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Married to USC California. I am from the UK.

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Old Apr 13th 2007, 7:25 am
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Default Married to USC California. I am from the UK.

I finally met my husband after knowing him online for 4 years prior to our meating. We fell head over hills and married on the 17th October 2006. I stayed on the visa waver and left before it ran out. His visa waver for England runs out at the end of this month and he will return to the USA and we will apply for my visa to move there.

I'm very confused although I know roughtly what to expect. I know at some point I will take a medical, I will file forms though my lawyer, 1-130, K-3 and Authorization t work (when the time comes). The thing is although I know about the USA side of things. They never really said what happens at my end. Does anyone have any advice they can give me and how long they think it would take for me?

Thank you,
~A.
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Old Apr 13th 2007, 7:28 am
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Default Re: Married to USC California. I am from the UK.

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Old Apr 13th 2007, 7:44 am
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Default Re: Married to USC California. I am from the UK.

The US Side of Things:
1. Your husband files an I-130.
2. If you want to pursue the K-3 visa, he can also file an I-129F at the appropriate time.
3. He has a few back and forth mailings with NVC - for Agent of Choice and filing the I-864.
4. File gets sent to London.

UK Side of Things:
1. You obtain your police report from any country you've lived in longer than 6 months, over the age of 16.
2. London will send you your visa paperwork (Immigrant Visa or K-3, whichever processes first).
3. You return the checklist when you have everything completed.
4. London will send you a notice to get your medical done and an interview date (either for the IV or K-3, whichever comes first).
5. If approved, you get your visa and come to the USA (either the IV or K-3).

US Side Again:
1. If you arrive on the IV, and your marriage is less than 2 years old at the time you arrive in the USA, you'll get a 2-year GC and need to do more paperwork just before that expires. If your marriage is more than 2 years old when you enter the USA, you will receive a 10-year GC and have nothing more to do unless you want to become a USC later on.
2. If you arrive on the K-3, you must adjust your status in the USA, which means you will have more paperwork to file after you arrive, in order to obtain your GC.

Regarding Work Authorization (EAD):
1. If you arrive on the IV, you will be work authorized from Day 1.
2. If you arrive on the K-3, you will apply for your EAD when you file your AOS paperwork, and it takes about 3 months to get the EAD in hand.

Hope that helps, I'm sure your lawyer can give you more details and a better rundown on what to expect.

Best Wishes,
Rene

Last edited by Noorah101; Apr 13th 2007 at 7:53 am.
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Old Apr 13th 2007, 7:51 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Ayrria
how long they think it would take for me?
Depending on many factors, figure 6 months to a year.

Rene
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Old Apr 13th 2007, 7:57 am
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Default Re: Married to USC California. I am from the UK.

In this 6 months to a year I can not enter the USA correct?
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Old Apr 13th 2007, 8:00 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Ayrria
In this 6 months to a year I can not enter the USA correct?
You are allowed to visit the USA during the process. You should bring plenty of evidence that you do not intend to immigrate on that trip, in case you are asked for such evidence at the POE. You must be willing to return to the UK at short notice if something comes up where you need to appear over there (i.e., medical or visa interview). Have someone responsible checking your mail in the UK daily.

Rene
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Old Apr 13th 2007, 8:02 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Noorah101
You are allowed to visit the USA during the process. You should bring plenty of evidence that you do not intend to immigrate on that trip, in case you are asked for such evidence at the POE. You must be willing to return to the UK at short notice if something comes up where you need to appear over there (i.e., medical or visa interview). Have someone responsible checking your mail in the UK daily.

Rene
That is the best news i've heard all week because I thought I had to spend the whole time away from my husband. What is sufficiant evidence to prove that I do not intend to immigrate?
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Old Apr 13th 2007, 8:05 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Ayrria
That is the best news i've heard all week because I thought I had to spend the whole time away from my husband. What is sufficiant evidence to prove that I do not intend to immigrate?
Things such as a letter from your employer stating when you are expected back at work, letter from your school if you are a student, mortgage or lease statement, current bank statement, proof of funds to cover your visit....etc.

Rene
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Old Apr 13th 2007, 8:06 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Ayrria
That is the best news i've heard all week because I thought I had to spend the whole time away from my husband. What is sufficiant evidence to prove that I do not intend to immigrate?
Don't forget, he can also come visit you during the process, and is probably easier than if you come here. But either one is perfectly legal.

Rene
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Old Apr 13th 2007, 8:07 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Noorah101
Things such as a letter from your employer stating when you are expected back at work, letter from your school if you are a student, mortgage or lease statement, current bank statement, proof of funds to cover your visit....etc.

Rene
I'm currently not working, I'll be temping over the summer ^^; My husband would cover my funds as I did his when he was here. Would a letter from him saying that he would suport me be alright?
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Old Apr 13th 2007, 8:08 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Ayrria
I'm currently not working, I'll be temping over the summer ^^; My husband would cover my funds as I did his when he was here. Would a letter from him saying that he would suport me be alright?
Well....personally I would say no, this isn't good. It looks even MORE like you would be "living" with him instead of just visiting, if he's supporting you and you have no ties to the UK.

Rene
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Old Apr 13th 2007, 8:14 am
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Default Re: Married to USC California. I am from the UK.

My husband wants to get a permanant job, I guess I would have to get a job and have them write me a letter or have him visit me. How much money do they consider enough to support a trip? Do you know? His holiday visa was for 6 months and he can't return for 6.

Last edited by Ayrria; Apr 13th 2007 at 8:16 am.
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Old Apr 13th 2007, 8:22 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Ayrria
My husband wants to get a permanant job, I guess I would have to get a job and have them write me a letter or have him visit me. How much money do they consider enough to support a trip? Do you know? His holiday visa was for 6 months and he can't return for 6.
Sorry, I don't know how much you would need to show. I guess it would depend on how long you plan to stay and how much you plan to spend during that time.

Perhaps when you have some of your temp jobs lined up, you can get a letter from the temp agency stating when you need to be back to work at such and such place.

Rene
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Old Apr 13th 2007, 8:24 am
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Default Re: Married to USC California. I am from the UK.

Originally Posted by Noorah101
Sorry, I don't know how much you would need to show. I guess it would depend on how long you plan to stay and how much you plan to spend during that time.

Perhaps when you have some of your temp jobs lined up, you can get a letter from the temp agency stating when you need to be back to work at such and such place.

Rene
Thank you this has been really helpful to me as I was so worried that I would not be able to see my husband for a very long time!
I'm so pleased that that is not the case.
~A.
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