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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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My husband is a British citizen and I am an American

Customer Question

My husband is a British citizen and I am an American citizen. We live in the UK and have 3 children who all have dual citizenship. I have been offered a great job in California but it starts straight away. My children and I will have no issue moving immediately but my husband will as he is not American. What is the quickest way to get him over? He has a 10 year visitor visa already, but obviously its limited to 6 month visits. Is it possible for him to enter and adjust his status? Can he still travel to the UK during this time? Thanks, Jackie
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Expert James replied 3 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

ANSWER: It is possible for him to come to theUS and adjust his status later, but entering the US with a visitor visa, intending to adjust one's status to permanent resident, is a violation of immigration law as visa fraud. The visitor visa requires the person to have non-immigrant intent when entering the US. If he has immigrant intent, then technically he does not qualify.

Many people come, and then later change their minds. Usually, they are safe to apply for adjustment of status after 60 days; I tell my clients to wait at least 90 days if they've changed their minds and want to stay.

Otherwise, he would have to go through the marriage-based immigration process, which can take anywhere from 9 to 12 months. Of course, those are averages - nobody can predict exactly how long it will take due to delays in processing or requests for more evidence, etc; it can take less time, and rarely takes more time. If he has a valid B2 visa, he technically is eligible to travel to the US as a visitor while the marriage-based immigrant visa is processing. But it will be a challenge to convince a border officer that he has the requisite non-immigrant intent with the visitor visa if he is going through the immigrant process.

I hope that answers your questions. Please remember that I do not get credit for doing my job unless you give me a positive rating of 3, 4 or 5 stars or any of the smiling faces. So please do that for me. You can still ask more questions even after giving a rating.

Thank you!

Expert:  Expert James replied 3 months ago.

Hi, I’m just checking in to see how things are going.

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