Visa Seperation

Go Back   Expat Forum For People Moving Overseas And Living Abroad > Americas > USA Expat Forum for Expats Living in the USA

USA Expat Forum for Expats Living in the USA The USA Expats forum is dedicated those individuals that have chosen to make the USA their new home. This forum is an ideal place for Expats now living in the United States to meet and discuss all aspects of their new way of life.

Like Tree4Likes

Visa Seperation


Reply
 
Subscribe to this Thread Thread Tools
  #1 (permalink)  
Old 26th August 2020, 09:32 PM
Member
 
Join Date: Feb 2013
Location: UK
Posts: 62
Rep Power: 0
ktpepp is on a distinguished road
12 likes received
14 likes given

Users Flag! Originally from usa. Users Flag! Expat in uk.
Default Visa Seperation

Hello all,
I am a US Citizen living in England with my British husband and our 3 year old, who has dual citizenship in the UK and US.
We are looking to move to the US and need advice on which visa route my husband should take. I will have a job as soon as we arrive in the US and I have a family member that can be my co-sponsor for form I-864, as I won't quite reach the earning criteria.We don't have a lot of time on our side, so if anyone has advice on which visa route would be best.
We have been told to apply for the I-130 from here in the UK and then once that is approved me and our daughter should go to the states and be separated from my husband for however long it takes for his I-485 to be approved. We aren't really comfortable with this route as it will already be difficult enough on our daughter with the move.
Is it possible, as it states on the USCIS website, to already be in the states together as a family, him entering on the visa waiver system with us, and applying for I-130 and 1-485 at the same time? Obviously if any other visas need to be applied for while he is waiting we will, such as temporary work visas, etc.
Any and all advice will be much appreciated.

Reply With Quote Quick reply to this message
  #2 (permalink)  
Old 26th August 2020, 10:19 PM
Member
 
Join Date: Feb 2017
Location: Oz
Posts: 676
Rep Power: 0
Moulard is on a distinguished road
93 likes received
17 likes given

Users Flag! Originally from usa. Users Flag! Expat in australia.
Default

From the USCIS...

Quote:
If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancÚ(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of the visa.

However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you will be required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancÚ(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the United States either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the United States. If the immigration inspector is not convinced that you are a genuine visitor for pleasure, you will be denied entry into the country.
There is clearly risk in this approach, as there may be a perception that your spouse intends to stay in the US beyond visa requirement, as he will have stronger connection to the US through you and your child. So a job, home (mortage/rent), letter from his employer stating he is expected back etc... would all be strongly advised.

Its worth noting that while ordinarily all the processing of the petition is done in the US (the cause of most of the delay in processing), the USCIS may authorize the Department of State (ie. the local consulate) to adjudicate their case in certain emergency situations.

one of those grounds is:

Quote:
A U.S. citizen petitioner, living and working abroad, receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.
There will still be a separation, but shorter.

Reply With Quote Quick reply to this message
  #3 (permalink)  
Old 26th August 2020, 10:53 PM
Member
 
Join Date: Jan 2011
Location: USA
Posts: 6,605
Rep Power: 693
Crawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond repute
849 likes received
18 likes given

Users Flag! Originally from uk. Users Flag! Expat in usa.
Default

Entering the US under the Visa Waiver Program with the intention of then applying for permanent residency is fraud, and if the application is refused your husband will be deported and not able to use the Visa Waiver program again. With a first refusal any future applications will be heavily scrutinised.

Consequently, this route is not recommended.

You must apply for the I-130 while in the UK and wait for the process to be completed. Currently it could take up to a year.

YOU can move over when you like, or you stay in the UK and travel over together.

Looking at your old posts, did you not get your ILR visa?

__________________
I am not a regulated immigration advisor and am only providing my own personal views and opinions. This should not be relied upon as advice.

Last edited by Crawford; 26th August 2020 at 10:58 PM.
Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 27th August 2020, 12:23 AM
Member
 
Join Date: Feb 2017
Location: Oz
Posts: 676
Rep Power: 0
Moulard is on a distinguished road
93 likes received
17 likes given

Users Flag! Originally from usa. Users Flag! Expat in australia.
Default

Its strange isn't it...

A fiance can easily enter the US and then apply for a change of status to await the outcome of the I-130 petition, so long as they marry within 90 days, but they make it hard for a spouse to do the same.

But I agree with Crawford, the way not to do it is apply for a tourist visa and then make the I-130 petition onshore.

Applying for an Visa, after the I-130 petition will, as I posted above may be difficult, as your spouse will have to demonstrate that there is no intention to abandon his UK residence. Which can be difficult if the rest of the family is in the US.

If the job in the US is with a company that is related to the one you work for in the UK, then the expedited process I mention will reduce separation - still can take 6 months I gather.

Reply With Quote Quick reply to this message
  #5 (permalink)  
Old 27th August 2020, 12:45 AM
Member
 
Join Date: Feb 2013
Location: UK
Posts: 62
Rep Power: 0
ktpepp is on a distinguished road
12 likes received
14 likes given

Users Flag! Originally from usa. Users Flag! Expat in uk.
Default

Moulard,
Thank you so much for your reply. The information you have given is so helpful.

Do you think it might be a shorter seperation time if my daughter and I went to the states as soon as possible and I submit the forms I-130 and I-129F at the same time? That way my husband can enter on the K-3 Visa and then apply for his green card anytime after that?

I am just trying to look into every option that makes this move easiest on our daughter.

Thank you

Reply With Quote Quick reply to this message
  #6 (permalink)  
Old 27th August 2020, 12:49 AM
Member
 
Join Date: Jan 2011
Location: USA
Posts: 6,605
Rep Power: 693
Crawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond repute
849 likes received
18 likes given

Users Flag! Originally from uk. Users Flag! Expat in usa.
Default

Quote:
Originally Posted by ktpepp View Post
Moulard,
Thank you so much for your reply. The information you have given is so helpful.

Do you think it might be a shorter seperation time if my daughter and I went to the states as soon as possible and I submit the forms I-130 and I-129F at the same time? That way my husband can enter on the K-3 Visa and then apply for his green card anytime after that?

I am just trying to look into every option that makes this move easiest on our daughter.

Thank you
The K-3 is obsolete .....

There is no shorter route - you submit the I-130 for the petition and then when that is approved you move onto the I-864 support forms etc.

Why are you talking about an I-129F form? That is for a fiance application and you are married ??

__________________
I am not a regulated immigration advisor and am only providing my own personal views and opinions. This should not be relied upon as advice.
Reply With Quote Quick reply to this message
  #7 (permalink)  
Old 27th August 2020, 12:54 AM
Member
 
Join Date: Jan 2011
Location: USA
Posts: 6,605
Rep Power: 693
Crawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond reputeCrawford has a reputation beyond repute
849 likes received
18 likes given

Users Flag! Originally from uk. Users Flag! Expat in usa.
Default

Quote:
Originally Posted by Moulard View Post
Its strange isn't it...

A fiance can easily enter the US and then apply for a change of status to await the outcome of the I-130 petition, so long as they marry within 90 days, but they make it hard for a spouse to do the same.

But I agree with Crawford, the way not to do it is apply for a tourist visa and then make the I-130 petition onshore.

Applying for an Visa, after the I-130 petition will, as I posted above may be difficult, as your spouse will have to demonstrate that there is no intention to abandon his UK residence. Which can be difficult if the rest of the family is in the US.

If the job in the US is with a company that is related to the one you work for in the UK, then the expedited process I mention will reduce separation - still can take 6 months I gather.
To apply for a fiance visa is no shorter than applying for a spouse one - AND you then have to go through the process of adjusting status, all of which takes time and expense. During the AOS the applicant cannot work for most of the time

__________________
I am not a regulated immigration advisor and am only providing my own personal views and opinions. This should not be relied upon as advice.
Reply With Quote Quick reply to this message
  #8 (permalink)  
Old 27th August 2020, 12:59 AM
Member
 
Join Date: Feb 2013
Location: UK
Posts: 62
Rep Power: 0
ktpepp is on a distinguished road
12 likes received
14 likes given

Users Flag! Originally from usa. Users Flag! Expat in uk.
Default

Sorry I did not see your replies, Crawford and Moulard, as I was writing mine above.

Crawford, No, I did not get my ILR. We were put on the 10 year route so it is 5 more years until that happens.
You said I could remain here in UK until I-130 is approved and then travel together? Or do we need another visa approved first before we can travel together?

Moulard, my job in the US is not related to the one I held here, so that would not be an option for me unfortunately.

Thanks again for all of your help.

Reply With Quote Quick reply to this message
  #9 (permalink)  
Old 27th August 2020, 01:01 AM
Member
 
Join Date: Feb 2013
Location: UK
Posts: 62
Rep Power: 0
ktpepp is on a distinguished road
12 likes received
14 likes given

Users Flag! Originally from usa. Users Flag! Expat in uk.
Default

Quote:
Originally Posted by Crawford View Post
The K-3 is obsolete .....

There is no shorter route - you submit the I-130 for the petition and then when that is approved you move onto the I-864 support forms etc.

Why are you talking about an I-129F form? That is for a fiance application and you are married ??
I understood it was for Spouses as well, but if it is obsolete then no worries. Thank you

Reply With Quote Quick reply to this message
  #10 (permalink)  
Old 27th August 2020, 01:06 AM
Member
 
Join Date: Feb 2013
Location: UK
Posts: 62
Rep Power: 0
ktpepp is on a distinguished road
12 likes received
14 likes given

Users Flag! Originally from usa. Users Flag! Expat in uk.
Default

Quote:
Originally Posted by Crawford View Post
The K-3 is obsolete .....

There is no shorter route - you submit the I-130 for the petition and then when that is approved you move onto the I-864 support forms etc.

Why are you talking about an I-129F form? That is for a fiance application and you are married ??
Crawford, do I need to be in the US before I submit the I-864 forms? To show that I am working? Or can I do that from here and have my family member in the US fill out their's as well. Since I will not be earning enough, my family member will be co-sponsor.

Thanks for all info again.

Reply With Quote Quick reply to this message
Reply


Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the Expat Forum For People Moving Overseas And Living Abroad forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:
Location
Where you live
Expat From Country
Please select the country you originate from. This will appear as a flag when you make posts on the site.
Expat To Country
Please select the country you have either moved to or want to relocate to. This will be presented on the site when you make posts.

Log-in


Thread Tools

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


FORUM PARTNERS

ExpatForum.com is owned and operated by VerticalScope Inc.

Retiring Overseas Guides | Moving Overseas Guides | Cost of Living | Health Care Guides


All times are GMT. The time now is 03:29 AM.


Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.