UK spouse visiting the US for work meetings while waiting for green card approval

TheRedCat

New Member
Hi, my fiance and I apparently have a somewhat complicated immigration situation, and we're having trouble finding relevant information as a result. We will get an attorney if we need to, but we were going to avoid it if possible. I'm hoping someone here might have enough info to send us in the right direction.

I am a US citizen, my fiance is a UK citizen. Our current plan is to get married in the UK in a couple months (already filed for a UK Marriage Visit Visa) and then file for a green card in the US. He is a web development consultant and regularly travels to US (using the Visa Waiver Program) for several weeks at a time to meet with a major client here. We met while he was here for work meetings, and are trying to navigate the immigration process without impacting his job.

We are trying to figure out how difficult it will be for him to travel back and forth to the US for his normal meetings during the green card processing time. His client is in the process of implementing a major upgrade and his current schedule has him in the US for several weeks and then back to the UK for several weeks, on repeat for the next year or so.

He has relatively young kids in the UK, rents an apartment with a friend, and owns a car there. His business is registered in the UK but his work is mobile and he doesn't have a physical office address.

Long story short,

What's the likelihood of him being denied entry to the US for work meetings while his green card is pending? What do we need to do to reduce the likelihood of him being denied entry?

Is there a better way for us to handle this than what we're currently planning?

Any advice would be greatly appreciated. I know everyone in this process is trying to avoid being separated for long periods of time, but I can visit my fiance in the UK if necessary. Him losing this client would be a much bigger problem than just us being separated.

Thank you!
 
Once you are married, filing his i130 petition to initiate the green card processing makes him an intending immigrant. Each entry on the VWP is at CBP's discretion to begin with, but a pending i130 petition adds another hurdle to VWP entry. He would have to convince the CBP of his ties to the UK by carrying strong evidence every time he seeks to enter the US.

His previous short US trips and return to the UK is a positive, but no admission is ever guaranteed for non-US citizens. CBP is the sole determinant of who enters the US. Unfortunately, there is no 'better way' that I can think of.

Additionally, his mobile work status could come up at any US entry and he always needs to ensure he is not 'working' in the US on the VWP.
 
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