lil' pixie
Registered Users (C)
If my husband goes to the states on the visa waiver program, can he file for an AOS during the 90 days there?
Thanks
lil' pixie
Thanks
lil' pixie
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AOS on VWP??
- Thread starter lil' pixie
- Start date
lil' pixie
Registered Users (C)
can you explain
Hiya... thanks for replying....
Can you explain more about AOS on visa waiver for immediate relatives of USC??
I am a USC married to British Citizen... I have kids in the states and we want to be closer to them so when we go for holiday, I just know I am not going to want to leave them again...
If I have to come back then so be it but I would rather be able to stay and just have my husband file for AOS...
If this is at all possible, can you give me more info on what we should do when we get there and what papers we need?
This whole immigration thing is tricky and I don't want to mess anything up.
Thanks
lil' pixie
Hiya... thanks for replying....
Can you explain more about AOS on visa waiver for immediate relatives of USC??
I am a USC married to British Citizen... I have kids in the states and we want to be closer to them so when we go for holiday, I just know I am not going to want to leave them again...
If I have to come back then so be it but I would rather be able to stay and just have my husband file for AOS...
If this is at all possible, can you give me more info on what we should do when we get there and what papers we need?
This whole immigration thing is tricky and I don't want to mess anything up.
Thanks
lil' pixie
Talk to an attorney.
If you are both in the UK at this time, you might be eligible to do something called 'direct consular filing'. It means that the entire process for your husbands green-card is done at the local consulate. Friends of mine in europe got the GC for their spouse in 6 weeks that way. If you are married for >2 years he will get the permanent residency right away (as opposed to the 2 year temporary thing they usually give in spousal cases)
As an alternative you could file the I130 and apply for a K3 visa. This would allow him to come to the US legally and adjust.
I am sure there are people here that know more about family immigration. But traveling here on VWP and applying for AOS sounds like a recipe for trouble, especially if you guys are already married. (the goverment will have an easy case of saying that your husband didn't intend to come for 'pleasure' or 'business' but rather to immigrate which would be clear violation of the VWP program. It is different if someone comes here on VWP, finds the love of their life and gets married while traveling.)
If I understand you correctly, you actually don't intend to stay in the US for good. You are aware that your husband will have to file a US tax return every year (and at times pay US taxes) if he becomes a permanent resident ?
If you are both in the UK at this time, you might be eligible to do something called 'direct consular filing'. It means that the entire process for your husbands green-card is done at the local consulate. Friends of mine in europe got the GC for their spouse in 6 weeks that way. If you are married for >2 years he will get the permanent residency right away (as opposed to the 2 year temporary thing they usually give in spousal cases)
As an alternative you could file the I130 and apply for a K3 visa. This would allow him to come to the US legally and adjust.
I am sure there are people here that know more about family immigration. But traveling here on VWP and applying for AOS sounds like a recipe for trouble, especially if you guys are already married. (the goverment will have an easy case of saying that your husband didn't intend to come for 'pleasure' or 'business' but rather to immigrate which would be clear violation of the VWP program. It is different if someone comes here on VWP, finds the love of their life and gets married while traveling.)
If I understand you correctly, you actually don't intend to stay in the US for good. You are aware that your husband will have to file a US tax return every year (and at times pay US taxes) if he becomes a permanent resident ?
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lil' pixie
Registered Users (C)
Thank you
You are right when you say we are not planning on staying.... Just going for holiday. I think that I will wait till after the holiday and do DCF, that way there is no mess-ups...
I know he will have to file tax returns but that is no problem because he will get a job I am sure... He has a masters in Computer Science!!
Thanks again for replying and for the info...
lil' pixie
You are right when you say we are not planning on staying.... Just going for holiday. I think that I will wait till after the holiday and do DCF, that way there is no mess-ups...
I know he will have to file tax returns but that is no problem because he will get a job I am sure... He has a masters in Computer Science!!
Thanks again for replying and for the info...
lil' pixie
> Just going for holiday. I think that I will wait till after the holiday and
> do DCF, that way there is no mess-ups...
As you are a citizen, you want to be careful with your husband traveling on VWP and B1/2 visas. The goverment considers marriage to a citizen to be 'immigration intent', hence making him ineligible for both of these visas.
> I know he will have to file tax returns but that is no problem because
> he will get a job I am sure... He has a masters in Computer Science!!
Well, CS jobs are hard to come by in the US these days.
What I meant is that he will have to file a 1040 every year after his permanent residency is granted even if he lives in the UK for the entire year. I don't know about the details of the US/UK double taxation treaty, but he might be stuck paying US taxes on certain UK income. (the way most double taxation treaties are structured, you pay taxes only once, but in the place with the higher rate)
> do DCF, that way there is no mess-ups...
As you are a citizen, you want to be careful with your husband traveling on VWP and B1/2 visas. The goverment considers marriage to a citizen to be 'immigration intent', hence making him ineligible for both of these visas.
> I know he will have to file tax returns but that is no problem because
> he will get a job I am sure... He has a masters in Computer Science!!
Well, CS jobs are hard to come by in the US these days.
What I meant is that he will have to file a 1040 every year after his permanent residency is granted even if he lives in the UK for the entire year. I don't know about the details of the US/UK double taxation treaty, but he might be stuck paying US taxes on certain UK income. (the way most double taxation treaties are structured, you pay taxes only once, but in the place with the higher rate)
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lil' pixie
Registered Users (C)
Why is this so hard
Why has immigration to the states have to be so hard to deal with? Why was it when I came to the UK, it was so simple and I could stay and wait here in the Uk for my visa?
Which do you think would be simpler and most likely to be approved....
1) Applying I 130 from the UK doing DCF or...
2) Me going to the states and filing from over there and my husband staying in UK till it is approved...
????
Thanks
lil' pixie
Why has immigration to the states have to be so hard to deal with? Why was it when I came to the UK, it was so simple and I could stay and wait here in the Uk for my visa?
Which do you think would be simpler and most likely to be approved....
1) Applying I 130 from the UK doing DCF or...
2) Me going to the states and filing from over there and my husband staying in UK till it is approved...
????
Thanks
lil' pixie
> 1) Applying I 130 from the UK doing DCF or...
If you are both in the UK at this time and you both hold jobs there, DCF is pobably the way to go. I don't know how long it takes in the UK, but it should be done in a couple of months.
If you guys are legitimately married for a couple of years it is not a question of whether they will approve it, it is just a question of how long it takes.
> 2) Me going to the states and filing from over there and my
> husband staying in UK till it is approved...
Look in the 'transfers to MSC' thread and in the family based immigration forum for the timeframe you have to look at.
If you want to go
I130 --> consular processing
it should be less than a year
If you want to go with
I130 --> Adjustment of status
expect 2-3 years of agony.
Again: Talk to an immigration attorney. They cost $$ but the good ones are worth it.
If you are both in the UK at this time and you both hold jobs there, DCF is pobably the way to go. I don't know how long it takes in the UK, but it should be done in a couple of months.
If you guys are legitimately married for a couple of years it is not a question of whether they will approve it, it is just a question of how long it takes.
> 2) Me going to the states and filing from over there and my
> husband staying in UK till it is approved...
Look in the 'transfers to MSC' thread and in the family based immigration forum for the timeframe you have to look at.
If you want to go
I130 --> consular processing
it should be less than a year
If you want to go with
I130 --> Adjustment of status
expect 2-3 years of agony.
Again: Talk to an immigration attorney. They cost $$ but the good ones are worth it.
lil' pixie
Registered Users (C)
We have been married for 2 years as of October 10th, 2004 .... I hold a good job but my husband just does odd jobs now and then, is that gonna be a problem?
Thank
lil' pixie
Thank
lil' pixie
Actually, I don't think they care whether he works at all. I don't know whether you have to file an affidavit of support for marriage based cases, but if you have a job in the UK it shouldn't be a problem. Be sure that you file after the 2 year anniversary of your marriage. It allows him to get permanent residency right away without the at times ridiculous interview after two years. (my sister in law brought the two kids she had with her husband to the interview, they still went through the whole song and dance...)
hadron said:Actually, I don't think they care whether he works at all. I don't know whether you have to file an affidavit of support for marriage based cases, but if you have a job in the UK it shouldn't be a problem. Be sure that you file after the 2 year anniversary of your marriage. It allows him to get permanent residency right away without the at times ridiculous interview after two years. (my sister in law brought the two kids she had with her husband to the interview, they still went through the whole song and dance...)
As long as your income is sufficient (at least 125% of the poverty line) you should be ok on the Affidavit of Support (yes, they are required in family based filings).