DBP

Hi all,

So I guess there have been MANY posts like these... and individually there are probably also many that can answer all of the questions that I have but it all feels so overwhelming so I'm hoping that some of you friendly readers are able to help me.

Last month, I (British Citizen living in England) married my American husband in Texas. We're now planning for me to move to the US to be with him. We opted to marry first to then apply for a spouse visa rather than going down the finance route. We decided to not rush in sending any applications off, so I could return to England and apply to get have my passport and drivers license changed while returning to work and changing my name everywhere else needed. Now most of that is done, we need more advice on our application.

I have a few questions, in terms of us getting ready to now apply for a spousal visa for me to move to the US:

• What options do I have to stay in the US while we wait for the application? I am wanting to spend this time getting to know my new home, hopefully doing a little bit of travelling and just being around my husband when he is home from work. I totally understand I'm unable to work until my visa and work permit is granted, but this is a choice that I'm happy to make in order to be near my husband. Additionally to that, we have plenty of evidence. Pictures, emails, texts, marriage pictures, many flight receipts (do people just send flight confirmation emails for this?).
• Should we also have friends/family close to us write affidavit of support?
• What I also wanted to know, is whether you HAVE to send in a copy of your police record. I don't have a police record or any kind of criminal background, so I'm just wondering if this is something that 100% needs to be done. I know how to apply for a copy online - so that is fine if I have to.

I've spent hours reading on many different websites, and hundreds of forums here on this site too. I just feel like now its come to it, everything has flown over my head and I need reassurance on what is what.

If I think of any additional questions I'll be sure to ask more.

Thank you in advance for any answers you may have for me!

civilservant

None. You can visit for 90 days on the VWP, but you cannot live in the US without an appropriate visa to do so. More than one back to back 90 day trip is likely to have negative consequences.

Be aware the visa will take 12-18 months to process.

No need when you have the other evidence you mentioned.

100% required, to check if you do have any criminal background.

Pulaski

(1) Exactly the same rights to use the VWP as before, so max 90 days at a time, and you might be refused entry if you try to spend too long in the US.

(2) Won't hurt, but I don't believe is it strictly necessary. It would be a good idea if you have never lived on the same continent before.

(3) Yes, absolutely - you MUST obtain the report that shows there is no record of you in the police databases and send it with your application.

DBP

Hi, thanks for the quick response!

I'm sure I had read that there was a waiver you could apply for to stay in the country during the visa application. So that's a shame. I've been visiting the US every month for a while now.

I will get my police record requested - thanks.

civilservant

Not sure where you heard that - perhaps the K3 visa? This has been obsolete for some time.

You might continue to visit every month for the entire time, or you might get stopped the next time you try to enter. It's always the risk you take.

DBP

Thank you for your response! That's good to know. I wouldn't want to get in any kind of trouble, so I'm glad I've had confirmation. We have never lived on the same continent, so may get that just for an extra. I'll also get the police report requested, thank you.

Pulaski

That is true for a few visas, under some circumstances, primarily renewals, but not a CR-1, and adjusting from a K-1 to permanent resident also requires that you remain in the US.

There are people who flout the rules and try to apply for a CR-1 "in country", which has some significant cost and time implications, and those who try that route are effectively land-locked because if they leave the US they are out of visa status, meaning in the country illegally, and on leaving get a ban from returning notwithstanding their CR-1 visa in process. You would also be a non-person, unable to work, unable to get a SSN, unable to register for healthcare, and would have to pay for a lawyer to handle your case which is clearly outside the rules for how the CR-1 visa process is designed to work. …… So please don't even think about that route.

MidAtlantic

Web forums are useful (especially BE ) but be aware of the official sources of information: https://uk.usembassy.gov/visas/famil...tion/overview/

DBP

I wouldn't want to do anything illegal or that would get me in trouble, so I wouldn't go down this route.

DBP

Also another question - when submitting our marriage certificate, does it have to be the original or will a photo copy do?

Pulaski

It must be one of the ones that you obtain directly from the registrar. The true "original" is retained by the registrar, but you can obtain as many copies from the registrar as you like, and they are effectively all originals, because they are as close to an original as anyone can get.

MidAtlantic

From the source I linked above:
Marriage Certificate: If you are/were married you must present an original or certified copy. You must also present proof of the dissolution of any previous marriage, such as a death certificate, divorce decree or evidence of annulment.

Noorah101

A photocopy of your marriage certificate can be sent with the I-130. Bring the original to your visa interview.

You probably shouldn't order the police certificate too early, as it may expire by your interview. I'd wait until the I-130 gets approved, then order it.

Rene

Rete

you beat me to the correction. The police report is not a requirement needed for the initial filing of the I130. It is requirement for the U.S. Embassy and the medical.