Best scenario for I-130/485...

[AndiD29]

My husband and I are trying to decide the best way to file the I-130/485/etc.. and any help/suggestions would be greatly appreciated. I've been reading so much and have seen so much conflicting information that I don't feel confident making a decision without some guidance.
A bit of backstory...
Im a USC, he's a UKC. We're expecting a baby at the end of Jan, so would ideally like him to be here and settled by then but I realize that's probably just wishful thinking.

As I understand it, we have two options (if Im wrong or missing something please correct me!):
File now and hope things move quickly and that border patrol allows him in at the end of Jan for the baby... (I've read he would be able to enter the US with pending papers and I've also read that he would not)
Or, wait for him to come over in December and file then...

What would be the pros/cons of each situation? Would he be allowed to travel either way?
Im starting to feel a bit overwhelmed by all of the info Im reading so any help would be great!

[Glorias]

I think he can get fiancé visa first and file all the paper work while he is in the US with you? Fiancé visa valid for 3 months. You won't get approval within 3 months, but as long as he doesn't have travel plans, he can stay even the fiancé visa is expired. This is probably the safest way and also allows him to be here when the baby is due. You can check up details on USCIS website.

[azblk]

I think he can get fiancé visa first and file all the paper work while he is in the US with you? Fiancé visa valid for 3 months. You won't get approval within 3 months, but as long as he doesn't have travel plans, he can stay even the fiancé visa is expired. This is probably the safest way and also allows him to be here when the baby is due. You can check up details on USCIS website.

They are already married so he can not get a fiancee visa

[azblk]

My husband and I are trying to decide the best way to file the I-130/485/etc.. and any help/suggestions would be greatly appreciated. I've been reading so much and have seen so much conflicting information that I don't feel confident making a decision without some guidance.
A bit of backstory...
Im a USC, he's a UKC. We're expecting a baby at the end of Jan, so would ideally like him to be here and settled by then but I realize that's probably just wishful thinking.

As I understand it, we have two options (if Im wrong or missing something please correct me!):
File now and hope things move quickly and that border patrol allows him in at the end of Jan for the baby... (I've read he would be able to enter the US with pending papers and I've also read that he would not)
Or, wait for him to come over in December and file then...

What would be the pros/cons of each situation? Would he be allowed to travel either way?
Im starting to feel a bit overwhelmed by all of the info Im reading so any help would be great!

Since your husband is presently out of the country and he has decided to move here, you may have problems with intent if you wait for him to come over in December and file. One can enter the US with pending papers if he can convince CBP that the visit is temporary and they intend to complete the process in their home country.

[Dlucan]

My husband and I are trying to decide the best way to file the I-130/485/etc.. and any help/suggestions would be greatly appreciated. I've been reading so much and have seen so much conflicting information that I don't feel confident making a decision without some guidance.
A bit of backstory...
Im a USC, he's a UKC. We're expecting a baby at the end of Jan, so would ideally like him to be here and settled by then but I realize that's probably just wishful thinking.

As I understand it, we have two options (if Im wrong or missing something please correct me!):
File now and hope things move quickly and that border patrol allows him in at the end of Jan for the baby... (I've read he would be able to enter the US with pending papers and I've also read that he would not)
Or, wait for him to come over in December and file then...

What would be the pros/cons of each situation? Would he be allowed to travel either way?
Im starting to feel a bit overwhelmed by all of the info Im reading so any help would be great!

My understanding is that as long as he entered the country legally, without the intention of getting married, he is fine. I highly doubt any CBP officer is going to deny him entry if he is here for the birth of your first child. I believe he can even say that he intends to speak to an immigration lawyer to do all things legally while he visits.Your best bet would be to have him book a return ticket, and when he gets here, go see an immigration lawyer. Any good one will give you advice on how best to proceed without you having to commit with going through their office to file. That what i did. I ended up going through my lawyer because it was less stress for me. It was a quick appointment with a small fee (50$) which would be counted towards my payment if i decided to go through them.
If he has the intention of leaving (booked ticket) and the lawyer advices him to just stay, there is nothing that can be held against him. Just make sure you are prepared for a long wait on the process once filed.
Seeking legal advice now is also another option.

This my opinion and understanding of information through uscis and my lawyer, not legal binding advice.

[AndiD29]

I've read about one more option... applying for the I-130 and then applying for the DS-260 for a CR1 visa...
Is this a viable option? Would he be able to stay after getting an approved I-130 and wait for the CR1?
Our biggest concern, after him being present for the birth, is him being able to work as soon as possible. Whichever route will help him to do that (work asap) would be best for us.
Thank you all again for your quick responses!

- - - Updated - - -

My understanding is that as long as he entered the country legally, without the intention of getting married, he is fine. I highly doubt any CBP officer is going to deny him entry if he is here for the birth of your first child. I believe he can even say that he intends to speak to an immigration lawyer to do all things legally while he visits.Your best bet would be to have him book a return ticket, and when he gets here, go see an immigration lawyer. Any good one will give you advice on how best to proceed without you having to commit with going through their office to file. That what i did. I ended up going through my lawyer because it was less stress for me. It was a quick appointment with a small fee (50$) which would be counted towards my payment if i decided to go through them.
If he has the intention of leaving (booked ticket) and the lawyer advices him to just stay, there is nothing that can be held against him. Just make sure you are prepared for a long wait on the process once filed.
Seeking legal advice now is also another option.

This my opinion and understanding of information through uscis and my lawyer, not legal binding advice.

I think we are going to have to speak to someone when he gets here, good advice, thanks!

[pmf123]

What method was he going to enter the USA in January?

Just visit using 90 day visa waiver / ESTA in January.

Go home after and apply for the new visa.

You can't adjust status from the waiver at all.

Is I130 / K3 not an option?

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

[newacct]

You can't adjust status from the waiver at all.

Not true. An Immediate Relative (spouse, unmarried under-21 child, or parent of US citizen) can absolutely do Adjustment of Status after entering as a Visa Waiver Program visitor.

Is I130 / K3 not an option?

K-3 is obsolete and basically can never be gotten. They would get an immigrant visa directly first.

[AndiD29]

What method was he going to enter the USA in January?

Just visit using 90 day visa waiver / ESTA in January.

Go home after and apply for the new visa.

You can't adjust status from the waiver at all.

Is I130 / K3 not an option?

https://www.uscis.gov/family/family-...mmigrant-visas

While he could easily enter with his ESTA, he has to work so he couldnt stay here for more than a week or so before he has to return to work. Thats why Im trying to figure out which route would get him working, here, faster.

[azblk]

While he could easily enter with his ESTA, he has to work so he couldnt stay here for more than a week or so before he has to return to work. Thats why Im trying to figure out which route would get him working, here, faster.

Its the USCIS you are dealing with. There is no fast route. Every case is unique but it will be minimum of 3 months before he gets an employment authorization if he files in the states. If you go the consular route it will be at least a year but he can continue to work in home country while waiting.

[Dlucan]

While he could easily enter with his ESTA, he has to work so he couldnt stay here for more than a week or so before he has to return to work. Thats why Im trying to figure out which route would get him working, here, faster.

What does he do for work? If working is incredibly important, there is the possibility of him seeking a job and getting a work visa supported through a us company and job offer. This is way more likely based on higher education or specialty in his work type. If this is feasible, i would check it out right away.
I have also seen a possibility of expediting a work permit based on financial hardship if there is no work (which i believe would be obvious because you two will have a child to care for).
Last option would be a remote job, based in the uk, that he could do from the us, as he will still be a uk citizen..

[pmf123]

Not true. An Immediate Relative (spouse, unmarried under-21 child, or parent of US citizen) can absolutely do Adjustment of Status after entering as a Visa Waiver Program visitor..

When did that change, it certainly wasn't in place a short while ago.

[newacct]

When did that change, it certainly wasn't in place a short while ago.

It didn't change. It has been like that for a long time.

[azblk]

When did that change, it certainly wasn't in place a short while ago.

It has always been like that.

[AndiD29]

Its the USCIS you are dealing with. There is no fast route. Every case is unique but it will be minimum of 3 months before he gets an employment authorization if he files in the states. If you go the consular route it will be at least a year but he can continue to work in home country while waiting.

Haha, yeah... should have said "relatively fast"