Expert Advice When You Need It Most

Immigration for my wife

Long story short. I married a British woman in 2000. She was here on a visitor visa. We never sorted any immigration things out then. We went to the UK in Sept. 2001. I entered as a visitor. We decided to stay there for a while. Again we didnt do anything with immigration. I did get a 1yr work permit finally after being there for 3 yrs which was expired when it was issued, as it was issued from the date of entry! We had a child, who has both passports, We came back to USA in Feb 2007. My wife came in as a visitor, on the visa waver program. We then had another baby May 2007. Now I'm wondering what to do. We want to go back to UK for a visit in march, and were hoping to just file her paperwork now, with the view that it would be done before we wanted to travel. I've notived that now its taking 12-18 months to complete! Then it dawned on me that we might be able to just file the I-130 form, to have her come here. Can we file that now, from here, with the view of being in the UK when she gets approved? Does she have to then be "inspected" there, and what does that mean? Would this even work, as we would need her passport to travel there. Any advice would be greatly appreciated.

Save

Attorney answers (1)

Reputation Level 14
Frankly, you are VERY fortunate that the spouse is from the U.K., as this country and the United States are very flexible with one another...now with that said.....

Based upon the situation you describe in your narrative, you should file your I-130 [and other documents and proof, etc..] upon your RETURN from your visit to the U.K (..this assumes she does not want to remain in the U.K.). Let me explain: Your wife is being tracked by her 'A' number (..and/or her I-94 number..) which is her immigration identification number. If she files for permanent residency BEFORE she lives the country and then tries to return as a visitor, she will most likely be DENIED RE-ENTRY because she has a pending application for PERMANENT RESIDENCE in the United States. ( A B-1/B-2 tourist visa is a 'non-immigrant' status...which is technically what the waiver program is as well).

So, USCIS/ICE/Border & Customs will notice an application for permanent immigration to the United States in their computer that is pending when she tries to re-enter as a non-immigrant. And these are two very different KINDS of status' and your wife should not be granted the 'non-immigrant' status and thus be denied re-entry until she gets approval for her permanent residency.

If the wife can remain behind for a few months until the paperwork goes through in England, that's a better option. In the meantime, keep her in status here in the United States and fix this issue ASAP!

You are in Everett, find good counsel in your area.

I hope this helps.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now