ReanaBanana

Hey everyone! First, just wanted to say what helpful information I've found on this website. Lots of good information and helpful, knowledgable people

A little about my situation, I'm a USC from Seattle, WA, but am currently on a 6 month visitor visa in London, UK living with my fiance who is a UKC. We would like to move back to the states later this year, as my UK visitor visa is up on June 1st. My fiance works as a highly qualified prison officer here in the UK and would like to continue to do this type of work in the US, more specifically California. I am a registered dental assistant unemployed at the moment We plan on marrying in Las Vegas in Jan or Feb 2012, but would like to both, ideally, be living and working in the US before that time (we'd like to be long-distance as little as possible after I return to the US.)

We've researched the two main ways of going about all of this, but was just curious as to which way the expats experts think would be the most IDEAL and fast, mainly for his work situation, as he'd like to be able to work in the US ASAP. I am flexible and don't mind being with or without work in the UK or the US for any period of time, but my USA-loving fiancee would like to be in the US ASAP I am aware that getting married tomorrow would obviously be the fastest way to move this process along, but I think we both agree we'd like to have the wedding we both want, which means saving money for it.

Phew! haha so that novel is basically it. Any help would be greatly appreciated, as my head is spinning (and a little stressed out) after reading all the triumphs and horror stories US immigration can bring

Thanks in advance!

PS I know fast isn't a word that belongs anywhere near immigration, I know the process can take months, years, decades sometimes, but the sooner he can work in the US the better

Rete

Your fiancee cannot work in the US with the proper visa. The proper visa would be based on marriage to you. So forget the idea of coming here first, working and then getting married. It's not at all possible since a prison guard is not a position that is listed on the job list for work visas.

The quickest way is, as you already know, to marry, have him return to the UK, you file the I-130 and he interviews in London for his immediate relative visa. This way when he does come to the US with the IRV he can find work and start immediately.

Perhaps you two might want to plan your wedding for the end of this year in Las Vegas. Depending on the number of people you are inviting it isn't going to cost all that much. My daughter did it at the Rio for a lovely wedding at their chapel, video of the wedding, and then a reception for 30 people at their roof top restaurant and the cost was under $4,000.

A problem that I immediately see is that you are not working. If you are not working then you will need a joint sponsor for the I-864 affidavit of support for the I-130. Without it, no visa.

PS I don't know what horror you have been reading but there have not been many in the last few years and in fact, I don't recall any from the UK. Most horror stories are from people who are caught in the name check clearance and that is because of having a common name and/or having a citizenship from a country which is on the terror watch list.

Noorah101

Your scenario as you present it (ideally) won't work. You want to be married in early 2012. You seem set on that date. If you want your fiance in the USA ahead of that time, you can start the K-1 fiance visa now (you file an I-129F). You can slow this process down a bit so that he gets his visa and enters the USA around November 2011. That way, you can marry in Jan/Feb 2012 which is still within his first 90 days in the USA. The problem with this scenario is: 1) it's not as fast as you seem to want it; and 2) he can't work until he gets EAD in hand, about 90 days after filing AOS after marriage (so about April 2012).

If you wait and marry in Jan 2012, and then do a CR-1 Immigrant Visa, he won't be arriving to live in the USA until around Fall of 2012. The good thing about that is, he can work in the USA from Day 1...but he won't be in the USA anytime soon.

You might have to go with the idea of just having a simple civil ceremony (so your marriage gets recorded on paper) in the USA soon, start the CR-1 Immigrant Visa process, and then have a nice big "wedding" in Jan/Feb in the USA. That way, he gets to move to the USA in Fall of 2011 and can begin work from Day 1.

Rene

Ray

Has to be a US citizen to work as a CA corrections officer

ReanaBanana

thank you for all the quick replies and great information

(I was being over-dramatic when i typed horror stories, i just meant its all a lot to take in and very confusing and I just dont want to plan on going about the visa's one way and find out there was a more efficient way of doing things )

Ray: Do you know which states he can work in as a correctional officer being a US Permanent resident?

Ray

They come under Law Enforcement so probably none

ian-mstm

I hope you didn't gloss over the finance situation - that could put a hex on the whole thing. You need sufficient income or a joint sponsor if you want your fiance to get a visa... and if neither of you are working (which may well happen once you're both in the US), how do you intend to live?

Ian

Englishman43

Amen to that ( we are going through the process right now ) wife had to get letters from employers verifying salary & length of employment and show any and all investments she has and they have to be current . Initially we forwarded some from the end of the 3rd quarter but had them returned as too old.

meauxna

hahah..at the rate the market's been behaving, I'm not surprised.

ReanaBanana

Thank you for all the help!

After a few discussions and research, we've decided to marry soon, so i can file the I-130 ASAP (thanks Rene!) We still plan on having our dream big Vegas blowout wedding after we've saved money and moved to the US

We obviously ran into a few snags trying to marry, as I am in the UK until June on a 6 month visitor visa. After researching, we have filed a certificate of approval for marriage in the UK and are crossing our fingers and hoping it gets approved at which time, we'll marry, i'll apply to change my status to remain in the UK to work and live based on my marriage and then begin to file I-i30 in London. I'm sure there are many more snags with this plan, especially if our COA doesn't get approved, but I've now learned adaptability is the only way with across the pond relationships!

My mom, desperately wanting her daughter back home , would be willing to sponsor us both for the I-864 affidavit.

Our biggest disappointment is my fiancee not being able to do prison officer work in the US. He's contacted the Federal Bureau of Prisons in the US and learned that only on very rare occasions, when a position isn't being filled by a US citizen, a permanent resident may apply. This situation not being reliable enough, he's had to completely rethink what type of work he will do once we get to the US. He's had careers/training with the police and with the prison service here in the UK, both of which jobs he wouldn't be able to do in the US until he's applied for citizenship.

Ahhhh immigration!

ian-mstm

When I first moved to the US in 1998, I got a job as an independent contractor with the BOP - at FCI Ashland. I was there for almost 2.5 years! As an aside, I still tell people I was in prison for 2.5 years... oh, the looks I sometimes get! I worked in the education department and all I had was an EAD. I wasn't yet a PR. There are jobs available... depending on what he'd like to do.

Depending on where you move, there are private contract prisons that operate outside the Federal BOP. I've no idea what their hiring requirements are, but it's worth some research I think!

Ian

ReanaBanana

haha!

yay! theres hope!

Ideally we'd like to live in California, or anywhere west coast-ish, really. I'm a WA state registered dental assistant, so, with a bit of paperwork, I can almost work in any state.

Right now, he's an officer on a detox wing, but don't think he'd be too bothered by what type of work he does within a prison.

We'll definitely have to check into private contract prisons! Do you know of any on or near the west coast?

Noorah101

I see a snag already. You are currently a visitor in the UK. If you get approved to marry, then you'll get married, then you'll apply to change your status to something more permanent in the UK...right so far?

The glitch is that you have to have been living in the UK with some sort of permanent status for 6+ months in order to file the I-130 directly to London. Your time as a visitor doesn't count towards that. So basically you'll be starting to count your 6+ months from the time you get awarded permission to stay in the UK permanently. I don't know how long all that marriage plus becoming a UK PR (or whatever it's called over there), but you'll have to tack that time onto the 6+ months you have to wait to file via DCF (Direct Consular Processing).

The good news is that once you have your certified copy of marriage certificate (or whatever the equivalent is in the UK), you can file the I-130 to the USA while you're still in the UK. The processing time for that route is about 8 - 10 months. DCF is about 5 months, but you first having to be living in the UK 6+ months, so the time frame turns out to be about the same either way.

Rene

EverettM

Just to let you know, if you plan on filing in London, you will likely be rejected from that visa route, since you are not a permanent resident of the UK, just on a 6 month visa that will be close to expiring. I am a USC and am filing DCF, but I have a 2 year visa. You will have had to be living in the UK for 6 month on a non-tourist visa to be able to file in London. You should file in the US. Also, I may be wrong, but I do not think that marriage to a UK citizen automatically enables you to stay in the UK sans visa. I could be wrong on that one tho.

ReanaBanana

Ahh, I see! Thank you so much! Im glad I didn't apply to London just to get turned down and have to file all over again to the US!

Nope, your right. I always knew I had to have a visa to stay in the UK, but I initially thought I could switch my visitor visa to spouse visa while here, but have found that I cannot apply to change my visitor status. Which means I must return home and apply to come back to the UK as a spouse. But thats not a big deal, because I have a return ticket anyway. Theres a chance, if I write to immigration explaining why I'd like to change the basis of my stay, they'd allow me, but most likely they won't. I'd just like to keep the amount of time my fiance and I are apart to a minimum, awwwww haha