I'm in UK wife is in the States, been apart now 5 months

[IrishEdHeading4US 0]

This has been the hardest 5 months of my life. My wife is in the States and I have been here in UK that whole 5 months. I quite simply want to get back home to my wife in the States as soon as LEGALLY possible. I really am thick on this, and I do not know how many times I have read it to try and understand it. So...she applies in the USA for the I 130...I think I got that right. At what point am I permitted to enter the USA then? I want to go at the first opportunity, but I DO NOT WANT TO GO IN HASTE TO FOUL ANYTHING UP.

Now what I am also trying to understand is...... My wife applies for the I130, and this is just a presumption on my part, that once the I130 is approved and I go to home in the USA, that I then can apply straight away for Change Of Status???

Now please forgive me for being thick on all this, I just want to do what's right the first time and not have a pile of papers sent back to my wife in the States...YES YES I KNOW SHE DOES ALL THE APPLYING, BEFORE ANY OF YOU DARLING PEOPLE YOU JUMP ALL OVER MY THICK CASE..LOL This thick bit must have everything to do with coming from Ireland..LOL

But seriously....I would so gratefully appreciate all the help, advice and counsel you can give me, as this separation of 5 months for us both is killing us.

MY STUPID FAULT FOR LEAVING THE USA FOR MY SONS WEDDING HERE IN THE UK IN AUGUST, IT TOTALLY SCREWED US. SILLY IRISH PILLOCK THAT I AM.!!!

I look forward to your replies dear folks. God please make the replies make sense to my thick skull.!!!!!

If nothing else folks, I have given you good cause to chuckle....hey??

[Harpa Timsah 13,258]

http://www.visajourney.com/content/i130guide1

Here is the guide for CR-1 visa. The type of visa where you adjust your status in the US (K-3) is no longer available, so just delete that from your memory. You are on the CR/IR-1 path. (Hopefully your wife already submitted her I-130).

Once the I-130 is approved, there is a NVC stage and then an interview stage in your country. Once you are approved (and have the visa in your passport), then you will enter the US, and that entry will trigger your Perm. Resident status. Your Greencard will come in the mail some time after that (but they should stamp your passport with the right stamp giving you your status).

Only other wrench in the mix: Did you overstay on any other entry? You said you were silly to leave for your son's wedding... How long had you been here before that? Good luck.

[Darnell 8,478]

don't confuse 'getting a CR-1/IR-1 visa'

with

'adjusting status', as

they're 2 different beasties.

Stay on the CR-1/IR-1 track, read the guide copiously that Harpa Timsah linked for you,

and make sure yer lass understands all.

FWIW - the I-130 will be approved, but then

there's more work (for the two of you ) at NVC

and later, at some point, an interview at the US Embassy (somewhere) is scheduled for you.

Can't skip the NVC and USEmbassy steps, at all, alas.

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***

[Fandango 1,439]

Only other wrench in the mix: Did you overstay on any other entry? You said you were silly to leave for your son's wedding... How long had you been here before that? Good luck.

It was the first thing that sprung to my mind when I read that as well.

[trillium13 84]

OP did not mention his VWP overstay.

http://www.visajourney.com/forums/topic/292358-husband-overstayed-vw-and-returned-to-uk-aos-not-yet-filed/

[Darnell 8,478]

good lord. ouch.

[nigel 7]

MY STUPID FAULT FOR LEAVING THE USA FOR MY SONS WEDDING HERE IN THE UK IN AUGUST, IT TOTALLY SCREWED US. SILLY IRISH PILLOCK THAT I AM.!!!

I feel a 601 waiver here......been there, done that....never again...

Edited January 25, 2011 by nigel

[IrishEdHeading4US 0]

I feel a 601 waiver here......been there, done that....never again...

I believe yer right Nigel....and what was the final outcome kind sir??

Stupid dumb #### thing I did was to leave for the blessed wedding. We already had all the IMMIGRATION medical done in Detroit, papers completed and were about to file them literally, when my son phones from the UK and springs it on us he is getting married, and being my firstborn there was no way I was missing that. I didn't see the woods for the trees everyone.... I'm a dad, I'm HUMAN, I fail and, I think we all could look back with hindsight at events in our lives that we wouldn't do after the event. I was away over time on my Visa Waiver, and what was so hilarious about the whole deal was, my wife and I actually PRESENTED OURSELVES TO THE IMMIGRATION AND HOMELAND SECURITY OFFICE IN DETROIT WHEN I WAS OUT OF VISA WAIVER AND THE OFFICER TOLD US KNOWING THIS, TO GO GET MARRIED AND FILE.... WE WERE TOTALLY DUMB FOUNDED. But....we were going to get married anyway cos for some reason this wife of mine loves me and I love her to bits too. The old saying rings true tonight as I sit in England and my precious wife sits in Michigan...... Love conquers all and when it is real and true love, no Immigration Board or Government can stop it. I was taught a saying by my dad many years ago and it has served me well many times, even when I admit my mistakes and faults. "GOD will make a way where there seems to be NO WAY". I admit my stupidity and I admit I was wrong in breaking the terms of the Visa Waiver, but that's TRUE LOVE for you sometimes when there are things thrown at you suddenly.

We'll now file the I130 knowing what is going to happen, and then file the I601 and trust God. We are also very fortunate that LITERALLY straight across from our house in Michigan is Canada...and I mean LITERALLY a golf shot from our beach. I have broken no laws in Canada and if the worst came to the worst and the I601 failed, we have Canada 30 seconds away. My wife would only have an added inconvenience of one extra ferry to mainland USA, which tens of thousands do every day of the week.

I want to thank everyone for taking the time to help me/us, and even while we are totally shell shocked and broken hearted at being so so far apart, we are not defeated, nor will we be. I am not a brain of Britain/Ireland and I have learned a H U G E lesson by the BIGGEST mistake of my life. The motto from all of this........ STOP AND THINK BEFORE YOU LEAP. THANK YOU EVERYONE..... WE SHALL KEEP YOU ALL INFORMED.

[Darnell 8,478]

Yay Canada !! That's a nice backup plan, always.

Good Luck !

[nigel 7]

I believe yer right Nigel....and what was the final outcome kind sir??

My Final outcome was i was approved my 130 & 601 waiver..Thank God.. and proberly a loss of hair and what i did'nt loose turned silver over the time..

but i/we stuck in there and played there game and won in the end...

get ya wife to file the 130... wait until that goes through the motions like everyone else...get approved your 130 from the uscis/nvc.that then goes to the London Embassey.....you get a interveiw date....goto the 130 interveiw..then you will then get denied for your overstay...crazy but true...then file your 601 waiver with your hardship letters plus evidence showing ya usc wife and family have got hardships from not having her immigrant spouse with her in the usa...

Make your Hardship letters good I mean "VERY GOOD". like its a life and death situation...the officer who reads hardship letters is mostly looking at hardships the usc&family has more than the immigrant itself, but still even make your letter as good also....once the letters and documents are in filed to show such hardships on all parties, then its just a waiting game....as you said upto the Gods..

Good news is that London havent got a bad track record for approvels and time it takes (well when i went through there anyways)....well better than a lot of places i can mention anyways..

If you have started the 130 stuff off now....then thats good..less time...you go through everything a normal 130 application, just like anyone else...but have in mind at the interveiw they will slap you in the face, then you have to beg them for forgiveness. sort of deal..

all this is very durable by yourselfs but takes time and plenty of reading/learning on sample hardships and how & what there looking for in your 130/601 waiver..

But if you feel like its all to much for you guys, get yourself a good lawyer who deals with 601 waivers...they the lawyer will take down all your details and work out a plan of attack to apply for a visa and which angle to write hardship letters on you and your usc behave..

Now to get approved it can be all down to of what hardships the usc & family can prove without you not being there in the usa. ..there are many different hardships a usc can & do have this is something you and your wife must talk about before you goto the next step..or even a lawyer who deals with 601 waiver cases..

Your mrs posted early today i beleive asking more or less the same things....ask her about it also...

Good plan B about Canada..but you still have to file for a visa to live there,,,,not sure how you would do that without a work/student or whatever visa they require tho....i don't know much how canada immigration works to be honest...even tho i have family living there....

Well anyways...i hope this helps you out & wish you all the best whatever you route you decide..