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Topic: Green Card - Adjustment of Status vs. Consular Processing  (Read 219 times)

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Green Card - Adjustment of Status vs. Consular Processing
« on: September 21, 2014, 08:47:38 PM »
Hello -

I am a US citizen with a British husband.  Though we previously lived together in the UK, I currently live in the US while he lives in the UK (for work reasons).  We are now looking for him to get his Green Card. He is available to move here as early as this December.

I am trying to decide which would be the better, quicker option. 

1) For my husband to come here on the visa waiver program (as a visitor) in December, and then we immediately file the I-130 and Adjustment of Status at the same time (concurrent filing); or

2) For me to very soon file the I-130 via the Chicago Lockbox for consular processing in London.  My husband would still come here in December on the visa waiver program but when the time came for his interview, etc., he would fly back to London.

Thanks in advance. 
3 Dec 11 - Engaged in Provence
8 Jul 12 - Married in Glasgow
1 Mar 13 - Spousal Visa Application Submitted Online
6 Mar 13 - Biometrics Taken
8 Mar 13 - Application Mailed to UK Consulate in NYC - Priority Settlement Service
12 Mar 13 - Application Received in NYC (via UPS tracking)
15 Mar 13 - Application Received in Sheffield and Being Processed
18 Mar 13 - A Decision Has Been Made
20 Mar 13 - Visa Received!!!


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Re: Green Card - Adjustment of Status vs. Consular Processing
« Reply #1 on: September 21, 2014, 09:29:24 PM »
You cannot switch from visa waiver to I-130. The visa waiver is not for permanent settlement, if you attempt to enter with the intention of settling permanently you must have the appropriate visa -- a K-3 or IR-1/CR-1. If you don't, you face A: being bounced at the border or B: having the visa you file for denied (it takes much longer than 90 days, by which point he will also have accrued an overstay you'll have to deal with.)

The only way to enter on VWP and remain is if you enter, then get married in the US -- and you'll be called to answer about your "spur of the moment" plans.



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