californian

In a perfect world . . . however, many people get to the US and attemp to adjust status . . .

in my personal and humble opinion, it doesn't sound like the strongest case . . . others might disagree and have suggestions on how your husband can *strengthen* his ties to the UK to convince the Immigration Officer (if asked) . . . your best bet, again in my opinion, is to seek advice from an Immigration Attorney

agentpeppermint

Right, My mother is sponsoring him with me as my co. She works for a prominent personal injury law firm here in NY and makes ample income in order to sponsor him.

We will be ok as our house is large enough to accommodate all of us and I do have some income as far as Survivor Benefits from my sons fathers passing. My uncle is looking at putting him into training as a construction/plumbing laborer here in his company and that would be another question. If hes not being paid to train as something... is that still considered work?


and yes Elvira, he wants to live in the US, he could care less what its like here, just as long as he is here with his kids ( our baby and my 2 ) He always jokes that hes watched enough films to know what the US is like... plus were not just going to live in New York, next spring we are planning a cross country trip back to Montana ( where I lived for 10 yrs ) so he will see a good part of the US and the differences in the country's living. If he doesnt like it... we can always go back to England as I absolutely LOVE it there.

Tracym

None of that is an impediment to his getting the visa however.

All he's risking is being turned back at the POE - not sure there's much an attorney could do about that.

First time visitor - he's unlikely to be questioned very much imo.

Tracym

That's good - sounds like you have the finanacial stuff squared away

A person is allowed to volunteer - as long as they are NOT doing something that is normally paid.

If you have someone willing to employ him immediately though, he probably could go ahead and get paid. This one is a little complicated, but here goes...

In theory, someone arriving on a K-1 visa is authorised to work from day one for the duration of that K-1 (90 days from arrival). BUT, they don't have any proof of that. Businesses employing persons are required to see proof of legal work status, and the K-1 folks don't have it. Of course, since it's a family member as the employer, perhaps that isn't a problem.

Some choose to enter the US through JFK when the arrive on the K-1 (my hubby did that) because they get a work authorisation stamp, thus solving the above problem.

So... he can work for 90 days. During that time you get married, and apply for adjustment of status, and along with that work authorisation (EAD). But.... that EAD may take more than 90 days to arrive, thus creating a gap between the expiration of the K-1 and the arrival of the EAD.

Technically, during that time he is not work authorised. But, that is generally forgiven for the spouse of a USC.

The only hitch is that they COULD penalise the emloyer with fines.

Or, he could just take a little vacation during the gap.

gstring

[B]Passengers travelling from Dublin to Chicago can no longer pre-clear customs and immigration in Dublin. To avoid long delays, passengers must now clear customs and immigration in Chicago upon arrival. It is recommended that passengers check-in 3 hours prior to departure.[/B

I'd just check it out. I flew Aer Lingus last year to Chicago and I wasn't pre-cleared. It's the Airport that does the pre-clearance I believe and not the airline. It's also a "rumour" that Shannon do all clearance this side of the flight.

Here is a link...have a look.

http://www.americanairlines.ie/conte...nAirport.jhtml

agentpeppermint

My second trip to the UK was harder getting into. 1st time I flew with US Airways and the Immigration officer was delighted to let me into the country.

However, the 2nd trip was on BA and just before I got to the officer a girl from the US was turned away because she didnt know her boyfriends address as he had just moved into a new flat 3 days prior. On my second trip I stated I was there to visit my fiance's mother ( he wasnt my fiance yet and I stated my friends mother) and it was her birthday which was the truth. I had a letter from her asking me to come for 2 weeks for her birthday. The woman just looked at me like I was lying ( i only left out that james and I had a better relationship than friends ) and then she said, Well HOW did you MEET HER? very loud and rude and I said "on my last visit, my stamps are on page 15" she flipped to page 15 and said OH why didnt you say youd been here before! and stamped the passport... well she didnt ask if id been there before, she just didnt skip back far enough in my passport to see the stamps. She thought I was a 1st time visitor.




Yes he is coming in through JFK ( we were looking at BA flight 1503 since i flew that plane and loved BA service ) JFK is about an hour from me.

californian

My thought was that an Immigration Attorney may be able to suggest ways OP's fiance could demonstrate his ties to the UK and intent to return (I have known Attorneys to have done this in the past).

I agree.

Tracym

Sory, that AA link doesn't work for me. I know that American Airlines does not do the pre-clearance, that's why I mentioned that Aer Lingus generally does.

I don't know why you were not pre-cleared through Aer Lingus - perhaps the computers were down, that can happen at times.

As far as I know, Shannon does have pre-clearance - wiki certainly thinks so:

http://en.wikipedia.org/wiki/Shannon_Airport

They only clear you in Dublin/Shannon for immigration (if they do) - you will still come through an international terminal and go through customs. Full pre-clearance is to be in the new terminal 2 in Dublin when it is completed apparently.


I just found this - I cannot verify it, but it sounds like some flights pre-clear, and some don't:

Due to congestion, US immigration services in Dublin Airport only serve certain flights. Clients with onward connections in the US ought leave sufficient time to clear immigration upon arrival in the US if travelling on the following flights which are not being precleared in Dublin :

American Airlines to Chicago
Aer Lingus to Dulles
Aer Lingus to San Francisco
Aer Lingus to Orlando
Aer Lingus Flight 109 to JFK
Continental Airlines Flight 127 to Newark
US Airways to Philadelphia

Tracym

To the OP - just to be clear:

I was suggesting immigration pre-clearance (Dublin) might be a good idea for the visit when the baby is born.

If he wants a work stamp when he comes over on the K-1, then you do NOT want to do that - his Point of Entry must be JFK in order to get the stamp - they are basically the only POE that issues it.

Noorah101

Approximately 8 to 10 months from filing the I-129F to getting K-1 visa in hand.

London.

Best Wishes,
Rene

Noorah101

If he is elegible to use the VWP, he is allowed to come visit the USA while the K-1 visa process is going on, yes. He should bring plenty of proof of ties to the UK just in case he is asked at the POE.

Rene

gstring

Tracy,

Probably because I was flying in to Chicago.

Noorah101

I know lots of people who have immigrated to the USA who never set foot in the USA before....not a big deal, IMO.

Rene

Tracym

I kow - but my husband (then fiance) flew Aer Lingus into Chicago multiple times and was pre-cleared in Dublin.

It appears some flights work, some don't... I don't personally know how to tell precisely. I suppose if it were me, I would check with the Aer Lingus (and hope they knew).

Elvira

Not a big deal?

I most certainly found it to be a VERY big deal.

For people emigrating from 3rd world countries, emigrating to the US may be a positive step, but I would venture to guess that it still requires a huge cultural adjustment.