CONFUSED: spousal visa ? or what

hm,  ok. heres the situation, as i have been pouring over your forum im now getting even more confused lol. My husband who is a UKC is here in the US on the VWP if we dont file the I-130 and the I-465 right away he will overstay his time. Is this correct? If he doesnt do either and just goes home late (3 months) or maybe less, (saving money for my spousal visa and plane tickets and o yeah, my daughters visa (tourist or as connected with mine) yet another question , i sincerely aplogize in advance for seeming so stupid but its stressing me to no end. Do we let him run over his time and I concentrate the money on my spousal visa to come to the UK or go the other way pay for the 2 above named things (i-130 and i-465) keep his time here legal.. im so confused... HELP!!!!!!!!!!!!!


becky

If you aren't planning on settling in the US permanently, go ahead and send DH back to the UK so he can get a job, find a place to live, etc.  Once he's settled, you can apply for your spousal visa either by post or in person if you live close to NYC, Chicago, or LA.

If you already have a place to live, sufficient savings, and a support system in the UK, you can apply for your spousal visa without sending your DH over here first.

dear lola,

we wanted to leave the US together and go back to the UK to live, we have permission to live with his parents in england and he will be searching for a job upon reentry back in his home town. So what your saying then if i am correct is he can return with me (which will make him late leaving the US) and all we will really need to apply for is the spouse visa? or did i misunderstand you completely lol.. so far you are a godsend <3

becky

Wait a minute...so you're saying that you got married while your husband was in the US on a visa waiver and now you want to file for him to stay in the US...but want to go back to the UK in the meantime?  Sorry, I'm just a little confused.  Anyway, you don't want to risk an overstay- that is very serious and could get him a 10-year ban from coming to the US.  Also, it's really hard to file I-130's etc after getting married while over as a visitor- you have to prove that he did not enter the country with the intent to get married.  If the immigration officers think you did it that way to avoid going through the K-1 fiancee visa process, they will deny your appplication.  As far as moving to the UK, that part is (relatively) easy and there are lots of people who have applied for UK spousal visas here.   Good luck!

Rose's questions are good -- what's your intention?  Do you want to settle in the US or the UK?

If you want to settle in the US, yes, you can apply for that BUT as Rose said, you're going to have to prove that you weren't intending to get married.  Otherwise, it appears that you were trying to "skip" the US fiance visa.

If you want to settle in the UK, you need to send your husband back BEFORE he overstays.  You can apply for your spousal visa before he leaves (assuming you have time left), but you'll need a letter from your DH's parents saying that you'll be staying with them and a copy of the their lease/mortgage.  You'll also need to provide evidence that you can support yourselves -- whether that's bank statements or again, a letter from DH's parents saying they'll help and copies of their bank statements.

Edit -- if you apply by post, that could take about two weeks -- during which your DH's visa SHOULD NOT expire.

Here's a link to my spousal visa application experience:

http://www.freewebs.com/richard_and_lola/ukspousalvisainfo.htm

lola,

so sorry to confuse you, yes he came over as a very close friend, no real intention of marrying at that time, it was truly a spontaneous decision on our part to do it. but he has been here almost his entire 3 months and we were never really sure of the details since it wasnt planned. We were told to to file the forms to keep him here in the US so not to overstay his time that he would truly be legal and then if and when we return to the UK to just file for an advance parole. This is probably where the confusion comes in. We are trying not to overstay his time but thought that the forms we were filling out were the right ones.

lola,

so sorry to confuse you, yes he came over as a very close friend, no real intention of marrying at that time, it was truly a spontaneous decision on our part to do it. but he has been here almost his entire 3 months and we were never really sure of the details since it wasnt planned. We were told to to file the forms to keep him here in the US so not to overstay his time that he would truly be legal and then if and when we return to the UK to just file for an advance parole. This is probably where the confusion comes in. We are trying not to overstay his time but thought that the forms we were filling out were the right ones.

Did you do any advance planning of the wedding at all? Booking a place?  Buying a ring, etc.?

If you're wanting to settle in the UK in the long-term, I would suggest just sending him back and applying for your spousal visa as soon as you can.  I think that'd just save you loads of time, hassle, and money in the long run.

nope no advance planning, we called the county clerks office to see if they had to have an appointment, none was needed , voila.. we were married in a matter of hours. i really dont want to spend any time away from him. But if we do as u suggest and he goes back ahead of me in time, then the only thing i would need to do would b fill out the spouse visa from the UK website or possibly go to NY by myself (since he would be there in the UK) he doesnt have to be there? If we do that does that sound about right?

No, he doesn't need to be with you when you apply and you don't have to apply in person if it's too far away.  The link above gives you a list of everything I took to my appointment, as a point of reference.  You can also go to www.britainusa.com

You will need your DH's passport or a certified copy of each page within it when you apply for your spousal visa.

Wait a minute...so you're saying that you got married while your husband was in the US on a visa waiver and now you want to file for him to stay in the US...but want to go back to the UK in the meantime?  Sorry, I'm just a little confused.  Anyway, you don't want to risk an overstay- that is very serious and could get him a 10-year ban from coming to the US.  Also, it's really hard to file I-130's etc after getting married while over as a visitor- you have to prove that he did not enter the country with the intent to get married.  If the immigration officers think you did it that way to avoid going through the K-1 fiancee visa process, they will deny your appplication.  As far as moving to the UK, that part is (relatively) easy and there are lots of people who have applied for UK spousal visas here.   Good luck!

So tell me something then, ive been posting on a USA Expats site and everyone on that site has gone through a smiller thing to one and another,  and there are many people that have gone through it for years and yearts and really know there stuff and i quote this from what someone has said from there and i believe it to be true from my other half ringing ther INS office to find out and they told her the same thing and here is what was said
'File an I-130 and I-485 (along with the supporting forms), an I-765 for a work permit (this can take up to 3 months to get, if he doesnt get it within those 3 months, he can walk into a USCIS office and get one on the spot), and an I-131 for Advance Parole if he wants to travel. This will take a bit to process as well, so if he needs to leave the country any time soon, get crackin asap! He should not leave the country after he files this stuff until he has an approved I-131, as if he leaves without it he is abandoning his application and would have to start all over again.'

i might sound a little shitty just woke up to all this bull sh*t that you say that i run the risk of getting banned from here for 10 years.
Thanks,

Kurt

If you're not planning on living in the US, I can't see the benefit of applying through the USCIS.  Bex can get her spousal visa in a matter of hours if you have your stuff together and apply in person.  Worst case scenario is that you go back to the UK and Bex follows in a couple of weeks.

What Rose said is true.  Overstaying is NOT a joke and filing the I-130 from within the US puts you under more scrutiny as the interviewing officer has to be fully convinced that you'd never even considered marrying each other before you entered the US.  Otherwise, it looks like you were trying to circumvent the system in order to avoid applying/paying for a fiance visa.

dear lola,

we wanted to leave the US together and go back to the UK to live, we have permission to live with his parents in england and he will be searching for a job upon reentry back in his home town. So what your saying then if i am correct is he can return with me (which will make him late leaving the US) and all we will really need to apply for is the spouse visa? or did i misunderstand you completely lol.. so far you are a godsend <3

becky

So tell me something then, ive been posting on a USA Expats site and everyone on that site has gone through a smiller thing to one and another, and there are many people that have gone through it for years and yearts and really know there stuff and i quote this from what someone has said from there and i believe it to be true from my other half ringing ther INS office to find out and they told her the same thing and here is what was said
'File an I-130 and I-485 (along with the supporting forms), an I-765 for a work permit (this can take up to 3 months to get, if he doesnt get it within those 3 months, he can walk into a USCIS office and get one on the spot), and an I-131 for Advance Parole if he wants to travel. This will take a bit to process as well, so if he needs to leave the country any time soon, get crackin asap! He should not leave the country after he files this stuff until he has an approved I-131, as if he leaves without it he is abandoning his application and would have to start all over again.'

i might sound a little sh*tty just woke up to all this bull sh*t that you say that i run the risk of getting banned from here for 10 years.
Thanks,

Kurt

If you're not going to live in the US, why spend the $400 - $500 filing all of thoes forms??  Save your $500 for the UK spousal visa.

 If you're going to stay in the US, get going on the paperwork NOW,  If he overstays and there isn't anything filed, he can get deported.

If you're not going to live in the US, why spend the $400 - $500 filing all of thoes forms??  Save your $500 for the UK spousal visa.

 If you're going to stay in the US, get going on the paperwork NOW,  If he overstays and there isn't anything filed, he can get deported.

Exactly.  And by the time the approval comes through, the two of you could've already been happily settled in the UK for several months.

I've just read that there's a daughter involved -- you'll need to get a visa for her to move to the UK as well, assuming she's a US citizen.

i might sound a little sh*tty just woke up to all this bull sh*t that you say that i run the risk of getting banned from here for 10 years.

Okay.  If you overstay your visa waiver and stay more than 90 days, your record will be flagged and you may get banned from anywhere from 3-10 years (depending on how long your overstay is).  That's not a joke.  The people who gave you advice on whatever other site are not wrong- if you want to live in the US, you can most certainly go ahead and file an I-130.  But please know that it's on you to convince US immigration that your marriage was a spontaneous thing and that you didn't come to the US planning to get married.  As you can imagine, that can be quite tough, and if you can't convince the immigration officers they will deny your petition and make you leave the US.  And if you're planning to move to the UK anyway, why even go through all this hassle?  Moving US-UK on a spousal visa is *so* much simpler (and faster!) than the other way around and you're in a good position to do just that.