Expediting A Spousal Visa & Other Questions
Aug 17th 2006, 8:55 pm
#31
Joined: Mar 2003
Posts: 68,280
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Boiler
Umm....
I think it could be implied from the posts that it has been suggested that this might possibly be a slightly beneficial idea.
I think it could be implied from the posts that it has been suggested that this might possibly be a slightly beneficial idea.
we hesitate to say certain things...
Aug 18th 2006, 1:42 am
#32
Concierge
Joined: Apr 2001
Posts: 46,388
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Ray
Put it this way ..to avoid being accused of the unlicensed practise of law
we hesitate to say certain things...
we hesitate to say certain things...
Amen, Father!
Aug 18th 2006, 3:00 am
#33
Account Closed
Joined: Mar 2004
Posts: 2
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Ray
Put it this way ..to avoid being accused of the unlicensed practise of law
we hesitate to say certain things...
we hesitate to say certain things...
Or outside the US.
As far as I can tell its State Law, not Federal, but Immigration is Federal Law.
So is it the law in your State, the State the board is hosted on, if in the US, where the recipient resides, or what?
I find it hard to believe each State has identical laws as well.
Presumably discussions on issues such as say Car Leases are out, Contracts are legal agreements. As is pretty much anything, even marriage.
All very confusing.
Aug 18th 2006, 3:09 am
#34
Brit in Joisey
Thread Starter
Joined: Aug 2006
Posts: 8
Re: Expediting A Spousal Visa & Other Questions
How fascinating! I had no idea there were such restrictions. I must confess I was a little confused by your reticence. Now I understand.
Aug 18th 2006, 3:10 am
#35
Joined: Mar 2003
Posts: 68,280
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Boiler
I think its OK if you are in Arizona.
Or outside the US.
As far as I can tell its State Law, not Federal, but Immigration is Federal Law.
.
Or outside the US.
As far as I can tell its State Law, not Federal, but Immigration is Federal Law.
.
Aug 18th 2006, 3:14 am
#36
Account Closed
Joined: Mar 2004
Posts: 2
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Ray
I just don't want to go back to all the whining and whinging again ...
Quite understandable.
Not sure I have a real issue with the subject to hand, but if I was going that way I would want a chat with a lawyer to make sure I had everything pat, always possible to miss out a significant fact on a board.
Aug 18th 2006, 3:34 am
#37
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Boiler
But its OK to plan when you have an IN-PERSON consulation with an experienced immigration attorney in the area where you live.
A little bit of twisting what I meant, eh?
Its WHAT the future plan and that depends upon the PRESENT facts, no?
Aug 18th 2006, 3:36 am
#38
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Spider
That's correct.
The lawyer's on hold for the moment--we want to run around doing as much research as possible first. There's no point in paying a lawyer to tell you stuff you could have found out yourself with ten minutes of research. Once we know and understand as much as we reasonably can, we're going to reschedule.
According to my current understanding of the situation, I've got a two-to-four week wait before the approval reaches the NVC. I don't have to worry about a visa number, because my spouse is a USC. Once that arrives, my spouse gets sent and has to fill out--and return, along with fees--a couple of packs of information. I can't do an adjustment of status because that's not permitted under visa waiver (some say that they may allow it under extenuating circumstances, but I don't think it's really something I want to muck about with).
In the meantime, I intend to nip back to the UK and do a bit of freelance work (by the way, I didn't have much choice about quitting work--I could never have got off the amount of time I needed). It isn't ideal, because my spouse really needs my emotional support right now, but I don't think I have a lot of choice. Hopefully there isn't too much of a wait for an interview in London.
Should I have to explain my previous presence in the US during the processing period, I shall have documents regarding my spouse's pregnancy and her father's death to support my contention that there were extenuating circumstances.
Thanks to everyone for their continued advice and opinions! We both appreciate it very much.
The lawyer's on hold for the moment--we want to run around doing as much research as possible first. There's no point in paying a lawyer to tell you stuff you could have found out yourself with ten minutes of research. Once we know and understand as much as we reasonably can, we're going to reschedule.
According to my current understanding of the situation, I've got a two-to-four week wait before the approval reaches the NVC. I don't have to worry about a visa number, because my spouse is a USC. Once that arrives, my spouse gets sent and has to fill out--and return, along with fees--a couple of packs of information. I can't do an adjustment of status because that's not permitted under visa waiver (some say that they may allow it under extenuating circumstances, but I don't think it's really something I want to muck about with).
In the meantime, I intend to nip back to the UK and do a bit of freelance work (by the way, I didn't have much choice about quitting work--I could never have got off the amount of time I needed). It isn't ideal, because my spouse really needs my emotional support right now, but I don't think I have a lot of choice. Hopefully there isn't too much of a wait for an interview in London.
Should I have to explain my previous presence in the US during the processing period, I shall have documents regarding my spouse's pregnancy and her father's death to support my contention that there were extenuating circumstances.
Thanks to everyone for their continued advice and opinions! We both appreciate it very much.
<sigh> Talk to the lawyer, THEN figure out what to do.
Aug 18th 2006, 3:41 am
#39
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Ray
Put it this way ..to avoid being accused of the unlicensed practise of law
we hesitate to say certain things...
we hesitate to say certain things...
That particular piece of hesitation does not apply to yours truly.
However, I'd be more concerned contibuting to the delinquency of an immigrant [bad pun intentional]. Part of a law school education is a realization on how truly scary the conspiracy and aidding/abetting laws can be. [Just wrote a brief this week on 18 USC section 2].
Aug 18th 2006, 3:43 am
#40
Account Closed
Joined: Mar 2004
Posts: 2
Re: Expediting A Spousal Visa & Other Questions
Originally Posted by Folinskyinla
Hi:
A little bit of twisting what I meant, eh?
Its WHAT the future plan and that depends upon the PRESENT facts, no?
A little bit of twisting what I meant, eh?
Its WHAT the future plan and that depends upon the PRESENT facts, no?
Just an amusemant.
Aug 24th 2006, 9:23 pm
#41
Brit in Joisey
Thread Starter
Joined: Aug 2006
Posts: 8
Re: Expediting A Spousal Visa & Other Questions
Hi all,
We finally got to see the lawyer.
He said pretty much what we expected. Eyebrows will be raised about my presence in the country, but our circumstances are pretty much a "textbook case" for making an allowance.
According to him, we have essentially three options available to us.
Each of these options is tempting to us for different reasons.
Option 1 is close to what we initially planned, except the procedure is longer than we anticipated, so my wife would come back with me to wait. The downside, though, is that I'll have to find another job in the UK, that I will then leave as soon as everything goes through. Plus it's an awful lot of upheaval for a pregnant woman/family with baby.
Option 3 would be ideal, except right now we do not have a lot of cash to burn. $3000 plus another $1000 to USCIS, plus I'm sure medical checks and sundries will hit us for another $1000 at least. On top of this, I'm going to be twiddling my thumbs for 90 days. I'll go mad.
Option 2 is far more affordable, given our situation. However, it carries the risk of us mucking it up. The people at NVC said that we really did not need a lawyer do do this, but I'm not so sure. The consequences of hitting the "why were you in the country?" hurdle could be quite severe. On top of which, we could end up delaying everything further if we make mistakes. Plus I still can't work until I get the EAD!
-------------------------
Questions
Thanks!
We finally got to see the lawyer.
He said pretty much what we expected. Eyebrows will be raised about my presence in the country, but our circumstances are pretty much a "textbook case" for making an allowance.
According to him, we have essentially three options available to us.
- Consular Processing. Go back to the UK and wait for the process to run as usual. This will take several months. My wife can return as a visitor, but she won't be able to work. Not that she can now, anyway.
- Adjustment of Status. File for this, plus the right to leave the country during the process, plus an Employment Authorisation Document. I should be able to work by December. We'd expect the final interview for the AOS to take place in, say, nine months.
- Adjustment of Status, with Legal Assistance. As above, but it'll cost us $3000 for him to do most of the work for us. He'd go with us to the interview.
Each of these options is tempting to us for different reasons.
Option 1 is close to what we initially planned, except the procedure is longer than we anticipated, so my wife would come back with me to wait. The downside, though, is that I'll have to find another job in the UK, that I will then leave as soon as everything goes through. Plus it's an awful lot of upheaval for a pregnant woman/family with baby.
Option 3 would be ideal, except right now we do not have a lot of cash to burn. $3000 plus another $1000 to USCIS, plus I'm sure medical checks and sundries will hit us for another $1000 at least. On top of this, I'm going to be twiddling my thumbs for 90 days. I'll go mad.
Option 2 is far more affordable, given our situation. However, it carries the risk of us mucking it up. The people at NVC said that we really did not need a lawyer do do this, but I'm not so sure. The consequences of hitting the "why were you in the country?" hurdle could be quite severe. On top of which, we could end up delaying everything further if we make mistakes. Plus I still can't work until I get the EAD!
-------------------------
Questions
- Does $3000 sound reasonable? I think it is, given the amount he'll be doing for us, but perhaps we'd be better off trying to find a half-way mark between options 2 and 3.
- What about the rest of the costs?
- Would you guys say that a lawyer was really a definite necessity--would you get one if you were in our shoes?
- Do the timescales seem reasonable to you? For example, do people really wait 90 days for the EAD, or is it usually more like 30?
- Have any of you heard of any sponsors having problems with going to visit their spouse during the immigration process?
- Can you think of any other hiccups, hurdles or details we've not noticed?
Thanks!
Aug 24th 2006, 9:56 pm
#42
Account Closed
Joined: Mar 2004
Posts: 2
Re: Expediting A Spousal Visa & Other Questions
[*]Does $3000 sound reasonable? I think it is, given the amount he'll be doing for us, but perhaps we'd be better off trying to find a half-way mark between options 2 and 3.[*]What about the rest of the costs?
Do not know, did it myslef.
[*]Would you guys say that a lawyer was really a definite necessity--would you get one if you were in our shoes?
I would want one with me at the interview, but I am cautious by nature.
[*]Do the timescales seem reasonable to you? For example, do people really wait 90 days for the EAD, or is it usually more like 30?
EAD think mine was 80 days but there or there about. AOS varies by where you are, I presume he knows local timing. You can double check it on www.visajourney.com
[*]Have any of you heard of any sponsorees having problems with going to visit their spouse during the immigration process?
Yes, but usually they have had other issues.
[*]Can you think of any other hiccups, hurdles or details we've not noticed?[/list]
Sounds like you need a co-sponsor for the missus. Advanced Parole will take about 3 months to get, jabs needed would be free in the UK, Medical will probably run you $300 judging from what I have seen mentioned here, all the form fees are on the USCIS site. I never kept count, anyway the biggest by far was lost income and then flight costs. True cost was probably something north of $20k - ouch.
What are you doing for US Health insurance?
Do not know, did it myslef.
[*]Would you guys say that a lawyer was really a definite necessity--would you get one if you were in our shoes?
I would want one with me at the interview, but I am cautious by nature.
[*]Do the timescales seem reasonable to you? For example, do people really wait 90 days for the EAD, or is it usually more like 30?
EAD think mine was 80 days but there or there about. AOS varies by where you are, I presume he knows local timing. You can double check it on www.visajourney.com
[*]Have any of you heard of any sponsorees having problems with going to visit their spouse during the immigration process?
Yes, but usually they have had other issues.
[*]Can you think of any other hiccups, hurdles or details we've not noticed?[/list]
Sounds like you need a co-sponsor for the missus. Advanced Parole will take about 3 months to get, jabs needed would be free in the UK, Medical will probably run you $300 judging from what I have seen mentioned here, all the form fees are on the USCIS site. I never kept count, anyway the biggest by far was lost income and then flight costs. True cost was probably something north of $20k - ouch.
What are you doing for US Health insurance?
Aug 24th 2006, 10:04 pm
#43
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Expediting A Spousal Visa & Other Questions
What about the rest of the costs?
Would you guys say that a lawyer was really a definite necessity--would you get one if you were in our shoes?
Do the timescales seem reasonable to you? For example, do people really wait 90 days for the EAD, or is it usually more like 30?
Have any of you heard of any sponsors having problems with going to visit their spouse during the immigration process?
Best Wishes,
Rene
