I am a British citizen looking to move temorarily (15 months) to the US with my US citizen wife? How?

Question

I am a British citizen of UK birth with British parents.
I am currently residing with my (new) wife in New Zealand.
My wife is Stephanie Regan, who is a US citizen.
Stephanie is returning to the US to go back toi school to train to be a teacher, I would much like to go with her and live during this 15 month period in the US (Portland, OR) and work (as obviously I will need to support myself - and her possibly).

We have come accross many barriers to this happening in terms of visas and forms to fill out etc.
We are currently compiling a I-130 petition to let me enter as a Spouse, but understand this may take a long time to process (12+ months!?). We are planning to head back to the US in May (2007) so tyime is of the essence.

What can we do?
How can I get into the country and not have to leave within 3/6 months?
How can I work?
Will I be refused entry to the US if I don't have an onward flight and the process isn't completed?
I have been told I will be refused if the imm

Answer 1

You are right that the I-130 process is lengthy. However, once the I-130 gets approved, and you get your immigrant visa, you will be able to enter the United States and work permanently. These days the immigration process does take time, but there may be some other options, such as if your wife files a K3 visa for you once she comes in May. However, the K3 process can also be lengthy but often is shorter than the immigrant visa route.

The other option is for you to come in on a Visa Waiver Program. However, you would only be able to enter for 90 days and would not be authorized to work.

You should probably contact an immigration lawyer to discuss your options.

Answer 2

I don’t know if this will help you but, I came to the USA from England on a 6 month visa remember you can extend it for 6 month while here. Have you been to the US embassy were you are if not get an appointment they can help you better in person than on the phone, I started the prose’s of getting my permanent residency card a few weeks after we married it took about 10 to 11 months and a few dollars, it also took 3 month for a work permit. I could not start this in the UK as we were not married.

Don't trust info you get on the phone from USCIS unless you get put through to am immigration officer, we have been miss lead a few times and told a different thing when we have visited there offices in Denver.

Best of luck

Ian

[e-mail]
www.jewellenterprises.net

Answer 3

You may indeed be refused entry.
Regardless of marriage, a nonimmigrant is a foreign national seeking to enter the United States (U.S.) temporarily for a specific purpose. Nonimmigrants enter the U.S. for a temporary period of time, and once in the U.S. are restricted to the activity or reason for which their visa was issued. They may have more than one type of nonimmigrant visa but are admitted in only one status.

General requirements for foreign nationals seeking temporary admission include, but are not limited to, the following:

The purpose of the visit must be temporary;
The foreign national must agree to depart at the end of his/her authorized stay or extension;
The foreign national must be in possession of a valid passport;
A foreign residence must be maintained by the foreign national, in most instances;
The foreign national may be required to show proof of financial support;
The foreign national must be admissable or have obtained a waiver for any ground of inadmissability;
The foreign national must abide by the terms and conditions of admission.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

You can legally visit the US but I'm thinking that the main issue that US immigration officers will have is whether you will leave the US at the end of your visit. Once they know that your spouse will be living here they may question the fact that you will leave. There are alot of factors here.

The fact that you do have an I -130 filed (or will by the time you attempt to enter the US), they will probably have that information in their computers so they will be aware that your ultimate goal will be to reside in the US. This will be a red flag.

I would suggest that you talk directly with immigration to inquire. I believe that this number will put you in touch with someone who might be able to answer your question;
USCIS National Customer Service Center: 1-800-375-5283