jeffreyhy

Yeah, I was tempted to comment on that phrase "the right to get married" also.

Regards, JEff

Skylar Rose

Hello again,

As an update we are getting married in two weeks in NY (and very happy!). Our hope is that we will be able to live together in NY but we are unsure of the best way to go about this. We were initially thinking that we would file the application for me to move out there as soon as we were married. However, I am only going to be in NY for 10 days and am then due to return to the UK (where I currently live and have employment). We then were going to await the visa/greencard process to go through and had thought we would have to endure a period of separation prior to me getting authorisation to live (and work) in NY after which time I would move over. However, we have since been advised by a friend that we would be better not to file the application straight away but wait until I am ready to move over to NY for good (after giving notice in my job and saving for a few more months) and then go out to NY on a regular tourist visa and then file the application once I am there and intend to stay there.

We want to ensure that we are doing the right thing as far as the US legal system goes but we also want to ensure that I am legitimately able to work as soon as possible as our financial situation would require that I do.

If anyone can advise on this we would be really grateful.

civilservant

The route suggested by your friend is illegal. It is illegal to enter the US as a vistor when your intent is to stay and attempt to adjust status. Do NOT do this because a refusal can result in a permanent ban from the US.

The only way you can do what your friend (get a new friend by the way because this one will cause you pain) is suggesting there is with a K1 visa. This will allow you to enter, marry within 90 days, and then adjust status to PR. You will be unable to work until you received the EAD in hand, which will be around 2 months after you file the AOS (after marrying).

Your original suggestion of marrying, returning to the UK and filing the I-130 for a CR1 is the safest and quickest way to allow you to work as soon as you move to the US.

Noorah101

Congratulations! There is only one way to go about this, after you get married. The USC files an I-130 towards your Immigrant Visa. You return to the UK before your 90-day VWP visit is up. When you get your Immigrant Visa in hand (about 8 to 10 months after filing I-130), you then move permanently to the USA. You become a US PR upon entry to the USA. While waiting, you can visit the USA using the VWP.

Correct.

That's OK. 10 days is more than enough time to gather what is needed for filing the I-130.

Correct again. Slight correction...visa/greencard should just read "visa". You won't get the green card until you arrive in the USA using your Immigrant Visa.

This is incorrect. First of all, it wouldn't be the same application. Secondly (and more importantly), it's illegal to misrepresent yourself at the US POE as a tourist, if your real intent is to remain in the USA and apply for adjustment of status (which is what you'd be doing). Your friend is not correct....that is not a better method.

Legally, the correct procedure (in YOUR situation) is to marry, return to the UK as planned, and do an Immigrant Visa process.

My advice is don't follow your friend's advice.

Rene

ian-mstm

I strongly suggest that you get a new friend... the one you have is an idiot.

Ian

Skylar Rose

Thanks for those that have posted constructive advice - much appreciated. We are super keen to make sure we do everything above board and don't put ourselves in a situation where we risk jeopardising our dream - which is to build a life together in the US.

Skylar Rose

Also - forgot to mention that we have booked a medical for me to have whilst in NY as a preliminary step towards what we understand will be needed as part of the application process (i.e. ensuring I am free of TB and other illnesses etc). Is this advisable to have done during my visit or is it something we should wait and do later on? We want to make sure we are as prepared as possible but also we don't want to jump the gun.

slummymummy

You seem very sensible. What your friend is telling you MIGHT work out and yes other people have done it. But it's not worth the risk and worry, so please do follow the advice you have been given on this thread!

Congrats on the wedding-to-be!

You will be able to visit on the VWP while waiting for your visa, but you should bring with you proof of "ties to the UK" to reduce the risk of not being let in...

civilservant

If you want a checkup they are free on the NHS - why spend money in the US?

slummymummy

Medical no that needs to be done in the UK by the designated clinic I think. Others please correct me if I'm wrong.

Skylar Rose

Oh really - so it's not something that has to be done in the US? It would probably be better for me to get it done in the UK (and cheaper) but I wasn't sure if this would be acceptable for the US authorities.

slummymummy

You get told how to book your medical (in London) as part of the visa process so I wouldn't worry about it now!

ian-mstm

Not only is it acceptable, it's mandatory! Your medical must be done by a US immigration-approved doctor.

Ian

Skylar Rose

Do you mean it has to be carried out in the US Ian? Or that there are also doctors in the UK that are US immigration approved?

ian-mstm

Sorry, I wasn't too clear! No, your medical can't be done in the US.


Yes - mostly at Knightsbridge in London. There might be a few dotted about elsewhere, but most go to Knightsbridge.

Ian