Married to US Citizen, both living in UK but moving back to US
Mar 31st 2011, 2:50 pm
#16
Septicity
Joined: May 2004
Posts: 23,762
Re: Married to US Citizen, both living in UK but moving back to US
If you tell them you're moving here, they'll most probably send you back. Although I remember a poster on these very boards who told them that very thing on the advice of JAG while entering at Phoenix, and the guy simply told her he hadn't heard her, stamped her passport, and waved her in.
You should not enter the US as a tourist with the intention of remaining.
You should not enter the US as a tourist with the intention of remaining.
Mar 31st 2011, 2:54 pm
#17
Forum Regular
Thread Starter
Joined: Jan 2010
Posts: 190
Re: Married to US Citizen, both living in UK but moving back to US
If you tell them you're moving here, they'll most probably send you back. Although I remember a poster on these very boards who told them that very thing on the advice of JAG while entering at Phoenix, and the guy simply told her he hadn't heard her, stamped her passport, and waved her in.
You should not enter the US as a tourist with the intention of remaining.
You should not enter the US as a tourist with the intention of remaining.
Mar 31st 2011, 3:00 pm
#18
Septicity
Joined: May 2004
Posts: 23,762
Re: Married to US Citizen, both living in UK but moving back to US
Mar 31st 2011, 4:17 pm
#19
Member
Joined: Apr 2001
Posts: 14,049
Re: Married to US Citizen, both living in UK but moving back to US
This is a bit of an awkward subject. I agree with Ian that immigration status is determined at the time of entry into the USA without regard to what it says on the visa. And therefore it's meaningless for us to distinguish between a CR1 visa and an IR1 visa.
But, in fact, an immigrant visa does say on it:
IV Category [CR1] or [IR1] or whatever applies.
The concept that needs to be understodd is that visa category and immigration status are two separate things although very intimately related. In most cases they will be the same, but in the case of spouses (and their children) of US citizens the two can be different.
Regards, JEff
But, in fact, an immigrant visa does say on it:
IV Category [CR1] or [IR1] or whatever applies.
The concept that needs to be understodd is that visa category and immigration status are two separate things although very intimately related. In most cases they will be the same, but in the case of spouses (and their children) of US citizens the two can be different.
Regards, JEff
Originally Posted by ian-mstm
Just to clarify, regardless of how long someone is married, they would be applying for an immigrant visa. There is no CR-1 or IR-1 visa... there is only an immigrant visa.
On the day they enter the US with that immigrant visa, they will receive CR-1 status or IR-1 status depending on how long they've been married.
Ian
Just to clarify, regardless of how long someone is married, they would be applying for an immigrant visa. There is no CR-1 or IR-1 visa... there is only an immigrant visa.
On the day they enter the US with that immigrant visa, they will receive CR-1 status or IR-1 status depending on how long they've been married.
Ian
Last edited by jeffreyhy; Mar 31st 2011 at 4:20 pm.
Mar 31st 2011, 4:29 pm
#20
Is Female
Joined: Jan 2010
Posts: 217
Re: Married to US Citizen, both living in UK but moving back to US
you would have to file the I-130 petition, and the I-485 together, which if she did DCF filing she would not need to file the I-485
also that form alone is like $900 plus the petition fee, so it is more expensive, and there are more forms if you try to adjust status from inside the US.
She would also not be allowed to work until she had her work permit.
So filing DCF, is cheaper, less paperwork, and when they arrived they would be able to start work.
I mean it is why I did not choose this option because it would be harder to prove I went on VWP and just decided to stay when I was already married to a USC, and the higher cost, and not being to work.
