Impel

Hi all,

So like most of you on this forum I am currently finding myself in a bit of a predicament with the US immigration system.

A little back story, I am a UKC with a USC girlfriend. We both met at the same university in the UK at the beginning of our final year in 2011 (she did her entire degree in the UK)

She had to return to the US in October 2012 due to the UK scrapping our graduate visa (similar to OPT). I decided that I would try and move with her to find a work visa in November. As a recent grad with no experience this became almost impossible. I was there for 5 months as a tourist (in 2 months, left for 2 weeks, stayed for 3 months) where I managed to instead find an internship and get myself a J1 visa for a year. I returned to the UK in April 2013 to file the papers and arrived back in the US with my visa at the end of May.

Unfortunately when it came to April 2014 for H1B filing my company couldn't sponsor but by this time I did have interest from other firms due to my experience. But by the time it would take to sort everything out the H1B window had closed - and even if I had managed to find sponsorship it is still subject to the cap. This year 175k people applied for 65k spaces.

This meant as of Monday June 30th 2014 I had to return to the UK alone. We want to be back together but are now weighing up our options. We have tried not to go down the marriage route but faced with current events it may be our only option.

We see ourselves spending our lives together but if this were an "ordinary" situation would not be getting married for another 3 or more years. However it is looking more and more likely we would have to push forward our wedding to some point in the immediate future.

We are a bonafide couple that has been in a relationship for almost three years, however in the eyes of the USCIS there are some red flags I fear we would raise. We do not and will not have some of the major documents that would support our case. We are still young so aren't that established in terms of some of the requirements.

Starting off with the wedding this would be a private ceremony in the US or UK without parents or friends (no reception and all that hoo-ha). Then we move on to our living arrangements, since I would be in the UK and her in the US whilst we wait for this to be approved we obviously aren't living together. We have lived together in the past just not on paper, in the UK I moved in with her for 5 months and in the US I had a place I sub-letted but the leases were in our respective names, not joint. It didn't make sense for us to live together in the US because I didn't want to leave her in a place alone if I had to leave.

We don't have a joint bank account, although I have a SSN so we could open one but we do not have utility bills. The evidence we do have is our degrees from the same UK university, three years worth of photos of us together from both sides of the pond and various trips we have taken together. This includes Bali, the Caribbean, Europe and the US- given that we have traveled half way across the world together shows we are legitimate. There are also pictures of us with both of our families.

I don't want to go down the fiancé route as I don't want to be out of work in the US. I'd like to get married, immediately submit our papers, get approval and then be ready to start our life together in the US. I'd not try to adjust status whilst in the US but return to the UK to continue to work until I can come back.

Is this realistic and given the evidence we do have will it be enough to support our case?

***Edit: I forgot to mention that she is from a Jewish family and I am not. They aren't devout and only celebrate the High Holidays as a way to have the family together for a large meal, she hash't been to a synagogue in 10 years. I know different religions can sometimes raise suspicions***

Nutmegger

I don't quite understand your reasoning -- you are surely still going to arrive without a job if you go for the spouse rather than the fiance visa? You can arrive on the K-1, marry immediately, and start to size up the job situation while you await your employment authorization. Good luck, whichever route you choose.

Impel

Since I've already had a good 18 months to size up the job situation in the US I know what my options are. My reasoning is I simply don't want to have to wait months before I get my employment authorisation in the US whilst unable to earn anything during that period. I've been in limbo land far too many times...

I would like to be able to A) once approved walk in to a job B) find any job to tide me over until I can get my career job C) freelance to tide me over

ian-mstm

A marriage is all that's required. The US government has no interest in whether or not it's a fancy affair or a private ceremony with no one other than the two of you present.


Living together is not a requirement.


A joint bank account is not a requirement.


Generally speaking, this is sufficient to demonstrate a relationship.


Yes.


My wife and I are also an interfaith couple. It's not an issue with respect to US immigration.

Bottom line - nothing you've presented here indicates a problem of any sort.

Ian

Impel

Result! Thanks Ian, how long have you been in the US?

RICH

The only major document you are missing is a marriage certificate. Otherwise your situation is fairly normal, and quite straightforward.

ian-mstm

Funny you should ask! I entered the US on April 1, 1998... and I've been here ever since! Here's a post you might find interesting from just over a week ago. In May, Sheila and I celebrated our 16th wedding anniversary.

Ian

Pulaski

The OP has correctly noticed that there is a necessary gap in employment if you use the K-1 visa (a minimum of 60-90 days effectively if I understand the K-1 timeline correctly). Whereas on a CR-1/IR-1 you can arrive, clear immigration, ... and report to work. I myself started work in the US just twelve days after leaving my last job in the UK.

Pulaski

I believe an officiant is also required.

augigi

Depends if he'd rather be apart for longer while waiting for the CR1 or be together while waiting 60 days for an EAD.. it is not a long time to wait.

Nutmegger

And as we have seen from many recent threads about job hunting, you were one of the very lucky ones.

Pulaski

Not lucky, I planned ahead, though granted it might not be so easy today. I had job lined up before I arrived, and in fact had three offers in progress on the day I had my visa interview. Once I had my visa in hand I notified the recruitment agent and moved forward with the most promising opportunity.

Nutmegger

Then fortunate, perhaps? Many people try to plan ahead, but still have difficulty securing employment.

Impel

As most of us know these days finding work can be a combination of luck and being in the right place at the right time.

I found that on my J1, I originally started at a pretty lousy company and then saw an opening for a better paid internship at my dream firm. I already knew a few people there, sent an email - interviewed on a Friday, offer on a Monday, transferred my visa over in a week, job done. They needed someone quickly and there I was, no hassle (kind of).

Thats why I want to have my work permit in place before I even move, I want to just be able to be as attractive to an employer as possible and not say "great, slight problem I can't start until my visa is approved, might be another three months...."

Another reason why it was so hard to find work on a H1B as I could only apply for the visa in April, then IF (and only if) I got pulled from the lottery could I work for them come October. Thats six months in-between getting a job offer and starting work.

ian-mstm

If you're getting a family-based visa, this will be impossible. You'll be authorized to work the day you enter the US if you have an immigrant visa, but you can't have a work permit in place before you move.

Ian