nicola phillips

Hello folks,

It's a long time since I have been here. I first starting posting on here when my now husband and I were researching immigration and many of you supported me through them dark dismal days when I could see nothing but doom. You will be pleased to know that we are now married and my husband is here in the UK with me and working.

OK.. now.. I need a little advice.

I am looking far ahead... to about....nine years from now. Matt and I want to move back to the states then. I have three children here in the UK and once the youngest is 16 were giving him the choice to stay here with his father or move to the states.

Now I was told that because Matt and I got married in America we could go home on the visa waiver and Matt could look for work and I simply change my status. I was told as long as we had a home and a job we would be ok... is this right?? We were told that we should thank ourselves lucky that we got married in America and not the UK because it's much easier to move to the states that way.

For those of you who maybe confused I am the brit Matt is the american.

Any advice would be greatly appreciated.

Nicky

Lucy

"nicola phillips" <[email protected]> wrote in message
news:[email protected]...
    > Now I was told that because Matt and I got married in America we could
    > go home on the visa waiver and Matt could look for work and I simply
    > change my status. I was told as long as we had a home and a job we
    > would be ok... is this right?? We were told that we should thank
    > ourselves lucky that we got married in America and not the UK because
    > it's much easier to move to the states that way.

I'm very confused by the advice you've been given. It doesn't make any
difference where you were married, as long as your marriage certificate is
deemed acceptable by immigration. (A British marriage certificate is fine.
We got married in the UK and had no problems).

As for the visa waiver, you can't use it if you plan on staying in the US.
It is for non-immigrant purposes. It is true that if you have a house in the
UK and a job in the UK, you will be more convincing in your lying to the
immigration officer. They may believe that you only plan on staying in the
US for up to 90 days and let you in. It's not legal though. If you want to
make a visit to the US so that your husband can look for a job, then you can
probably do that on a visa waiver, but if the immigration officer suspects
that you intend to stay, you won't be allowed in. Being denied entry could
cause problems if you then tried to get a visa.

In your situation, I think you need a K3 visa to immigrate as the spouse of
a US citizen. Others here may have more information about that.

Since you're eligible to immigrate legally, I don't see any reason why you
would even try to enter the US illegally.

Lucy

Jon1905

I have a cousin Nicola, who lived on the east coast, who I'm sure married a Matt.. Can't for the life of me recall the married name though..

Don't suppose you've got a sister named Elizabeth?

~ Jon A.

Bluegrass Lass

I've looked into this a little bit, and if Matt has established residency in the UK, he can apply for an IR or CR visa (or something like that - I can't quite remember). Basically means that you don't have to do the K3 spousal visa route. Look this up on the CIS website. Unfortunately it has been quite a while since I looked up this info so I can't remember the specifics. I do remember reading that it could still take a few months for approval - and I believe the visa goes directly through the US consulate in London.

I know this wasn't much help, but I hope it gives you some direction on where to begin a search!

Sunny

nicola phillips

Yes thankyou so so much for your help... I will look into it further

Your help has been much appreciated.

Nicky

nicola phillips

No Jon I do not have a sister of that name. Do you know where abouts?

Jaj

    >On Mon, 13 Oct 2003 13:03:26 +0000, nicola phillips <[email protected]> wrote:
    >Hello folks,
    >It's a long time since I have been here. I first starting posting on
    >here when my now husband and I were researching immigration and many of
    >you supported me through them dark dismal days when I could see nothing
    >but doom. You will be pleased to know that we are now married and my
    >husband is here in the UK with me and working.
    >I am looking far ahead... to about....nine years from now. Matt and I
    >want to move back to the states then.

Your husband should make a point of becoming a British citizen by
naturalisation once eligible. Requirements if married to a British
citizen are 3 years legal UK residence and he needs to have indefinite
leave to remain. It sounds like you'll have plenty of time to get
this done before you're ready to leave the UK.

http://www.ind.homeoffice.gov.uk

He won't lose his US citizenship.
http://www.richw.org/dualcit/

    >Now I was told that because Matt and I got married in America we could
    >go home on the visa waiver and Matt could look for work and I simply
    >change my status. I was told as long as we had a home and a job we
    >would be ok... is this right?? We were told that we should thank
    >ourselves lucky that we got married in America and not the UK because
    >it's much easier to move to the states that way.

I wouldn't assume anything like that. Visa-waiver status is for
normal tourist entry only and it's difficult or impossible to change
status.
http://travel.state.gov./vwp.html

Laws and processes for spouse migration to the US could well be
different in the future. Currently, look at:
http://travel.state.gov./spouse_fiance(e).html

Jeremy
This is not intended to be legal advice in any jurisdiction