brithacker

Firstly, been reading this site for a while, its been a source of inspiration. I hope some members can help me, as so many others have been.

I have my interview at the US embassy on Monday morning (yes its Saturday night). I am all set for that, all paperwork is in order. However.....

When we got engaged I had a regular job, the plan had been to just quit it and move to the US. However I started some consultancy work and that has gone beyond my wildest dreams. I realise the travel restrictions are a problem. I didnt think, I failed to research the fact that I have to stay in the US beyond the wedding. I have a successful business that relies on my ability to travel. How screwed am I ?

Some facts. I was granted the interview date 3 weeks ago, while I was actually in the US on holiday. I have a conference and family event there this coming week, which means I plan on flying out there on Wednesday. Having gone through this on the phone with the embassy I did as instructed and emailed all my business travel details - this was 2 and a half clear weeks before they sent me the 'summons' for interview. In my email I clearly laid out the situation. I am traveling to the US this week for business, returning a week on Sunday, on my way to Bulgaria for a weeks work, then India. I will then work in the UK until 16th November, heading out to the UK for two and a bit weeks and crucially 'the wedding' in front of friends and family. We reconciled sometime ago we would need to get married both personnely and legally. I am then contracted to work in the UK until Christmas (and actually they just asked me to extend that till easter). I intend to spend three weeks in the UK, one in the US. My fiance plans the same, spending some time in the UK.

The thing is, we are both professionals in our mid thirty's with successful businesses. We never imagined that getting married would impact that other than positively. So a few questions.

Will I be able to do the interviews and things on Monday, but get the visa 'deferred' we can still have family wedding, but hold off on the legal wedding till its convenient

How quickly can an parole order be issued ? If we get legally married on Tuesday, can I leave on Sunday ?

I would really value peoples real life experiences as opposed the hysteria thats posted online and rehashing of documents ?

Thanks in advance

J

ian-mstm

Since you're not yet married, I'm guessing this is for a K-1 visa, yes? You have 6 months in which to enter the US after the visa is issued... and then 90 days to get married after you enter the US. Why not just delay travelling to the US until Christmas and get married then.


Once you enter the US on the K-1 visa, you have 90 days in which to get married. You either get married or you leave before the 90 days is up. If you leave, you will not have a way to return and will need to start the process for a new visa. If you marry and leave before receiving Advance Parole, the adjustment process is deemed abandoned and you'll have to start over with a spouse visa.


I think you mean Adance Parole... about 90 days after filing; which you can't do until after you're married.


Yes... but you won't have a way to return to the US, so you'll need to apply for a spouse visa - and that'll take about 8 to 10 months.

Ian

md95065

With hindsight it would probably have been better if you had arranged to get married first and then applied for a spousal visa since in that case you would:

1. still have been able to visit the US while the visa application was in progres
2. become a US permanent resident as soon as you entered the US
3. not have had any restriction on being able to travel outside the US

If you really can't survive being landlocked in the US for the time it takes you to get married and get advanced parole then it might still be a good idea to abandon the fiance visa and go down that route. You can still get married in the US on whatever date you originally intended, it just means that you won't be able to become a US resident for another 9 or 10 months after that date.

brithacker

My thoughts right now are to deal with this at the embassy at the interview, someone must be able to advise a way to deal with this. It seems moronic to be stuck in a country for three months with no work or such. I love her with all my heart, we have this wedding in 58 days, we intent to live in San Jose for the rest of our lives. I just cannot believe it makes a difference staying in the country. we went through so much crap, the seperation kills us, but I cant just kill the business, its our future.

AHHHH this is so frustrating.

jeffreyhy

"Someone" at the embassy may be willing to advise you, but if you rely on their advice and that advice turns out to be incorrect, it's your problem to deal with. If you want good legal advice - and immigration is a legal issue - get your advice from a US immigration attorney.

From what you've posted, I agree with md95065 that you would have been better off applying for an immigrant visa rather than a fiance(e) visa, and to suit your needs you might wind up having to do just that.

Sorry if US immigration law wasn't written with your specific situation in mind.

Regards, JEff

civilservant

It always amuses me when people want to immigrate, but on their terms, and if it dosent suit them well it's the system that's wrong.

I'm afraid it dosent work like that. You comply with the rules or you don't move, simple. In this case I too agree with the above, get married and file for a CR-1, forget the K1.

md95065

Since the interview is already booked it probably would be best to go through with the K1 (to avoid the possibility of the current application turning into a visa denial which could result in ESTA issues for the OP) but never use it.

holly2234

I agree.

OP, you have several months to go to the US on the K1, will there be any time in the near future before the visa expires where you can stay put for 3 months?

Also, since you plan to travel on wednesday, i find it extremely unlikely that your passport will be back in time.

brithacker

Circumstances change. The plan 12 months ago when we got engaged was to keep my regular job (I am an IT security engineer) and quit when the visa came through. I dont want it on my terms, I want the terms to reflect a global economy, the fact that we can be in San Francisco in 10 hours, not 14 weeks and a trip through Panama. When we applied the K1 visa was appropriate. Things have changed very much for the better.

Will Danica and I get married, absolutley, will I be incorporating my company in the US shortly, you bet, we just might have to wait a while for me to actually be able to work in the US, for US companies. Its a pity.

6 months ago we worried about how to pay bills. Now we can pay them, but cant live together. Cest la vie

ian-mstm

Holly2234 brings up an important point... you aren't going to get your passport back immediately. It'll probably take 4-5 business days after the interview to get your passport back... and sometimes up to 2 weeks. C'est la vie!

It's really starting to sound like your plans, however well laid out they might have been, are just not realistic with respect to US immigration. That is not US immigration's fault! Just sayin'.

Ian

brithacker

With regards to Hollys post, thats why I got in contact with the visa section as soon as I learned of the date (near 3 weeks before). With regards to Jeffryhy's post I am not trying to do this on my terms, I cant switch work off, I cant just sit and wait for paperwork to happen at the US government's pace, I need to be able to support my family. My team need to support theirs. We knew that things would never be plain sailing. In this globalised world you cannot just live in a bubble.

ian-mstm

Then you need to alter your plans, because things will move at the US government's pace whether it's convenient for you or not.


I'm completely sympathetic... but the US government doesn't care whether or not its rules/regulations have a negative impact on any... forgive me, alien.

Ian

rebeccajo

Since you are in IT security, maybe you'll get lucky and be put into AP for Mantis and Condor security checks.

That could hold your visa up quite long enough for you to be still in the UK till Christmas and beyond.......

Incidentally, I hope you refrain from saying things like "government pace", "globalized world" or any references to the Suez canal while you are being interviewed. You're forgetting that a visa is a privilege, not some dot.com instant gratification.

RICH

You have your interview Monday. If all goes well, you will be without your passport for a week or two. (No international travel).

You will then have a visa, which you must use within 6 months (international travel allowed in meantime).

You apparently want a family party in the meantime. Fine. (you call it personal wedding - not a good idea to use that description)

Once you "Use" the K1 visa, you must have a legal US wedding within 90 days. Thereafter you can apply for advance parole, which could take 90 days more to be approved. Then you can resume international travel.

Yes it is restrictive. But it is not prohibitive.

brithacker

Well that was easy. All sorted. No lawyers and no problems. Just a frank conversation.

Visa approved, but I retain the passport, complete my existing travel commitments (and get my old second UK passport renewed for EU travel) and then when I am ready, I phone the number they will come and pick up my passport, then return it within the 10 days.

Usual rules apply from that point on, remaining in country during the process, but this time we are managing the process.

Never met a problem I could not solve with plain speaking and openness

BRITHACK