British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Intro! (https://britishexpats.com/forum/marriage-based-visas-35/intro-747258/)

britinnola Feb 3rd 2012 11:49 am
Intro!
 
Hi all!

This is my first post on BE and want to say hello and help!!

I'm a Brit, working in the Middle East and engaged to an American chap...I'm taking a career break for a short while and intend on staying in our home in New Orleans on a 90 day visa waiver.

Firstly, are there any British groups/scene in NOLA?
Secondly, can I marry my fiancee in the US on my current visa status or do I have to apply to marry him in the US?

Apologies for sounding naive, I'm very new to all this!

Thanks in advance for any help/advice! :)

penguinsix Feb 3rd 2012 11:55 am
Re: Intro!
 
Hi

We will probably move this over to the marriage visa section later but wanted to at least say hello first.

Basically, you are not supposed to get married while on the Visa Waiver Program. In reality, it does happen, but there are people who have run into problems doing this when they seek a formal adjustment of status. If you just want to get married to be married, go ahead--head to Vegas. But if you are looking to get married to change your status and remain, then you should do some digging into the problems that might surround that. The folks in the marriage visa section have some good advice on that point.

As for Brits in NOLA, you can check meetup.com as that's a great resource. I'm sure some who are actually down there will write more in a bit once they wake up.

Welcome

ian-mstm Feb 3rd 2012 11:55 am
Re: Intro!
 
Originally Posted by britinnola (Post 9881887)
Secondly, can I marry my fiancee in the US on my current visa status or do I have to apply to marry him in the US?
It is perfectly legal and okay to marry your guy in the US while you're on the VWP - which, by definition, means that you don't actually have a "current visa status" since you don't actually have a visa... if you see what I mean! :)

Ian

ian-mstm Feb 3rd 2012 11:58 am
Re: Intro!
 
Originally Posted by penguinsix (Post 9881896)
Basically, you are not supposed to get married while on the Visa Waiver Program.
What? That's totally wrong. It is perfectly okay to marry while on the VWP.


... there are people who have run into problems doing this when they seek a formal adjustment of status.
Adjusting status is totally separate from getting married. Don't confuse the two!

Ian

paulpur Feb 3rd 2012 11:59 am
Re: Intro!
 
no idea about the scene in New Orleans sorry, but as to your second point about being able to marry your beau in the US on the visa waiver program, yes you can, but this is where it gets dicey, you can marry but not have the intent to stay and adjust status on the vwp
so realistically , it may be better to marry and then apply for the cr-1 visa or apply for the k-1 visa beforehand and then get married in the US, however , if you arent planning on staying in the US it is perfectly fine and legal to marry on the vwp and then leave after your holiday/trip is done

ETA: you guys are way to quick for me, i didnt see you had answered already hehe

penguinsix Feb 3rd 2012 12:00 pm
Re: Intro!
 
Originally Posted by ian-mstm (Post 9881904)
What? That's totally wrong. It is perfectly okay to marry while on the VWP.



Adjusting status is totally separate from getting married. Don't confuse the two!

Ian
Yea, I was editing my post after seeing your first comment and realizing marriage for marriage's sake is cool, just the aos stuff is problematic.

britinnola Feb 3rd 2012 12:02 pm
Re: Intro!
 
Thank you for the welcome, much appreciated!

Thanks for the advice also....I've been researching the Immigration regs for the US and will consult an Immigration Lawyer when I return 'home' in a few weeks time; I want to do this the correct way....it's far easier getting a visa to live and work in Afghanistan (where I'm currently working) than it is for the US....oh well, it'll be worth it in the end! :)

Thank you, once again.

britinnola Feb 3rd 2012 12:04 pm
Re: Intro!
 
Paulpur et al,

Thank you! I will be staying for a couple of months then returning to AFG on a new assignment so blokey and I will begin the next step while I'm away.

Thank you so much, you've put my mind at ease.

paulpur Feb 3rd 2012 12:05 pm
Re: Intro!
 
you may want to check out the CR-1 , K-1 and the CR-1 vs K1 comparison wiki's on this site, hopefully those will help you to better understand the situation :)

http://britishexpats.com/wiki/CR-1

http://britishexpats.com/wiki/K1

http://britishexpats.com/wiki/Compar...ge-based_visas

ETA: just seen your new post, if you are getting married whilst here on your holiday and returning to AFG , then it will be the CR-1 visa you will be looking to read up on :)

ian-mstm Feb 3rd 2012 12:07 pm
Re: Intro!
 
Originally Posted by penguinsix (Post 9881907)
Yea, I was editing my post after seeing your first comment and realizing marriage for marriage's sake is cool, just the aos stuff is problematic.
:) No worries!

Ian

britinnola Feb 3rd 2012 12:11 pm
Re: Intro!
 
Thank you, Paulpur, you've been most helpful! :)

ian-mstm Feb 3rd 2012 12:11 pm
Re: Intro!
 
Originally Posted by britinnola (Post 9881911)
I've been researching the Immigration regs for the US and will consult an Immigration Lawyer when I return 'home' in a few weeks time...
Why? I'm willing to bet that your lawyer hasn't immigrated to the US, whereas pretty much everyone here has... and has genuine experience to back it up! Unless you have a criminal history or a previous US overstay, it's a fairly simple and straightforward process, albeit time consuming.


I want to do this the correct way...
Y'see... this is what I mean. There is more than one correct way! :)

Ian

britinnola Feb 3rd 2012 12:16 pm
Re: Intro!
 
Ian, I was advised to consult a Lawyer....we have a friend who is willing to help us for..ahem...free (I know, no such thing as a free lunch and all that!!) I'll listen to advice from you all too, I'm certainly not dismissing anything! :)

Thanks anyway, more food for thought ;)

paulpur Feb 3rd 2012 12:17 pm
Re: Intro!
 
you are very welcome :)

i agree with Ian, the forms may be a pain in the butt and time consuming, but once you learn a little about the process , it is fairly straightforwards and very doable yourself without a lawyer, unless there are other issues in your history that can complicate things lol..although, free legal help wouldnt hurt hehe
quite a few of us on here did the process ourselves and this place is also a great resource whilst going through the journey

britinnola Feb 3rd 2012 12:18 pm
Re: Intro!
 
Oh, and I have no criminal record (can't afford to with my job!) and have never overstayed in the US (sadly, work calls me back after a few weeks :( )

Noorah101 Feb 3rd 2012 1:08 pm
Re: Intro!
 
Will your USC husband stay in the USA when you return to Afghanistan?

Is he in the US military?

How long will your assignment be in Afghanistan when you return there?

Where do you plan to do your Immigrant Visa interview? London?

Rene

(best to have a mod move this to the US Marriage-Based Immigration forum, please)

britinnola Feb 3rd 2012 1:20 pm
Re: Intro!
 
Hi Rene,

My soon to be husband will stay behind in the US, he's a retired US Marine and now working for the DoD. My assignment is for as long as I want to be in Afghanistan, I'm about to enter into my fourth year of being here!!

For the interview, I assumed I would have that in London although I have connections at the US Embassy in Kabul so I may be able to have it there.

Sorry for posting this in the wrong section!!

penguinsix Feb 3rd 2012 1:29 pm
Re: Intro!
 
Originally Posted by britinnola (Post 9882006)
Sorry for posting this in the wrong section!!
No you posted it fine. We just moved it because we the folks in this forum have really been there, done that when it comes to marriage and can help you better.

britinnola Feb 3rd 2012 1:35 pm
Re: Intro!
 
Originally Posted by penguinsix (Post 9882018)
No you posted it fine. We just moved it because we the folks in this forum have really been there, done that when it comes to marriage and can help you better.
Thanks, Penguinsix, I feel much more confident about the whole process just from the few replies from the other members....its one worry I don't need but appreciate it is a time consuming process however, it will be worth it in the end and no doubt I will be asking more questions further down the line.

Thanks once again to you all! :)

jeffreyhy Feb 3rd 2012 1:58 pm
Re: Intro!
 
Both are smart moves. It's always a good idea to have a consultation with a US immigration attorney when getting started. You may not want or need to hire the attorney, but you'll get some good information and advice in a consultation.

Be careful about calling the USA " 'home' ", even using the apostrophies, until the USA really does become your home. You never know if someone in authority might take it the wrong way and make inquiries that could cause unnecessary delay. So break the bad habit to eliminate the possibility.

Regards, JEff

Originally Posted by britinnola (Post 9881911)
I've been researching the Immigration regs for the US and will consult an Immigration Lawyer when I return 'home' in a few weeks time;

Noorah101 Feb 3rd 2012 2:02 pm
Re: Intro!
 
Originally Posted by britinnola (Post 9882006)
My soon to be husband will stay behind in the US, he's a retired US Marine and now working for the DoD. My assignment is for as long as I want to be in Afghanistan, I'm about to enter into my fourth year of being here!!
So are you free to leave Afghanistan any time you like? The reason I ask, is that the Immigrant Visa process will take about 8 - 10 months. You'll need to be back in the UK for your medical and visa interview (they don't happen at the same time, so unless you move back to the UK, you'll have to go back and forth a couple of times...might be a hassle). The best thing to do is finish your assignment in Afghanistan once you have an LND case number (which happens about 6 or 7 months after filing the I-130). At that time, move back to the UK, get your police report, get your medical done, and then wait for your visa interview date in the UK. I just wanted to see if there is a specific date you must stay until in Afghanistan, so you don't get into a situation where everything is ready to go but you can't leave yet.

For the interview, I assumed I would have that in London although I have connections at the US Embassy in Kabul so I may be able to have it there.
I think London would be MUCH better.

Rene

britinnola Feb 3rd 2012 2:27 pm
Re: Intro!
 
Originally Posted by Noorah101 (Post 9882065)
So are you free to leave Afghanistan any time you like? The reason I ask, is that the Immigrant Visa process will take about 8 - 10 months. You'll need to be back in the UK for your medical and visa interview (they don't happen at the same time, so unless you move back to the UK, you'll have to go back and forth a couple of times...might be a hassle). The best thing to do is finish your assignment in Afghanistan once you have an LND case number (which happens about 6 or 7 months after filing the I-130). At that time, move back to the UK, get your police report, get your medical done, and then wait for your visa interview date in the UK. I just wanted to see if there is a specific date you must stay until in Afghanistan, so you don't get into a situation where everything is ready to go but you can't leave yet.


I think London would be MUCH better.

Rene
Thanks, Rene. I can travel to and from London (gives me a good excuse to have a little break from work!) for the interview and medical. I'm planning on staying in AFG for as long as I'm needed. However, I'm advised by a US legal eagle here in Kabul that I can obtain an Interpol/Afghan Ministry of Interior report (just had an Interpol check for my new visa) and have the application handled in Kabul....I'll weigh up the options as to what works best for me.

I'm free to leave AFG whenever I choose, I'm a civilian so not tied by a military order. Travel is no issue either, I'm used to days of traveling between AFG and the US!

Its all so daunting but exciting at the same time!! I notice you're from Iran?

Noorah101 Feb 3rd 2012 2:33 pm
Re: Intro!
 
Originally Posted by britinnola (Post 9882096)
Its all so daunting but exciting at the same time!! I notice you're from Iran?
Check out the I-130 form (www.uscis.gov, Forms); I think it asks where the intending immigrant will have the visa interview. The US Embassy on the I-130 is where NVC will send the file, so choose the correct one before sending off the I-130....it's a hassle to transfer later.

My husband is from Iran, I'll send you a private message. :)

Rene

britinnola Feb 3rd 2012 2:37 pm
Re: Intro!
 
Thanks, Rene... :)


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