demijonas

7 minutes ago, Boiler said:

 

I just had a look and certainly did not look that hard, this recent post which has lots of replies is saying the same thing as you get here.

I can't quite tell if you're sending me this to tell me I'm wrong, make a snide remark or be helpful. Either way, I would appreciate any helpful comments or nothing at all.

Just now, Boiler said:

Where are you seeing cases taking so little time, 8 months?

Reddit mostly. A lot of people share their screenshots from the app Lawfully and it seems to be getting quicker at the moment which most people are saying. Also as I mentioned, the immigration lawyer we spoke to also said 8 months to a year, 15 months at a push he had seen personally.

15 minutes ago, Boiler said:

As far as the VWP is concerned

 

Avoid long trips

 

Stay our for twice as long as you were in

 

You should be ok, last thing you want is a trip to Secondary

 

Thanks for the info, I have seen all of the above on various sites so have taken this well into consideration. Thanks again!

1 minute ago, Jorgedig said:

The USCIS process (petition approval) is only the first step.   The approved petition goes to the NVC, and the petitioner must upload requested documents.   Once documentarily approved,  it is dispatched to the consulate.   Entire process takes 18-24 months.

 

Is this the first you are investigating the visa process?

Thank you for the info! An immigration lawyer we spoke to said most cases he works on at the moment have been taking around 8 months to a year for green card in hand and I had seen a lot of posts recently with similar timelines so now this worries me. Almost two years going back and forth was not what we were expecting.

Not the first time, at all. But I have consumed SO much information over the last two weeks since I got married from various sites, forums and threads that everything is starting to jumble itself up and my brain is flooded with different form names and abbreviations so I am just simply asking for a bit of help to better understand everything. Everyone was at the beginning stages at one point and needed a helping hand I guess. 

1 hour ago, Jorgedig said:

This thread is reading as if you are investigating doing something fraudulent, just FYI.

Odd but appreciate your comment. My whole (quite lengthy) post was asking for advice on entering to the US on my ESTA and how many times I can come and go. I was also asking for any other people in a similar situation so I can see some real life examples and hopefully some put my mind at ease. To be quite honest, I was asking because it seems as though a cop out for people switching to AOS and getting away with it and some of the threads kind of made me a bit jealous/pissed while a lot of people are waiting excruciatingly long times to be reunited, which is exactly what will happen to me and my spouse depending on however long USCIS decide to take with our petition. I'm married to an Active Duty USC in the Marine Corps and you can literally be given dishonourable discharge for this so I can assure you, we are doing things the correct and LEGAL way. 

9 hours ago, BLC said:

We are still awaiting approval of our petition, so still at USCIS stage (ugh!). The estimated processing time that USCIS is showing for our case is showing 4 weeks left -lol I take that with a grain of salt, though, but a very hopefully it’s true! I would love to be able to receive that good news with my husband next to me 😃

How far in are you guys?

Ugh, so 8 months in now for you guys. We are yet to file as we're waiting for our marriage certificate to come back. We got married on March 1st. Forgive me for being a little clueless on the full entire process, but once USCIS approve the petition, is that the approval of the green card and you get the okay go? Or is there another huge fuss after this too?

Just now, SteveInBostonI130 said:

 

It is not allowed to enter on a B2 or ESTA with the intent to adjust status. That is violating the terms of the B2/ESTA and misrepresentation of purpose of entry if the intent is not disclosed.

The original comment was edited below somewhere by the commenter. The husband had urgent heart surgery so the wife was able to adjust whilst there to care for him. I think the original comment just missed out some of that vital info.

4 minutes ago, Bill Oxner said:

I just re read his post. He was having some kind of heart pump surgery and given only a few months without the surgery,  His wife applied for an emergency tourist visa from Philippines so she could be in USA with him for he surgery. She was quickly approved.

 

She just got here and they were gonna go back to Philippines like 3 months after surgery, I suggested he stay in USA due to the poor medical they have in Philippines until he was like 100%. 

Understood. Definitely no intent of visa fraud there. I think heart surgery is enough of a reason to have a change in circumstances, wow.

2 minutes ago, Daphne . said:

Yes, it will mean that you’ll be apart for a little while longer, and I understand it gets expensive to have multiple short trips, but how would you be able to afford being away from work for extended periods of time? I see that you own your own business, but you are aware that you can’t work while visiting on your Esta, correct? Having extended visits will raise flags with CBP

My business runs in the UK whether I am there or not. I've worked really hard for some years to grow my business to a point where I have time freedom like I said and have staff that work for me now, which is why I can afford to be away from work for extended periods of time. It would be physically impossible for me to work on my ESTA as my business, which is a clothing brand, runs and operates from my offices in London and everything is made/shipped from there.

1 minute ago, BLC said:

It is always a tempting thought, but it’s not worth it. Unless it’s honest, and there’s a really big change in circumstance while you’re there (unplanned), it’s really not worth the risk of committing fraud. 
I don’t think you will try AOS route, but just in case  you (or someone reading this) ever do get tempted at the thought of taking that route, because you’re  hating that time apart and thinking of the expenses during the wait …just look at it this way—if you did try AOS and it was “planned”, you would have to overcome USCIS being extra suspicious of the reasoning behind it. And then you would be stressing over a possible denial. If you did get a denial, just imagine how long you’d be apart after that and how expensive it would be to maintain a marriage long distance (or in your situation, to try to convince a military spouse to move to a different country) 12-18 months of this is way better than a lifetime of it. 
 

Like you said, we all are in the same boat ..some of us with different circumstances. But it equally sucks for all of us- no one wants to be away from the person they chose to spend life with. But, it’s comforting to just remember that almost everyone here has been through it, or is going through it (and there’s a ton more that never even come on this site!) 

Oh you're so right! I'm riddled enough with anxiety about this whole process coming to visit on an ESTA let alone even attempt to try something like AOS. I'm certainly not brave enough to go down that slippery slope but really just wanted to understand what it was people were doing and how it was even legal. 

It is an expensive process going back and forth visiting, but I'm praying that USCIS are processing applications quicker than they were during peak covid times so that I won't have to come and go too much. I have seen some cases recently on Reddit being approved incredibly quickly but I know it's all pot luck. How far along in the process are you guys after filing in July?

4 minutes ago, Crazy Cat said:

As I said, VJ Terms of Service are monitored closely here. 

Can see your original post was edited as it didn't say that to begin with. Thanks for the heads up, but I was merely replying to the commenter about someone else's situation. Nothing to do with mine as I have said I'll be doing consular processing and just wanted to know how it was even legal to switch. Thanks!

4 minutes ago, BLC said:

We filed in July 2022. 
I have always heard that too, to stay out of the country 2x as long as your last visit; but we have done it before where he has visited for a month, and then returned one month later for an additional month, and we have been fine. I think if it happens every now and then, it’s probably not a big deal if someone does have a long history of following all the ESTA rules.

 

I always remind my husband, just in case they are going to deny entry,  to just politely ask to withdraw his request to enter the country so he doesn’t get a denial on his record (of course it’s all something that can still be worked out if that ever happens, but of course better to avoid it, if possible). 

 

Dublin is definitely a good choice! They’ve always been really nice there (JFK staff have been, too). It’s just such a piece of mind to be able to tell your spouse “we are all good!” before boarding that long haul; and then don’t have to have that worry in the back of your mind for that long flight.

Thanks so much for this info. I'm glad it's worked out so well for you both all those times, I really hope I'll be in the same boat soon!

I must remember this withdrawing to request entry if anything does happen, I have seen that posted a few times around this site but hadn't known if it applied to this type of circumstance. 

I think Dublin seems like a winning option for me. That long haul flight will be a lot more relaxing for me and my partner knowing I'm already through. LAX have been nice every time tbh, I can't say I've ever had a bad experience to be honest. I flew to JFK in 2018 with an esta and had a return booked for 3 months time, the only thing I was asked is what I would be doing for the time and where I was staying which was with a friend. Given I wasn't married to a US citizen with a pending case back then, haha.

1 minute ago, Crazy Cat said:

Visa fraud is not a nice option.

Thanks for that Crazy Cat. I can assure you I am aware of this, but yes thank you for pointing out that visa fraud is not a nice option.

Intent is made at the border. If the original commenter was explaining about a situation that involved a US spouse suddenly needing surgery and his wife having to care for him, then there is no visa fraud there, that would be a change of circumstances which I have seen and heard happens many times.

Just now, Daphne . said:

This is turning into a very slippery slope now.. Yes, technically somebody can adjust status from a tourist visa if they are in the US already and circumstances changed. In this case however, OP is NOT in the US yet and already thinking about or advising the option of adjusting status in the US is a little shady because of that. Don’t do it..

To OP: yes, you can visit the US on your Esta while your I-130 is pending. I visited my husband many times while mine was pending. I had short visits (1-2 weeks per visit) because I couldn’t be away from work for longer, and this also showed a strong tie to my home country.

 

I would not apply for a tourist visa because you are Esta eligible and might lose your Esta if your tourist visa gets denied. 

Hi Daphne! 

Thanks for your response. Absolutely understand AOS causes room for concern, I was more wanting to check this was even allowed at all as I'm only just seeing that some other posters have done so. I had no idea switching from consular processing to AOS was even a thing until about 20 hours ago. 

I guess it worries me the most that my husband and I will be apart from majority of the time whilst the CR1 is processing and with the way things seem to be going these days, it could take well over a year and going for a couple of weeks at a time, many times, will be very expensive. Plus, spending more time out of the US than in it will also need to be applied here. I know I'm not the only one in this boat, but my husband is active duty military and his schedule is a lot more fixed than mine so taking leave to come to the UK and visit me regularly isn't an option for us. Whereas I can come and go as much as I like in theory as I own my own business which enables me a lot of time freedom.

Just now, Bill Oxner said:

OP said his wife just got here he posted on March 11th , and  she was planning on leaving in September, So I guess she got standard 6 months stay.

Wow! Now that's the first I've seen of a 6 month visa even being granted to a foreign spouse of a US Citizen. I had a B2 tourist visa appointment booked for next month but was told by so many commenters to cancel the appointment as it's not worth the risk. If they deny me the visa at the appointment, my ESTA is also automatically revoked and lord knows how me and my spouse would survive being completely separated that way. That would be hellish.

Just now, Bill Oxner said:

It's allowed, I just read some guys post and his wife from Philippines just got to USA on a Tourist Visa and they are now planning on just having her stay and adjust status.  He was planning on going back to Philippines with her soon, but I advised him to wait for a while since he as having surgery in USA soon.

 

I wasn't aware that was allowed but is a really nice option 

Funnily enough, this was my husbands parents route in as his mum is Filipino and Dad a USC. However, this was back in the 80's and I'm aware a lot has changed, ha. I wonder how long she was in the US for on her current tourist visa. It's definitely something I'm seeing on a lot of forums, wasn't aware it was something even allowed but yes, a really nice option like you mention.

Just now, BLC said:

My husband is a UK citizen, I am US citizen, and we have our ir1 petition in process (we are toward the end of the USCIS stage). He has visited 2x on his ESTA since and has had no issues thus far (he’s set to visit again tmrw). He has also renewed his ESTA during this processing time with no issue.  He visits for one month at a time and CBP has not since even asked him about the visa petition or to see any proof of ties to the UK (he brings them each time, just in case, though) —they just asked him the same one or two normal questions like “why are you coming to the US” “how long is your visit”. He’s traveled through CBP at JFK airport and preclearance in Dublin. Hopefully I can report back with the same good news after he travels tomorrow. 

Wow, this is great to hear! Just out of curiosity, how long has it been since you filed and how long did he stay back home in the UK between his visits? I'm seeing the rule of thumb is twice as much time outside of the US as you spent in. I'm in London and have heard good things about the pre-clearance at Dublin, so I am really considering flying there first and then over to LA. I feel slightly more confident that I'll be fine getting in either way now, but just to give me peace of mind, Dublin is a lot closer to London than LA is if I were  to get turned away for whatever absurd reason.

5 hours ago, Boiler said:

What do you do? Most people are limited by the amount of holiday they have.

I own and run a successful clothing brand in the UK, it is a LTD business so I’m fortunate enough to be able to have a lot of time freedom. While I’m away I have people to help keep the business running which is why I’m able to essentially not limited to any holiday/leave. 

Just now, Sammy_2496 said:

AOS is extremely risky and very illegal if that is your intent when you enter (pre planned). If you genuinely entered for the purposes of visiting, then later on in your trip you decide to marry and stay.. then it is legal to adjust status and people successfully do it. With your other question, it seems you have strong ties to your home country so you should be fine. But as always, you’re at the mercy of the CBP officer you speak to. I recommend bringing all the proof you can showing you will return… in conclusion i think you will be okay. Good luck with the visa and congratulations on your marriage ☺️

Thanks so much! Yes, I believe (and hope) that I have a good amount of proof showing I will return. Especially considering I’ve seen people with much less ties be granted entry so fingers crossed there. Any recommendations on how long of a trip I should be showing? Given the esta is valid for 90 days I’ve heard most saying to not do the full time.

In regards to the first part of your message, what I meant was those that have already married, are in the process of/have filed a CR1 with the intent to go home and do consular processing, then switch to AOS whilst they’re in the US for whatever reason. This is obviously legal somehow because I’ve seen people on this site do it, but I’m wondering if it just became really tricky switching routes. 

1 minute ago, Crazy Cat said:

You cannot enter the US as a visitor with the intent to stay and adjust status.  That would be visa fraud.  Be prepared to show proof of your strong ties to home country.

Yes I'm aware of this. I was just making note of the fact that I've recently come across some people doing this, when their original intent was to go and just visit as normal and go home to finish the process but for whatever reason, they have switched to AOS. I know intent is determined at the borders by an officer so just wasn't sure if switching was even allowed at all.

Hi all! Hoping for a bit of advice or even better, real life situations you’ve been through yourselves in regards to this. Had posted on Reddit but feel as though it's filled with not as helpful responses as this site. -

My husband (US Citizen) and I (UK Citizen) got married last month in the US while I was visiting him for ten days and I returned home to the UK a few days after. We are planning to start the process for a marriage based green card (waiting for our marriage certificate to come back) and will fill out form I-130 as soon as and go the consular processing route. My question is, for how long will I be able to visit him in the US whilst the visa is processing? I’ve seen a mixture of answers to this and some really great outcomes but my anxiety makes me question everything. I’ve seen some going back and forth fine on their B2 visas, some on an ESTA.

An immigration lawyer we briefly spoke to said I have strong ties to the UK, two mortgages/properties, I work for myself and have a LTD business registered in the UK, car on finance that has a few years left to pay off, can show sufficient funds to fund myself whilst I’m out there so I’m hoping I’d be able to provide enough evidence if I was questioned. He thinks we stand a good chance but said he’s had clients turned away and some come and gone multiple times with no issues. My husband is also active duty military and we were told this could help us although I’m not sure how true that is. 

Any advice on how long I should book to stay for if we go this route? I'm seeing most people say a couple of weeks, short and sweet trips cause less concern. Of course I want to be with my husband for as much time as possible, especially as it isn’t an option for him to spend nearly as much time in the UK with me whilst being in the military but am keen for more feedback. I have a concert planned in LA on the 11th May so would be going just before that. 

On a sidenote, I recently came across some posts where people had switched from consular processing to AOS whilst visiting their spouse on a tourist visa or ESTA. I hadn't realised this was an option. Is that incredibly risky? We have every intent to do the consular processing but just wanted to know for my own interest.