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Old Jul 21st 2017, 3:01 pm   #16
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Default Re: Moving to the US:

The immediate relative visa through the USCIS stateside and then London is nearly the same length of time to obtain as the K-1 with the added advantage of immediate right to work when you enter the US on an approved relative visa in your passport. The downside for some couples is that instead of being apart and just being engaged, they are apart while married. Being realistic and rational, what difference does it make if you are engaged or married? You are still apart and can still visit one another while the process goes on, so IMHO, I would go the relative visa route.
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Old Jul 21st 2017, 3:02 pm   #17
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Default Re: Moving to the US:

My take on Ian's comment was you don't have to wait in the US.

There's nothing to stop the spouse from returning to the UK and continuing to work there while waiting for AOS/EAD.
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Old Jul 21st 2017, 3:04 pm   #18
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Default Re: Moving to the US:

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Originally Posted by chawkins99 View Post
My take on Ian's comment was you don't have to wait in the US.

There's nothing to stop the spouse from returning to the UK and continuing to work there while waiting for AOS/EAD.
Ian would never say that because to do so would mean that he had abandoned the petition for adjustment of status by leaving the US without an approved advance parole.
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Old Jul 21st 2017, 3:09 pm   #19
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Default Re: Moving to the US:

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Originally Posted by Rete View Post
Ian would never say that because to do so would mean that he had abandoned the petition for adjustment of status by leaving the US without an approved advance parole.
I did wonder about that. I believe AP takes as long as EAD anyway.
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Old Jul 21st 2017, 3:44 pm   #20
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Default Re: Moving to the US:

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Originally Posted by chawkins99 View Post
My take on Ian's comment was you don't have to wait in the US.

There's nothing to stop the spouse from returning to the UK and continuing to work there while waiting for AOS/EAD.
Your take is incorrect.

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Old Jul 21st 2017, 3:50 pm   #21
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Default Re: Moving to the US:

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Your take is incorrect.

Rene
True. But his comment could certainly be interpreted that way.
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Old Jul 21st 2017, 4:08 pm   #22
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Default Re: Moving to the US:

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That's because most people are either young or stupid. Sorry but it is true. They are young and want those 90 days to live together to test the waters and marry on the 87th day and then don't have their paperwork together and only file for AOS maybe 2 to 4 weeks after the marriage. Add another 90 days for the EAD and you have 6 months of down time.

The mature way is to come to the US, marry within a week or two of entry, file within 7 to 10 days for AOS. We were able to get our certified marriage certificate straight from city hall 5 days after the wedding.

The K-1 is not a test the water visa but a marriage visa. So you enter and marry almost immediately.

Now I sit back and wait for people to jump all over me for my viewpoint.
I am not going to disagree with any of that, other than to say that some people use the 80-85 days to pull together as big a family event as they can muster - venue, catering, "the dress", get family and friends together.

To overall theme of your (Rete's) post though, I wonder how many K-1's are issued, used (to enter the US), but do not lead to adjustment? In other words, do not lead to a marriage? (Yes, I know there is a small gap in my description where some people marry but then leave the US and have to go through the process for a CR-1.)
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Old Jul 21st 2017, 4:31 pm   #23
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Default Re: Moving to the US:

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Originally Posted by chawkins99 View Post
My take on Ian's comment was you don't have to wait in the US.
Your take is incorrect. I took issue with the comment that you needed to adjust status before being allowed to work.


Quote:
But his comment could certainly be interpreted that way.
True - but it would be an incorrect interpretation.

Ian
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Old Jul 21st 2017, 4:46 pm   #24
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Default Re: Moving to the US:

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.... You can have it all if you are willing to stop, think, plan and execute.
All four of those can be a problem, especially when hormones enter the equation.
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Old Jul 21st 2017, 4:58 pm   #25
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Default Re: Moving to the US:

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Originally Posted by ian-mstm View Post
Your take is incorrect. I took issue with the comment that you needed to adjust status before being allowed to work.



True - but it would be an incorrect interpretation.

Ian
The result of ambiguity.
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Old Jul 21st 2017, 6:46 pm   #26
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Default Re: Moving to the US:

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Originally Posted by chawkins99 View Post
The result of ambiguity.
If I cared about what you thought, I'd say that the ambiguity exists only in your mind... it isn't in the post to which I responded. I'd also say that the dependent clause "before you can work" isn't related to the modifier "in the US" but to the independent clause "you have to wait ... for the adjustment of status to be granted".

However, I don't really care! No charge!

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Old Jul 21st 2017, 6:54 pm   #27
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Default Re: Moving to the US:



Quote:
Originally Posted by ian-mstm View Post
If I cared about what you thought, I'd say that the ambiguity exists only in your mind... it isn't in the post to which I responded. I'd also say that the dependent clause "before you can work" isn't related to the modifier "in the US" but to the independent clause "you have to wait ... for the adjustment of status to be granted".

However, I don't really care! No charge!

Ian
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Old Jul 22nd 2017, 1:20 am   #28
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Default Re: Moving to the US:

I have to say that I agree with Rete. Unless there's some particular reason to go the K1, the marriage visa route is definitely better. Quicker route to a green card, quicker to US citizenship, cheaper, less paperwork. I've always thought that the K1 was really designed for people who are citizens of a country who need a visa to visit the US. If they cannot prove sufficient ties to their home country a K1 is easier to get because you don't have to prove lack of intent to live in the US.
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Old Oct 2nd 2017, 3:08 pm   #29
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Default Re: Moving to the US:

Hello All

I hope the arrival of Fall finds you well, wherever you are.

If you recall, I posted on the forum a few months ago as I began my research into emigrating to the United States.

I have a question regarding the work visa option. My partner's family run their own company, can they offer me a position and sponsor me? And if so, if the application is unsuccessful, does that hinder my chances of reapplying again with another employer? And is there a period of time I have to wait before I reapply?

Again, many apologies for the barrage of questions!

Warmest regards
Tom
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Old Oct 2nd 2017, 3:41 pm   #30
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Default Re: Moving to the US:

Your partner is a USC. It would be silly to make her family pay many thousands of dollars for your work visa (if you are indeed eligible for one), when you have the much more straightforward and nearly guaranteed path of a marriage based visa.

But just to entertain the notion... what is the business? Does the position require a degree? Do you have the relevant degree? Is it difficult for them to find a USC who can do the work? Are they OK spending that much money to bring you here ($10K or so, and the employer must pay... you cannot)?

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Last edited by Noorah101; Oct 2nd 2017 at 3:57 pm.
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