in leisure?

No. Spousal visa is the quickest process to allow you to live and work in the US. Unless you want to go the investor route or your current job can sponsor you for an L1 visa (but at your age you might not have the financial resources/ type of position where your job has offices in the US) You could consider looking at studying in the US. But an F1 is a non-immigrant visa and you are not allowed to work while you study so you might not qualify for one because you are planning to move to the US to be with your boyfriend/ future husband.

You don’t need a special visa to get married in the U.S. or to a prisoner BUT there might be special rules around how to get married in his particular facility so you’ll want to investigate that. Regarding being sponsored and living together. After getting married you can file the I130 and I130a- you might want to wait until after he has left the facility if he has difficulty completing the needed documentation online unless you plan on completing the paperwork together on one of your prison visits and mailing in a package. Then you will wait for the I130 to be approved. You will have to more than likely find a joint sponsor as your partner might not make enough to sponsor you( and generally the non U.S. citizen cannot self sponsor unless they have an income in the US- if you have about $100K in savings though you might be able to use assets) There are communities online of foreign women marrying prisoners in the US and a current TV show following foreign women marrying/ dating men based out of Michigan so you might want to find those groups for some support and tips while you navigate the process. Good luck and I hope your first meeting goes well. BE AWARE: THE SPOUSAL VISA PROCESS TAKES ABOUT 18-24 months. So, you won’t be moving to the US anytime soon. And you might want to visit several more times and really have a firm understanding of his crimes as you might be questioned about how well you know him/ the reasons he was incarcerated at the interview.

I130 will be approved as long as they believe the marriage is valid. NVC and consulate are where you have issues. US doesn’t want to issue the spouse of an American a visa if the American is not in the U.S. There is no need for a reunification visa if you are already together… You will need to file taxes for the last 3 years. You can sponsor someone while living overseas. Depending on the embassy it might be easier or more difficult for proof of domicile. You can read my story here And a story from the London embassy here. And here Any questions just ask me!

You need to figure out your own risk tolerance. No one can tell you what will happen. You could breeze through on your next visit or you could have a little visit to secondary or you could be asked to return to the UK. If you consider worst case scenario, you’re likely not visiting the US until you receive an immigrant visa. Best case scenario you’re able to visit every 3-6 months without issue.

The first month long trip in Feb might have also triggered the discussion as officer might have assumed you were looking at another month long visit this Feb. Personally another visit in May seems too quick to me. I would wait until the summer UNLESS May is when you have the time. Also, not knowing about your type of employment/ your situation you might want to consider delaying a trip so soon. If you’re a student. I would delay OR if you are someone who works from home and doesn’t have to go into the office I would delay the trip. If you’re in a more established career with a home you own, I would visit. Either way, expect a visit to secondary on your next trip and feel good/ lucky if it doesn’t happen.

@bitsofbrandon did the lawyer look at the documents leading to your partner’s revocation of F1 visa 5 year bar and request the FOIA record of your partner before advising the 601 is not required? If this is so, I would follow the advice of the person you paid or have another attorney look over the paperwork to make sure everything is correct.

This is something that has happened to a few people. They receive an RFE and then after the submit the first RFE they receive the second one. They might not have known they needed to give the 10 questions until they received the additional evidence. You can file a law suit and I am aware you have been waiting for a long time but I suggest waiting at least 5 months after interview to file the lawsuit. I suggest this because AP is something they warn you about in Amman and you can read this on the website: Most administrative processing is completed within five months of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. The administrative processing occurs in Washington, DC and can not be expedited or waived. Visa applicants are reminded not to make any non-refundable travel plans until they receive their visas. Link here. You can read about how law suits are going on in Canada by following this thread. And here another link to others in Amman going through AP. It looks like AP takes about 5-7 months out of Amman.

Will likely be denied. But, no harm in applying if money is not an issue.

OP is also on ESTA so… I’m not sure what that means if something goes wrong but it wont be the same as a K1/ B2 overstay

You can apply for EAD even if you fall out of status. As you will be applying after April there will be an additional cost. Make sure to pay the increased price for I130: i485 and EAD and AP if you want to travel. Just to confirm the person you are marrying is a U.S. citizen?

They’re going to assume your gf just wants to move to the US. Anything that makes it seem like she is really desperate to get here is a red flag. So, don’t get your hopes up.

Unless you have a good reason to expedite… I wouldn’t try. “Because I want to see my boyfriend” is not a great reason and could greatly increase a denial.

So, if she is coming to the US more to see you then study English it COULD lead to a denial as they will assume she is going the F1 route to circumvent the B1/B2 visa wait times and k1 AND spousal visa wait times. Totally understand WHY you want to go the F1 route. Personally, I visited for several years before agreeing to move to the US but then again I moved to ANOTHER country sight unseen so... you and your partner should assume the visa will be denied and plan either to visit in Colombia and other countries until you are ready to take the next step- be it break up or get engaged/married. If you know you want to get married and be together forever you can start the process now as it will probably take 18-24 months.