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Help!!what visa?

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Old Sep 15th 2008, 6:00 am
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Default Help!!what visa?

Help!!! I'm am intending to marry my fiance in florida,usa,but not until june next year,we have been seeing each other for 18 months now,this year i have been over twice,totalling 36 days.I am wanting to depart from england in 4-6 weeks,i also want to work,i am wanting to know what visas are required if any? i am a fully qualified carpenter with papers.any help would be gratefully recieved
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Old Sep 15th 2008, 6:04 am
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Default Re: Help!!what visa?

Originally Posted by looloo1
Help!!! I'm am intending to marry my fiance in florida,usa,but not until june next year,we have been seeing each other for 18 months now,this year i have been over twice,totalling 36 days.I am wanting to depart from england in 4-6 weeks,i also want to work,i am wanting to know what visas are required if any? i am a fully qualified carpenter with papers.any help would be gratefully recieved
4-6 weeks?.............

Fiance visa - K1

Spousal visa - CR1

Budget 8-10 months for either (plus 2-3 months for getting EAD after filing for AOS if you go the K1 route)

Check the Wiki for details.
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Old Sep 15th 2008, 6:16 am
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Default Re: Help!!what visa?

Originally Posted by Elvira
4-6 weeks?.............

Fiance visa - K1

Spousal visa - CR1

Budget 8-10 months for either (plus 2-3 months for getting EAD after filing for AOS if you go the K1 route)

Check the Wiki for details.
The K-1 visa allows you to come to the US with the intent to marry. The minimum I've heard of to get that visa is 5 months - more likely 6-10. You could possibly visit the US during this time, but you would have to bring plenty of proof of ties to the UK to show your intent to return.

Once you get the visa, you must use it to enter the US within 6 months.

Once you enter the US, you must marry within 90 days.

If you enter through JFK you might still get a stamp which allows you to work immediately for the first 90 days. However... after you are married you still have to apply for the EAD (work permission). Depending upon how quickly you get married and submit the paperwork, and how quickly USCIS responds, you might have a gap in work authorization between the end of the 90 days and the arrival of the EAD.

If your concern is to be able to work immediately, you might want to do the other option Elvira mentioned - get married on a visit here (or in the UK) and apply for the CR1 spousal visa. Takes about the same amount of time, but you will be work authorized from day 1.
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Old Sep 15th 2008, 6:18 am
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Default Re: Help!!what visa?

Originally Posted by Tracym
If your concern is to be able to work immediately, you might want to do the other option Elvira mentioned - get married on a visit here (or in the UK) and apply for the CR1 spousal visa. Takes about the same amount of time, but you will be work authorized from day 1.
and you wont be able to live in the US while it's being processed. Right?
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Old Sep 15th 2008, 6:29 am
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Default Re: Help!!what visa?

Originally Posted by Duncan Roberts
and you wont be able to live in the US while it's being processed. Right?
Right, sorry if I was confusing.

The OP might be able to visit the US for up to the 90 days allowed on the VWP while awaiting either the K-1 or spousal visa, but could not live here or work.

The difference is - if he arrived (after the 6-10 months estimated) on the spousal visa, he could THEN work from the first day of arrival.
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Old Sep 15th 2008, 6:30 am
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Default Re: Help!!what visa?

Originally Posted by Tracym
The K-1 visa allows you to come to the US with the intent to marry. The minimum I've heard of to get that visa is 5 months - more likely 6-10. You could possibly visit the US during this time, but you would have to bring plenty of proof of ties to the UK to show your intent to return.

Once you get the visa, you must use it to enter the US within 6 months.

Once you enter the US, you must marry within 90 days.

If you enter through JFK you might still get a stamp which allows you to work immediately for the first 90 days. However... after you are married you still have to apply for the EAD (work permission). Depending upon how quickly you get married and submit the paperwork, and how quickly USCIS responds, you might have a gap in work authorization between the end of the 90 days and the arrival of the EAD.

If your concern is to be able to work immediately, you might want to do the other option Elvira mentioned - get married on a visit here (or in the UK) and apply for the CR1 spousal visa. Takes about the same amount of time, but you will be work authorized from day 1.
Originally Posted by Tracym
If your concern is to be able to work immediately, you might want to do the other option Elvira mentioned - get married on a visit here (or in the UK) and apply for the CR1 spousal visa. Takes about the same amount of time, but you will be work authorized from day 1.
If his intention is to work as a carpenter, and he needs to work to be able to live when he get's here, he may want to reconsider or think about what he's going to be able to do besides carpentry when he's here. I know a few carpenters, and right at the moment they're all just about holding on with small stuff, or struggling to hang in there with the work situation in construction as it is here, Tracy.
Of course, if he goes the K1 route, it could have changed a bit in that time
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Old Sep 15th 2008, 6:35 am
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Default Re: Help!!what visa?

Originally Posted by looloo1
Help!!! I'm am intending to marry my fiance in florida,usa,but not until june next year,we have been seeing each other for 18 months now,this year i have been over twice,totalling 36 days.I am wanting to depart from england in 4-6 weeks,i also want to work,i am wanting to know what visas are required if any? i am a fully qualified carpenter with papers.any help would be gratefully recieved
You can't legally move to the US 4-6 weeks from today.

If you want to move to the US, and you want to marry your US citizen fiance, the appropriate visa is called a K-1 (please see the wiki here for more details).

You could also start reading in the marriage-based visa forum here.
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Old Sep 15th 2008, 6:39 am
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Default Re: Help!!what visa?

Originally Posted by englishinfl
If his intention is to work as a carpenter, and he needs to work to be able to live when he get's here, he may want to reconsider or think about what he's going to be able to do besides carpentry when he's here. I know a few carpenters, and right at the moment they're all just about holding on with small stuff, or struggling to hang in there with the work situation in construction as it is here, Tracy.
Of course, if he goes the K1 route, it could have changed a bit in that time
I'd agree, I said he could work - as in he'd be allowed to work. Finding a carpentry job might be a very interesting trick just now
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Old Sep 15th 2008, 6:39 am
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Default Re: Help!!what visa?

Originally Posted by Tracym
I'd agree, I said he could work - as in he'd be allowed to work. Finding a carpentry job might be a very interesting trick just now
Wait for a hurricane and the required roofers?
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Old Sep 15th 2008, 6:41 am
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Default Re: Help!!what visa?

Originally Posted by meauxna
Wait for a hurricane and the required roofers?
Well yes, true, might be a few jobs in Texas soon.
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Old Sep 15th 2008, 6:46 am
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Default Re: Help!!what visa?

Originally Posted by meauxna
Wait for a hurricane and the required roofers?

Thanks for the vote of confidence, we're still only half way through hurricane season
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Old Sep 15th 2008, 6:48 am
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Default Re: Help!!what visa?

Originally Posted by Tracym
I'd agree, I said he could work - as in he'd be allowed to work. Finding a carpentry job might be a very interesting trick just now

Very interesting indeed. If anyone finds the secret to that trick, they could sell it on the internet right now, the way things are they'd be able to retire and never have to lift a saw or hammer ever again
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Old Sep 15th 2008, 11:23 am
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Default Re: Help!!what visa?

Originally Posted by looloo1
I am wanting to depart from england in 4-6 weeks,i also want to work,i am wanting to know what visas are required if any?
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Old Sep 15th 2008, 12:03 pm
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Default Re: Help!!what visa?

Originally Posted by looloo1
I am wanting to depart from england in 4-6 weeks
Well... at least you live up to your name!

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Old Sep 15th 2008, 8:19 pm
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Default Re: Help!!what visa?

Do not be tempted by the fact that you want to be there in 4-6 weeks to break any of the rules. Whichever visa you choose to go to America follow the regulations to the letter otherwise you WILL get into a huge mess with the immigration authorities - there are many posts on this forum to that effect. Make sure you read British Guys timeline link on the bottom of his post as it is an excellent help to give you an idea of the process and how long it takes. Good luck.
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