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Filed I-130 from UK - Now what Visa can i get to lawfully enter USA (B2?)

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  • Filed I-130 from UK - Now what Visa can i get to lawfully enter USA (B2?)

    Hi All,

    I am a UK Male citizen living in the UK with my USA citizen Wife. We've been here for over 1 year and Married in Phoenix, AZ, January 2016.

    My Wife (USA Citizen), Filed i-130 April 2017 and we have received the receipt notice number. Processing times predict it will be processed by December 2017, then handed to the UK London embassy for Bio-metrics, interviews etc. I expect this will take us to a year from now, maybe more.

    So This got me thinking. Can i apply for a Travel Visa (B2 or similar) to stay in the USA while my wife works, then file i-485 adjustment of status with i-765 Application for employment (for myself) over my existing i-130 receipt number, and just wait in the USA?

    I called the USCIS and the not so helpful helper said i can just write to Nebraska Services updating them with my new address in the USA, providing I've entered Legally. I've read that i cant do it on the Esta Visa Waiver.

    Any help would be greatly appreciated. My wife is a dental hygienist and the UK Dental council have rejected her application 4 times now. Enough is enough, we need to pack and move.

  • #2
    You will likely be denied entry to the US as a visitor (either B2 or VWP) or denied a visa if they suspect that you might do Adjustment of Status during your stay.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      You can use ESTA to travel as a tourist

      The travel plan you described is not consistent with that as a tourist

      There is a good chance you will be denied entry, or worse: you'll be admitted when adjusting status, you'll be found to have committed material misrepresentation when applying for admission

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      • #4
        Originally posted by inadmissible View Post
        when adjusting status, you'll be found to have committed material misrepresentation when applying for admission
        Only if he lied

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Sure, but if he tells the truth (ie the narrative in his original post) he'll likely be denied admission

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