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Cofused as to which visa required

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Old Aug 9th 2007, 12:39 am
  #1  
Charligirl
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Default Cofused as to which visa required

Hello everyone.

I have read with care many of the excellent peices of advice given to
UK citezens wishing to marry and move to the USA.
However, theres one thing that puzzles me.

I understand that you can marry on a tourist visa, but cannot stay
after tourist visa runs out and have to return to own country whilst
visas are created.
If so.. what is this that I read on a USA based site that one can stay
in the USA after marriage , and can apply for a green card and remain
in the USA whilst the card is being processed.

Heres a piece from the site.

"Although, the same process that takes 6-8 months abroad, takes 12-18
months in the US, the applicant may work and live in the U.S. from the
date of filing. Thus the lengthy processing period is not as
inconvenient as it would seem. Those who apply abroad must wait out
side of the US during the entire processing period. As a result, many
newly weds prefer to undertake the entire green card application
process in the U.S., so that they can live together and work while
they patiently wait for the bureaucracy to grind out the green card
approval notice.

Please can anyone explain what they mean and has anyone heard of this
before?
 
Old Aug 9th 2007, 1:32 am
  #2  
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Default Re: Cofused as to which visa required

They mean exactly what they said. Depending on your intent when entering the US on a tourist visa, if you marry a USC you can remain in the US, file for adjustment of status, as well as file for a work authorization document and advance parole, and remain in the US until your AOS interview is completed and you have your green card, regardless of the length of time it takes to get it. The use of AP has some caveats attached to it, i.e. overstay issues, being paroled back into the US when you use it, etc. but is used daily for thousands of pending adjusters without instance if the circumstances are right.

The sole issue for the above is INTENT at the time of entry into the US and what verbal exchange occurred with the agent at the POE.


Originally Posted by Charligirl
Hello everyone.

I have read with care many of the excellent peices of advice given to
UK citezens wishing to marry and move to the USA.
However, theres one thing that puzzles me.

I understand that you can marry on a tourist visa, but cannot stay
after tourist visa runs out and have to return to own country whilst
visas are created.
If so.. what is this that I read on a USA based site that one can stay
in the USA after marriage , and can apply for a green card and remain
in the USA whilst the card is being processed.

Heres a piece from the site.

"Although, the same process that takes 6-8 months abroad, takes 12-18
months in the US, the applicant may work and live in the U.S. from the
date of filing. Thus the lengthy processing period is not as
inconvenient as it would seem. Those who apply abroad must wait out
side of the US during the entire processing period. As a result, many
newly weds prefer to undertake the entire green card application
process in the U.S., so that they can live together and work while
they patiently wait for the bureaucracy to grind out the green card
approval notice.

Please can anyone explain what they mean and has anyone heard of this
before?
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Old Aug 9th 2007, 1:37 am
  #3  
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Default Re: Cofused as to which visa required

You could always apply for a k-1 visa and make it nice and easy.
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Old Aug 9th 2007, 4:35 am
  #4  
 
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Default Re: Cofused as to which visa required

Originally Posted by Charligirl
Heres a piece from the site.

"Although, the same process that takes 6-8 months abroad, takes 12-18
months in the US, the applicant may work and live in the U.S. from the
date of filing. Thus the lengthy processing period is not as
inconvenient as it would seem. Those who apply abroad must wait out
side of the US during the entire processing period. As a result, many
newly weds prefer to undertake the entire green card application
process in the U.S., so that they can live together and work while
they patiently wait for the bureaucracy to grind out the green card
approval notice.

Please can anyone explain what they mean and has anyone heard of this
before?
What is the URL (link)?
meauxna is offline  
Old Aug 13th 2007, 12:55 am
  #5  
Charligirl
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Default Re: Cofused as to which visa required

On Aug 9, 5:35 pm, meauxna <[email protected]> wrote:
> > Hello everyone.
>
> > I have read with care many of the excellent peices of advice given to
> > UK citezens wishing to marry and move to the USA.
> > However, theres one thing that puzzles me.
>
> > I understand that you can marry on a tourist visa, but cannot stay
> > after tourist visa runs out and have to return to own country whilst
> > visas are created.
> > If so.. what is this that I read on a USA based site that one can stay
> > in the USA after marriage , and can apply for a green card and remain
> > in the USA whilst the card is being processed.
>
> > Heres a piece from the site.
>
> > "Although, the same process that takes 6-8 months abroad, takes 12-18
> > months in the US, the applicant may work and live in the U.S. from the
> > date of filing. Thus the lengthy processing period is not as
> > inconvenient as it would seem. Those who apply abroad must wait out
> > side of the US during the entire processing period. As a result, many
> > newly weds prefer to undertake the entire green card application
> > process in the U.S., so that they can live together and work while
> > they patiently wait for the bureaucracy to grind out the green card
> > approval notice.
>
> > Please can anyone explain what they mean and has anyone heard of this
> > before?
>
> What is the URL (link)?
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Here is the Link I got the quote from as requested.

https://secure.h1base.com/page.asp?id`
 
Old Aug 13th 2007, 3:02 am
  #6  
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Default Re: Cofused as to which visa required

Originally Posted by Charligirl
Here is the Link I got the quote from as requested.

https://secure.h1base.com/page.asp?id`
That link doesn't work for me. I tried it as you posted it, and also tried it without the little ' mark at the end. Neither worked, they both got errors.

Rene
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Old Aug 13th 2007, 4:12 am
  #7  
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Default Re: Cofused as to which visa required

Either way, the link points to a visa service site who guarantee you they will get you H1b sponsorship and that many clients get contacted for interviews within 2 day so I'd take whatever they say with a pinch of salt.
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Old Aug 13th 2007, 4:17 am
  #8  
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Default Re: Cofused as to which visa required

Originally Posted by Duncan Roberts
Either way, the link points to a visa service site who guarantee you they will get you H1b sponsorship and that many clients get contacted for interviews within 2 day so I'd take whatever they say with a pinch of salt.
Why is the OP even reading about an H1b visa when her post indicates she's looking at a marriage-based visa?

Rene
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Old Aug 13th 2007, 4:26 am
  #9  
 
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Default Re: Cofused as to which visa required

Originally Posted by Charligirl
Here is the Link I got the quote from as requested.
The reason that you are confused is because you took the part you wanted to read out of context.
Your link didn't work for me either, so I googled the phrase 'patiently wait for the bureaucracy to grind out the green card' (fairly unique) and had the orginal article returned. It's written by an immigration attorney and discusses how to apply for a K-1 visa. The paragraphs you omitted go on to say

"INS will not admit people who intend to live in the US permanently as a non-immigrant. The choice is to file the green card application abroad and come to the US as a permanent resident or come to the US as a non-immigrant tourist or worker, then marry and finally file for the green card in the U.S. In the later case, if INS knew all the facts, they would deny entry and possibly bar entry for five years under summary removal procedures. One may not enter the U.S. as a non-immigrant with the intent to live in the U.S. permanently.

Rather than force people to lie about the purpose of their entry to the U.S., in 1970 Congress created the K-1 or fiancee visa category. The K-1 visa avoids the risk of being denied entry to the U.S. or worse The K-1 visa permits a fiance to enter the U.S. as long as the marriage takes place with in 90 days of entry. The visa may not be extended so be sure to marry with in 90 days. The applicant may work in the U.S. during the 90 day period. Immediately after the marriage, the couple may file the green card petition, form I-130 and the adjustment of status petition I-485 with INS. The K-1 visa tends to reduce the INS processing period because the K-1 visa application process requires much of the same information the INS requires for the green card petition."

The author is Colin R. Singer and the URL I used is here: http://www.immigration.ca/us/usmarriage.asp
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Old Aug 18th 2007, 9:12 am
  #10  
Charligirl
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Default Re: Cofused as to which visa required

On Aug 13, 5:12 pm, Duncan Roberts
<[email protected]> wrote:
> > That link doesn't work for me. I tried it as you posted it, and also
> > tried it without the little ' mark at the end. Neither worked, they
> > both got errors.
>
> > Rene
>
> Either way, the link points to a visa service site who guarantee you
> they will get you H1b sponsorship and that many clients get contacted
> for interviews within 2 day so I'd take whatever they say with a
> pinch of salt.
>
> --
> Posted viahttp://britishexpats.com

Hello again.. Im sorry the link didnt work, I copied and pasted the
link as normal.. so sorry about that.

I was indeed confused as to which visa is the best and quickest way,
because a friend of mine is doing the fiance visa and she has been
told by the powers that be, that it will at least be a year before her
application is processed due to the very high numbers of applications.
She has also been told that she cannot re enter America for 9 months
as she has admitted that she wants to marry, so it will be a risk for
her to re enter the country (They say she doesnt have enough proof
that she will return to England). Shes going through a really heart
breaking time, and I just didnt want to be sucked in to a similar
situation, so I was clicking around on the net.. (as one does) to see
if there was another visa apart from the fiance visa.

Sorry for any confusion.

Charligirl.
 
Old Aug 18th 2007, 2:27 pm
  #11  
 
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Default Re: Cofused as to which visa required

Originally Posted by Charligirl
I was indeed confused as to which visa is the best and quickest way,
because a friend of mine is doing the fiance visa and she has been
told by the powers that be, that it will at least be a year before her
application is processed due to the very high numbers of applications.
She has also been told that she cannot re enter America for 9 months.
I think that you and your friend need to get new information.

If you are both from the UK and are prepared for your interviews, it's unlikely that it takes a year for the visa application.

And, depending on her history of visits and other factors, there is nothing that specifically bars her from visiting the US while her petition/application is in process.

Who are 'the powers that be'?
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Old Aug 20th 2007, 10:38 pm
  #12  
Charligirl
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Default Re: Cofused as to which visa required

On Aug 19, 3:27 am, meauxna <[email protected]> wrote:
> > On Aug 13, 5:12 pm, Duncan Roberts
> > <[email protected]> wrote:
> > > > That link doesn't work for me. I tried it as you posted it, and
> > > > also
> > > > tried it without the little ' mark at the end. Neither worked,
> > > > they
> > > > both got errors.
>
> > > > Rene
>
> > > Either way, the link points to a visa service site who guarantee you
> > > they will get you H1b sponsorship and that many clients get
> > > contacted
> > > for interviews within 2 day so I'd take whatever they say with a
> > > pinch of salt.
>
> > > --
> > > Posted viahttp://britishexpats.com
>
> > Hello again.. Im sorry the link didnt work, I copied and pasted the
> > link as normal.. so sorry about that.
>
> > I was indeed confused as to which visa is the best and quickest way,
> > because a friend of mine is doing the fiance visa and she has been
> > told by the powers that be, that it will at least be a year before her
> > application is processed due to the very high numbers of applications.
> > She has also been told that she cannot re enter America for 9 months
> > as she has admitted that she wants to marry, so it will be a risk for
> > her to re enter the country (They say she doesnt have enough proof
> > that she will return to England). Shes going through a really heart
> > breaking time, and I just didnt want to be sucked in to a similar
> > situation, so I was clicking around on the net.. (as one does) to see
> > if there was another visa apart from the fiance visa.
>
> > Sorry for any confusion.
>
> > Charligirl.
>
> I think that you and your friend need to get new information.
>
> If you are both from the UK and are prepared for your interviews, it's
> unlikely that it takes a year for the visa application.
>
> And, depending on her history of visits and other factors, there is
> nothing that specifically bars her from visiting the US while her
> petition/application is in process.
>
> Who are 'the powers that be'?
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Sorry for the delay in getting back, I contacted my friend and asked
her why it was going to take a year.. This was her responce.

Thanks for the offline, our visa is now is CA and will be dealt with
in about January 2008 according to the website. After that, it will be
sent to the immigration dept in New Hampshire and if everything is
okay it will then be sent to the American Embassy in London who will
send me an immigration pack. The whole process will take about one
year as I have to get police reports from Turkey as I lived there from
1995 to 2005. Any help you can give me will be very much appreciated.

So as you can see, she's either reading her facts wrong which is
making me panic with her!!.. or shes right and its going to take at
least a year which is why I was very wary of taking the fiance visa
route.

Please do tell me your views. thanks.
Charli.
 
Old Aug 21st 2007, 12:34 am
  #13  
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Default Re: Cofused as to which visa required

Originally Posted by Charligirl
So as you can see, she's either reading her facts wrong which is making me panic with her!!.. or shes right and its going to take at least a year which is why I was very wary of taking the fiance visa route.
She's probably right *for her*. Unless you also lived in Turkey for 10 years, there's probably no comparison.

Ian
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Old Aug 21st 2007, 3:07 am
  #14  
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Default Re: Cofused as to which visa required

Originally Posted by Charligirl
So as you can see, she's either reading her facts wrong which is
making me panic with her!!.. or shes right and its going to take at
least a year which is why I was very wary of taking the fiance visa
route.

Please do tell me your views. thanks.
Charli.
Hi Charli,

You really can't compare two different cases. She needs police reports from another country, you might not. You didn't mention who those "powers that be" are, either, you only mentioned your friend's comments. She is wrong in saying the visa is in CA right now...it's the petition which is in CA. She won't have a visa until after she attends the interview in London. I would go ahead with the visa that works best *for you* and not compare the two cases. Also, you didn't mention why she thinks she can't visit the USA for 9 months?

Best Wishes,
Rene
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Old Aug 21st 2007, 11:24 pm
  #15  
Charligirl
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Default Re: Cofused as to which visa required

On Aug 21, 4:07 pm, Noorah101 <[email protected]>
wrote:
> > On Aug 19, 3:27 am, meauxna <[email protected]> wrote:
> > > > On Aug 13, 5:12 pm, Duncan Roberts
> > > > <[email protected]> wrote:
> > > > > > That link doesn't work for me. I tried it as you posted it,
> > > > > > and
> > > > > > also
> > > > > > tried it without the little ' mark at the end. Neither
> > > > > > worked,
> > > > > > they
> > > > > > both got errors.
>
> > > > > > Rene
>
> > > > > Either way, the link points to a visa service site who guarantee
> > > > > you
> > > > > they will get you H1b sponsorship and that many clients get
> > > > > contacted
> > > > > for interviews within 2 day so I'd take whatever they say with a
> > > > > pinch of salt.
>
> > > > > --
> > > > > Posted viahttp://britishexpats.com
>
> > > > Hello again.. Im sorry the link didnt work, I copied and pasted
> > > > the
> > > > link as normal.. so sorry about that.
>
> > > > I was indeed confused as to which visa is the best and quickest
> > > > way,
> > > > because a friend of mine is doing the fiance visa and she has been
> > > > told by the powers that be, that it will at least be a year before
> > > > her
> > > > application is processed due to the very high numbers of
> > > > applications.
> > > > She has also been told that she cannot re enter America for 9
> > > > months
> > > > as she has admitted that she wants to marry, so it will be a risk
> > > > for
> > > > her to re enter the country (They say she doesnt have enough
> > > > proof
> > > > that she will return to England). Shes going through a really
> > > > heart
> > > > breaking time, and I just didnt want to be sucked in to a similar
> > > > situation, so I was clicking around on the net.. (as one does) to
> > > > see
> > > > if there was another visa apart from the fiance visa.
>
> > > > Sorry for any confusion.
>
> > > > Charligirl.
>
> > > I think that you and your friend need to get new information.
>
> > > If you are both from the UK and are prepared for your interviews,
> > > it's
> > > unlikely that it takes a year for the visa application.
>
> > > And, depending on her history of visits and other factors, there is
> > > nothing that specifically bars her from visiting the US while her
> > > petition/application is in process.
>
> > > Who are 'the powers that be'?
>
> > > --
> > > Posted viahttp://britishexpats.com-Hide quoted text -
>
> > > - Show quoted text -
>
> > Sorry for the delay in getting back, I contacted my friend and asked
> > her why it was going to take a year.. This was her responce.
>
> > Thanks for the offline, our visa is now is CA and will be dealt with
> > in about January 2008 according to the website. After that, it will be
> > sent to the immigration dept in New Hampshire and if everything is
> > okay it will then be sent to the American Embassy in London who will
> > send me an immigration pack. The whole process will take about one
> > year as I have to get police reports from Turkey as I lived there from
> > 1995 to 2005. Any help you can give me will be very much appreciated.
>
> > So as you can see, she's either reading her facts wrong which is
> > making me panic with her!!.. or shes right and its going to take at
> > least a year which is why I was very wary of taking the fiance visa
> > route.
>
> > Please do tell me your views. thanks.
> > Charli.
>
> Hi Charli,
>
> You really can't compare two different cases. She needs police reports
> from another country, you might not. You didn't mention who those
> "powers that be" are, either, you only mentioned your friend's comments.
> She is wrong in saying the visa is in CA right now...it's the petition
> which is in CA. She won't have a visa until after she attends the
> interview in London. I would go ahead with the visa that works best
> *for you* and not compare the two cases. Also, you didn't mention why
> she thinks she can't visit the USA for 9 months?
>
> Best Wishes,
> Rene
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Hi Rene
The powers that be,, I was referring to CA. as she mentioned in her
letter. As for the nine months ban, she was refused a tourist visa
because they said there is little or no evidence that she will return
home. No ties as such. She has no children and she rents. They told
her that as she had applied for a fiance visa and with the added facts
that she has no ties, the risk of her not returning to England was too
high.

As for which visa is right for me.. I find the whole thing too
confusing. So many visas so many routes. Sigh.
I really just dont know what to do or where to start even!

Thanks
Charli.
 


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