Married without a K1 in the US ... now what?

[PDR247]

Hi all,

K1 was not issued in time for wedding date. Hubby is from the UK. We went ahead with the ceremony due to the cost of rescheduling etc.

Now we do not qualify for the K1 visa which has not been issued yet nor has by Husband received any information for interview etc. He entered the country on a visa-waiver legally and is due to go back to the UK shortly.

My question are...

I believe the I-130 is the form I need to file. Should I file the Affidavit of Support I-184 along with the 1-130 or wait for it to be requested?

Can I file a change of status along with the I-130 to keep him in the country during the process?

If he can't stay... will he be able to enter the US with a visa waiver? I would hate for us do be separated for months on end .... waiting.

[osweiti50]

For your questions you have 2 options (Assuming you are a US Citizen) as follows:

1) You can file I-130 & I-485 simultaneously while your husband can go and come back to the US until his LPR/Green Card is approved. With this if his application is not approved within 180 days from the date of the application received by the USCIS then he will entitled for EAD (Employment Authorization Document) which will allow him to work in the US. Being Immediate Relative Category-I usually his Green Card (Spousal Based, IR-1 Category) will take like 1 year to get approved by the USCIS.
2) second option, your husband can go back to UK and you will file I-130 only (consular Processing Path), once this I-130 is approved by USCIS, it will send it to the NVC (National Visa Center), the NVC will process it and, will assign this application a "Case Number",will ask you to pay the fee, will ask you to send the Affidavit of support (I-864) along with DS-230 form...etc. Once the NVC completes its part it will inform you and will send this application to Embassy in London for the "Interview". The Embassy will post you and assign appointment date for the Immigration Visa Interview. All will take like one year long.