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Considering Marriage on VWP

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Old Jan 12th 2009, 10:05 am
  #31  
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Default Re: Considering Marriage on VWP

Originally Posted by Bob
No, much tougher...marriage is the quick, cheap and easy route, relatively speaking.

School over here is rather expensive though.

Oh, and doing the VWP route, apart from being a bad idea, he wouldn't be work authorised for a while, so he would be putting your friend in a bit of a spot.
Expensive yah, but he says he didnt qualify for uni only for college. idk what thats all about.
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Old Jan 12th 2009, 10:07 am
  #32  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Someone told me i needed the 145 or I-45 something form. Ive been reading the uscis website. and from what you guys tell me I only need to use the I -130 and the biographical info for both of us. Sorry to be redundant about all this just wanna get it all sorted and clear.
this is a good site:

http://faq.visapro.com/I130-Petition-FAQ3.asp
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Old Jan 12th 2009, 10:11 am
  #33  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
wow okay, lets forget work visa then.

Another question (sorry) Once he leaves the country and the forms have been sent of to be processed he cant come back and visit me?
Yes, he is allowed to visit while the Immigrant Visa process is going on. But, he should bring proof of his ties to the UK (or rather bring proof that he does not intend to stay in the USA). Hopefully he will get some kind of job that he needs to return to, or he owns/rents property there, just in case they ask at the POE.

Rene
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Old Jan 12th 2009, 10:12 am
  #34  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Someone told me i needed the 145 or I-45 something form. Ive been reading the uscis website. and from what you guys tell me I only need to use the I -130 and the biographical info for both of us. Sorry to be redundant about all this just wanna get it all sorted and clear.
You do not need an I-485. The I-485 was part of your old plan. Your new plan for getting the immigrant visa only involves the I-130, G-325A's, and the I-864...for now.

Rene
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Old Jan 12th 2009, 10:14 am
  #35  
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Default Re: Considering Marriage on VWP

Originally Posted by Noorah101
You do not need an I-485. The I-485 was part of your old plan. Your new plan for getting the immigrant visa only involves the I-130, G-325A's, and the I-864...for now.

Rene
for now?....
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Old Jan 12th 2009, 10:18 am
  #36  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
for now?....
Yes. After the I-130 is approved, and after you send in the I-864 (when asked for by NVC), then there will be some visa application forms for him to fill out on his side. I was just telling you what you need in order to get started, for now.

Rene
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Old Jan 12th 2009, 10:18 am
  #37  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Someone told me i needed the 145 or I-45 something form. Ive been reading the uscis website. and from what you guys tell me I only need to use the I -130 and the biographical info for both of us. Sorry to be redundant about all this just wanna get it all sorted and clear.

Isabel

You and your husband will be going the Consular Immigration Route and not the adjustment of status route. So there are different forms and procedures. When you husband is approved by the US Consulate in Lodnon he will enter the US as a permanent resident with the right to live and work here from day one of entry. The procedure goes like this:

1. You marry
2. You get the certified marriage certificate
3. You complete the I-130 (Immediate Relative Visa Form)
4. You mail it to the appropriate service center (not sure if it is NVC or MSC). The form will tell you.
5. Hubby goes back to the UK before his 90 days are up and waits
6. In 3 to 5 months the I-130 will be adjudicated (hopefully approved) and you will receive communication from the NVC as to who is the agent to receive the paperwork to be completed for the US Consulate and you will be asked to complete and Affidavit of Support (I-864) and mail it and the fee back to the NVC.
7. Once the I-864 is approved everything is sent to the US Consulate in London.
8. Your husband will then need to complete the paperwork and the checklist stating that he has all the documents that they require, i.e. police clearance certificate, etc.
9. He mails the checklist back to London
10. He makes an appointment for his medical by the USCIS approved panel physician in London
11. He receives his appointment date for the US Consulate interview
12. He takes all his paperwork with him and keeps the appointment
13. If approved he leaves his passport and in a few days it will be couriered back to him with a shiny new immigration visa in it
14. HE GETS ON A PLANE AND STARTS HIS MARRIED LIFE IN THE US WITH YOU.
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Old Jan 12th 2009, 10:19 am
  #38  
 
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Someone told me i needed the 145 or I-45 something form. Ive been reading the uscis website. and from what you guys tell me I only need to use the I -130 and the biographical info for both of us. Sorry to be redundant about all this just wanna get it all sorted and clear.
Isabel, look, this thread is moving very fast and putting a brand new concept in front of you and in a foreign language to boot.

Please, please, slow down for a bit.
Re-read Folinskinla's post. You need to stop listening to 'someone' and making these plans. You are entering into an international, legal piece of business.
Not 'hop on a plane and do what we want'. You've got to accept that there is a process here, that you don't know the first thing about it and that it's nearly equivalent to filing .. oh, say a corporate income tax return. A list of forms is not what you need right now. You need to 'get' the concept in your mind first.
OK, this is IMO only, but all of us on here have gone through your same learning curve and that's why we stay to help others.

But you are NOT going to have it figured out in 15 minutes.. each piece leads to another. So do yourself and BF a favor, and slow down a bit.

Now, to your quote. What you were told to do is not legal. Do you want to continue on that path? If yes, continue talking to 'someone'. If no, just keep reading. It really will sink in soon.
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Old Jan 12th 2009, 10:20 am
  #39  
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Default Re: Considering Marriage on VWP

Originally Posted by whatadiva

Please do not use an online immigration service for your forms. If you need the services of an immigration attorney, it pays to pay the fee and hire one that you can talk to and see rather than a non-descript agency staffed by paralegals and whom you are hard pressed to get in touch with.
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Old Jan 12th 2009, 10:20 am
  #40  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
for now?....
The forms that Noorah lists are the ones that you have to file to get the visa process started. Once the I-130 is approved, the forms (& documentation) goes to the National Visa Center (NVC) they do some stuff, then forward the packet to the US consulate in London. Then London will send your hubby additional forms he has to fill out, in order to get the CR-1 visa. The I-130 is only the tip of the iceburg for filling out forms, hon!
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Old Jan 12th 2009, 10:22 am
  #41  
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Default Re: Considering Marriage on VWP

Originally Posted by Rete
Isabel

You and your husband will be going the Consular Immigration Route and not the adjustment of status route. So there are different forms and procedures. When you husband is approved by the US Consulate in Lodnon he will enter the US as a permanent resident with the right to live and work here from day one of entry. The procedure goes like this:

1. You marry
2. You get the certified marriage certificate
3. You complete the I-130 (Immediate Relative Visa Form)
4. You mail it to the appropriate service center (not sure if it is NVC or MSC). The form will tell you.
5. Hubby goes back to the UK before his 90 days are up and waits
6. In 3 to 5 months the I-130 will be adjudicated (hopefully approved) and you will receive communication from the NVC as to who is the agent to receive the paperwork to be completed for the US Consulate and you will be asked to complete and Affidavit of Support (I-864) and mail it and the fee back to the NVC.
7. Once the I-864 is approved everything is sent to the US Consulate in London.
8. Your husband will then need to complete the paperwork and the checklist stating that he has all the documents that they require, i.e. police clearance certificate, etc.
9. He mails the checklist back to London
10. He makes an appointment for his medical by the USCIS approved panel physician in London
11. He receives his appointment date for the US Consulate interview
12. He takes all his paperwork with him and keeps the appointment
13. If approved he leaves his passport and in a few days it will be couriered back to him with a shiny new immigration visa in it
14. HE GETS ON A PLANE AND STARTS HIS MARRIED LIFE IN THE US WITH YOU.
So there is still a chance he might not be able to come. If his papers are not approved. What is the likelihood of this? why would this happen?
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Old Jan 12th 2009, 10:25 am
  #42  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
So there is still a chance he might not be able to come. If his papers are not approved. What is the likelihood of this? why would this happen?
Off the top of my head, the reasons for denial could be:
1. He has a communicable disease
2. He has some sort of criminal history, esp if drugs
3. Your marriage is a sham

That's all I can think of. If he doesn't have any of those problems, he's most likely going to be approved.

Rene
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Old Jan 12th 2009, 10:28 am
  #43  
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Default Re: Considering Marriage on VWP

Originally Posted by Noorah101
Off the top of my head, the reasons for denial could be:
1. He has a communicable disease
2. He has some sort of criminal history, esp if drugs
3. Your marriage is a sham

That's all I can think of. If he doesn't have any of those problems, he's most likely going to be approved.

Rene
Yay, we're gonna be approved cuz none of that applies to us!
I want to thank all who responded. I admit I really was thinking of taking the illegal route and the stress of possibly being caught was getting to me. I feel much better now, happier. The only downer is the time we will spend apart
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Old Jan 12th 2009, 10:31 am
  #44  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Yay, we're gonna be approved cuz none of that applies to us!
I want to thank all who responded. I admit I really was thinking of taking the illegal route and the stress of possibly being caught was getting to me. I feel much better now, happier. The only downer is the time we will spend apart
Time will probably fly by. It took my fiance 14 months to get his K-1 fiance visa, and we didn't even visit each other during that time. We both kept busy with our regular daily lives, plus doing all that immigration paperwork, and the time really spend by. You'll survive, and it will be worth it to have him enter the USA legally so you can start your lives together without worry.

Rene
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Old Jan 12th 2009, 10:31 am
  #45  
 
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Default Re: Considering Marriage on VWP

Originally Posted by Rete
A work visa will not help you. Work visas must be applied for the employer and the application date is April 1, 2009 for a start sometime in November. Your finance must be working in a field that qualifies for an H-1B and he must have the education to back up his qualifications for the job. Apparently he does not have the education has he is planning on seeking a degree via higher education in the US.

While I do honestly feel for you, the safest way is to get married as planned and then complete the I-130, mail it in, and have hubby return to the UK before his 90 days are up. He can visit again and/or you can visit him in the UK. Have him look for any type of employment in the UK while he waits. Do you care if he slings burgers for the time being? I don't think so. At least it will pay his plane fare.

Love's not easy and there are no easy solutions, unfortunately. I'm sorry.
Originally Posted by Isabel.S
Yay, we're gonna be approved cuz none of that applies to us!
I want to thank all who responded. I admit I really was thinking of taking the illegal route and the stress of possibly being caught was getting to me. I feel much better now, happier. The only downer is the time we will spend apart
Better then a life time apart if it had all gone wrong

Good luck to you
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