adjusting status of spouse in US? Urgent advice needed!!

[weliveyoung 0]

I would really appreciate it if anyone has advice or experience about adjusting status while in the US.

I'm a US citizen residing in the UK with my UK citizen spouse, we've been living here 3 years now. About two years ago we decided to move back to america and were informed by a relative that my husband could simply come over on a tourist visa and go through the whole process over there. We've been saving for the big move ever since, and were about to book our plane tickets a few weeks ago when I decided to double check all the info. Good thing I did because although the USCIS site technically says he's allowed to change status and nothing more....I've found a few other sites saying he may be deported for visa fraud.

There are two points which they could catch us out on .... we will have return tickets for two weeks time and my husband is on vacation from his job. After the two weeks he would lose his job. We're also bringing a cat, I don't know if they'd find out about that later on...

But we're also booking viewings for rental properties here in the UK and he will be applying for new jobs, since he was going to get one if we stayed in the UK anyway. So we would have some evidence we planned to return.

We really don't know which way to go now, does anyone know how harsh they are on catching out people out?

Thanks!!

[kzielu 1,147]

What are you planning to do is pure visa fraud, and it's even more risky on VWP. Right way to do is file for CR-1/IR-1 - read about DCF (Direct Consular Filing) which is shorter way to do it than regular IR-1 and from what you are writing is available to you.

It will be 100% legal and will allow your husband to work day one from his entry into US.

[ceadsearc 515]

I'm not sure I understand what you're asking - are you asking how to have him visit as a tourist visa and return to file a CR-1 since you now know you can't come with intent and adjust status, and you want to know if his evidence of ties to his country is compelling? Or are you asking what kind of fake evidence you can provide so he is allowed in and then he can adjust status?

He isn't allowed to come with INTENT and change status. Adjusting status IS allowed but only if circumstances change - not planned. In your situation you'd need to file for a CR-1 or do consular processing (if it is offered there).

[weliveyoung 0]

Sorry - to clarify we intended to go over on a visa waiver and have him adjust status in the US, and not return to the UK. We thought it was a perfectly legal way to do it until a few weeks ago. I would much rather do it with the CR-1 but our current living/financial situation in the UK would make it difficult, so I was wondering how much of a gamble it would be to just go to the US and apply anyway. We had our bags packed and everything!

[kzielu 1,147]

Sorry - to clarify we intended to go over on a visa waiver and have him adjust status in the US, and not return to the UK. We thought it was a perfectly legal way to do it until a few weeks ago. I would much rather do it with the CR-1 but our current living/financial situation in the UK would make it difficult, so I was wondering how much of a gamble it would be to just go to the US and apply anyway. We had our bags packed and everything!

Well, first I personally will not be OK doing something against the law. There is always a risk he can be denied entry (what are you planning to tell CBP by the way ? You are moving to US on VWP ?) and later his AoS will be denied - and that risk seems to be higher with VWP. Choice is yours.

[ceadsearc 515]

Well, it's illegal. So no one is going to advise you on it because it would violate VJ TOS.

I suggest you look into direct consular filing (DCF). It's generally faster than the CR-1 & you'll probably be eligible having lived thus far in the UK.

[canadian_wife 1,791]

Coming over on the VWP with intent to immigrate is visa fraud.

If his AOS is denied, there is no appeal

Do you really want to run this risk? If it was my future (and at one point it was) I wouldn't do anything to jeopardize it

Good luck

[weliveyoung 0]

Thanks for all your help. We've decided to go with the CR-1 option, we're very lucky to have found all this out before booking our flights.