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  • british married to a usa citizen 6yrs

    can somebody help me here i am a british citizen my husband is a born american who born and live in north carolina and work full time we been married 6yrs now but i have never file any document with the usa embasy..reason i wasnt intrested to live in the usa back then as my kids was going to university in london but now finish now i will be entering the usa on a visa waver passport what si the first step in me starting my filing also would i get the 2years conditional leave also will i be able to travel since i dont need a visa while my documents processed..we are still married and together..i dint change my name because my dad has 10 of us i am the only girl so i do not want my name to be chnge..can somebody help me please..

  • #2
    Originally posted by krissygay View Post
    can somebody help me here i am a british citizen my husband is a born american who born and live in north carolina and work full time we been married 6yrs now but i have never file any document with the usa embasy..reason i wasnt intrested to live in the usa back then as my kids was going to university in london but now finish now i will be entering the usa on a visa waver passport what si the first step in me starting my filing also would i get the 2years conditional leave also will i be able to travel since i dont need a visa while my documents processed..we are still married and together..i dint change my name because my dad has 10 of us i am the only girl so i do not want my name to be chnge..can somebody help me please..
    Were you married in the USA? Are you in the UK or USA now? How did you first come to the USA and marry your husband? You can't just come here on a VWP and expect to stay and adjust status. Even though USCIS are allowing that a little more now but you need to come here on the proper visa as VWP is non immigrant visa, You want to immigrate here so your husband needs to file a CR1 spousal visa for you to come here and stay. This allows you to enter and work right away and GC on arrival no adjusting needed.

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    • #3
      Bitish citizen

      thanks so much for ur answer but am not eally understand it all yes we get maried in usa in norfolk va we wee together 2ys befoe that i am in the uk now but i always travelled to the usa i was in university here also my son but i am done with university now so i have decided i will move to usa with him now i do have a bitish passpot as i am a british citizen when i enter usa i get 90 days in the country so i though maybe i could enter then stat the processed when i first enter the usa it was a visa waver as british citizen doesnt need visa so when i get maried i had left because i wasnt inytested in staying there and because my marriage is real it didnt matter for me to do any paper wok..so can u help me here please
      Last edited by krissygay; 05-02-2011, 09:40 AM.

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      • #4
        Originally posted by krissygay View Post
        thanks so much for ur answer but am not eally understand it all yes we get maried in usa in norfolk va we wee together 2ys befoe that i am in the uk now but i always travelled to the usa i was in university here also my son but i am done with university now so i have decided i will move to usa with him now i do have a bitish passpot as i am a british citizen when i enter usa i get 90 days in the country so i though maybe i could enter then stat the processed when i first enter the usa it was a visa waver as british citizen doesnt need visa so when i get maried i had left because i wasnt inytested in staying there and because my marriage is real it didnt matter for me to do any paper wok..so can u help me here please
        Ok so you married in USA and then went back to the UK for university? am I right so far. You were together 2 years before you married or after? If you did not apply for a green card after your marriage you can't go back to USA and just stay there. You can't visit on VWP as this is non immigrant visa and you intend to immigrate and stay with your husband.
        Your husband now needs to file a CR1 spousal visa for you to re-enter the USA legally. You will have an interview in UK and medical and then if approved you will receive visa with green card stamp till you receive hard copy one in USA. You will also be able to work upon entry into. the USA.

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        • #5
          Bitish citizen

          Originally posted by barbarajlw View Post
          Ok so you married in USA and then went back to the UK for university? am I right so far. You were together 2 years before you married or after? If you did not apply for a green card after your marriage you can't go back to USA and just stay there. You can't visit on VWP as this is non immigrant visa and you intend to immigrate and stay with your husband.
          Your husband now needs to file a CR1 spousal visa for you to re-enter the USA legally. You will have an interview in UK and medical and then if approved you will receive visa with green card stamp till you receive hard copy one in USA. You will also be able to work upon entry into. the USA.
          yes married in usa while on my vwp but never stay or overstay i come back to uk but keep tavelling back and forth to usa i enter legally and i left before the 90 days i have never been there illegal i have never file no documents at all 6yrs now but i spoke to some lawyer in nyc who say i should come in the usa apply fo my adjustment of status and get work permit and so in 3months but it is so complicate i dont know whee to start..since we been married for 6yrs does it mean i will still get the 2ys with conditional leave on was in university b4 marriage was together 2yrs b2 married but never live in usa normally back and foth so i enter legally and left b4 time and i still travelled back and forth now as i do not have any problem
          Last edited by krissygay; 05-02-2011, 10:30 AM.

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          • #6
            Your husband starts by filing an I-130 petition.

            Guides are here https://www.immihelp.com/family-base...on-procedures/ to show how the whole process works.

            You will get an IR1 visa and a 10 year greencard when you enter the US because you've been married for more than 2 years. The process could take 6-8 months.

            You will still be allowed to visit on visa waiver while you are waiting.

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