jamieamis

I have posted a couple of threads a few months ago but thought it would be best to start a new thread to suit my current needs.

I have just got back from a recent trip to the USA to visit my girlfriend and as a result of a short trip away together whilst there, to Chicago, we are now engaged and plan to get married in the USA in September 2012 with a blessing and reception back in the UK after this. My aim is to get access into the USA via a "Fiance VISA" and then once married apply to change my status to marriage and for my green card allowing me to work and earn a living. There are somethings I already know from my previous threads and there are still many questions/queries that I have.

So here's what I do know:

- Applying for entry to the USA on a Fiance VISA can take anything upto 6 months (following medical and interviews etc) to be approved and that this is dependant on the area you are looking to reside.
- Once this has been approved the applicant has 6 months to travel to the USA
- Once in the USA the applicant has 3 months (90 days) to get married to their proposed
- When applying for green card and change of status to marriage this process can again take from 2 months to over a year or more (again location dependant)

And here are some of the queries/questions that I have about the process etc:

1) How much does the process of applying for a fiance visa cost (both in $'s and £'s)?

2) How much further does in then cost to apply for the change of status to marriage and for a green card (both in $'s and £'s)

3) Should we hire an attorney to help us with this process or would we be better off saving the money by applying for the visa ourselves, if so how much would this cost (both in $'s and £'s)

4) If we get married in September, would we have to apply for change in status/green card straight away?

5) If we have to or don't have to the above (4) what would the restrictions be on travel etc. Would we able to go to the UK for a blessing/reception followed on by a possible short mediteranian cruise and then come back to the USA and then apply for change or be able to do this whilst the application is being processed?

6) Similar to (5). My fiance mentioned about getting married by the court once I have arrived and then applying for the change of status/green card to speed up the process (allowing me to work quicker, possibly) and then having the ceremony etc as planned in September. Would there be any issues with this?

7) I think I read somewhere that even when you arrive on the fiance visa or when you are applying for your change in status/green card you can apply for permission to work temporarily whilst the application is ongoing....is this the case? And what is the view on short term (not many hours) of cash in hand/under the table working to assist with living costs slightly?

8) What are the restrictions on driving, through the different applications and processes in USA? I currently have an International Driving Permit attached to my GB licence which expires JUNE/JULY 2012 (when I am looking to hopefully arrive in the USA permenantly). Would I be able to apply for a new driving permit allowing me to drive in the USA for a year without a US State Licence?

9) When would I be allowed to sit my exam and test for driving to give me a state licence?

10) Whilst applying for the Fiance VISA would I still be allowed to come to the USA and entre to visit my fiance, as we do have a wedding to work on and plan?

11) Is there any specific paperwork/documents that I will need to ensure come over with me to the USA once the visa is authorised etc for insurance purposes and any other applicatons?

12) Is there anything else I need to be made aware of?

Sorry for this bombardment of imformation and questions but I know that I have a long hard year ahead of me in going through this process and I just want to be as prepared as I possibly can be.

Thank you all for your time

Jamie

Noorah101

This is incorrect. The K-1 visa process takes about 8 months or maybe more, and does not really depend on where you want to reside in the USA.

Correct, usually.

90 days is correct. 3 months is incorrect.

It's actually called Adjustment of Status (change of status is something else). It typically takes about 6 months, no matter where your location is. But of course yours could take less or more time.

The fee for the I-129F will be listed on www.uscis.gov. The visa fees are listed on the US Embassy website for the one you'll be using. There is a medical fee as well, and the courier fee. If you budget around $2,000 you should be OK. You can calculate that into pounds. That's just for the K-1 visa. There will be more fees when you file AOS, all listed at www.uscis.gov.

www.uscis.gov. The fees for each form are listed there. Plus a fee for getting the vaccination supplement. If you budget about $1,500 you should be OK. You can calculate that into pounds.

Hiring an attorney is purely a personal choice. Some people do, some don't. If you don't have any issues (criminal history, past overstays, etc), then you probably don't need an attorney, but you have to be on top of your case, pay attention to detail, and be able to read and follow specific written instructions. I assume you are asking how much an attorney would cost? Each one sets his own fee, so impossible to say. You can go to www.ailalawyer.com to make some inquiries, if you want.

It's best to file AOS as soon after marriage as possible, yes. That way, the intending immigrant is able to remain legally in the USA beyond the first 90 days.

You cannot safely travel outside the USA until you have your Advance Parole (AP) document in hand. It takes about 90 days after filing AOS to get the AP in hand. If you leave the USA without having AP in hand, you abandon your AOS process altogether, and have to start over with an Immigrant Visa. So yes, travel outside the USA is highly restricted until you have AP in hand, which can only be obtained by filing AOS. (Well, actually you have no problem leaving the USA....the problem would be in being able to return.)

If she means coming to the USA on the VWP (bypassing the K-1 visa), getting married, then applying for AOS, then yes, there are issues. It's illegal to do that. Don't do it.

Yes, this is the case. As part of the AOS package, there is an application for work authorization. It takes about 90 days to get the Employment Authorization Document (EAD) in hand after filing AOS.

It is illegal to work in the USA without the proper work authorization. Do people do it? Yes. Should you? It's up to you.

Driving license laws are state-specific. Look up the state requirements where you'll be living. In general, you usually need proof of your legal status in the USA plus perhaps a social security number.

See above.

http://britishexpats.com/forum/showthread.php?t=578918

I would say the most important one would be the record of your vaccinations. Otherwise, just the sealed brown envelope, your passport with visa inside, and that's it. Insurance coverage is another whole separate issue, there is nothing you specifically need to bring with you for that.

Rene

Noorah101

I guess you guys changed your minds about her moving to the UK after all?

Rene

jamieamis

We've had a long hard look at the situation and sat down and discussed things and made a decision. It was surprising my end how may people were supportive and encouraging of this decision, I know its not going to be easy and there are tough times ahead but im young enough to make a go of this.

britishspouse

I wish you the best

jamieamis

Thank you

Moxie

My extra two cents----

Getting the I-129F petition approval may take that long. California Service Center is currently faster than Vermont Service Center by a month+. It can change. Where the USC lives when he files may determine which center processes his petition. THEN the case goes to the London part where you apply for the K1 visa. Allow 2-3 months for London. If you're on top of your game you can be a faster one.

Besides the form fees, there's two trips to London and perhap a hotel if far away, police certificate, passport photos, mailing and copying, visa fee, courier, shipping your stuff over...it adds up.

$1070 to apply for work authorization, advance parole (travel), and greencard.

There is actually no deadline for applying, but I personally think that's where your limited funds should go over a celebration in the UK and a cruise. It's foolish to put off something that important so you can pay for fun and frills.

You can legally marry immediately after arrival and get on with the greencard process. He's smart. You can have a fake wedding (blessing/celebration) later if you've got the funds. And yet another in the UK. The legal requirement is met when you have a marriage ceremony, whether it's in a justice of the peace office or a cathedral with 15 bridesmaids.

That's year's old talk and doesn't have a practical application today. Forget it.

It's illegal. Staying out of jail in the US is a good plan for a pending immigrant.

8 An IDP gives you absolutely NO authority to drive. It is a translation book so authorities can better read your UK license. It would be helpful if you want to drive in France. American law enforcement will be able to read your license as it's in English.

You can drive on your UK license as a visitor (based on treaties) until you get authorized stay in the US or meet your state requirements. Each state is different. Your state may require just the work permit, or maybe greencard, or maybe even evidence of applying for the greencard.
Any visitor on VWP could be refused so bring evidence of strong ties to home so they believe you will go home after your visit.

The USC has to make a certain income to satisfy the Affidavits of Support he will fill out. One for visa, another for greencard. It's surprising how many don't know until it's time to submit financial proof for the visa interview.


Good luck to you. It's not that daunting if you read carefully and follow directions. Now that you have the overview, focus on the petition and get it right. Then while waiting on that approval, start studying what's going to happen in London so you're ready when the time comes.

sir_eccles

Probably a bad idea to call it a fake wedding. In many states if there is a ceremony resembling a wedding it needs a marriage license and it is a real wedding. I had two weddings, the first in city hall with just parents and siblings shortly after landing and the second big religious one 6 months later. Both required licenses and both resulted in a marriage certificate. Got back from my 2nd honeymoon and there was my greencard waiting for me.

jamieamis

eccles,

did you find that doing the marriage etc straight away helped things?

sir_eccles

Strictly speaking it was about a month after landing. But it got the paperwork for AOS rolling quickly and I had my greencard within a further 6 months. Also allowed us time for planning the big fancy wedding.

Downside, I have to remember two anniversaries.

Michael

Have you considered marrying while on vwp and then applying for the marriage visa (CR-1) to enter the US? That visa takes approximately the same time as the K-1, is slightly less expensive than the K-1 and adjustment of status, you get a green card upon arrival into the US, and you are free to work or to travel outside the US immediately after you enter the US.

You could then have your UK wedding ceremony at anytime after your vwp wedding.

jeffreyhy

I'm curious - how did you get that second marriage license given that both applicants for it were married people?

Regards, JEff

Moxie

We did. Our AOS was mailed on about day 10 in the US and the work authorization and travel documents were approved 58 days later. That EAD was the key for getting a driver's license.

Sorry for saying fake wedding. Here's my correction--

Many people have a ceremony that looks just like a wedding with bridal gown, bridesmaids, wedding cake, and reception with approval from their minister who knows they are married and will not be providing another marriage license. Some call it a reaffirmation of vows or a blessing. I didn't mean to imply that you dupe the officiant into thinking you are not married. I'm going to a full blown wedding soon, of a K1 couple who married two years ago.

Apfelkuchen

Yes, I was also curious about that as I have been looking into the 'JoP marriage first, church wedding later' scenario too. From what I've read it seems like, at least in the Catholic Church, the second 'wedding' would really only be a blessing of the first one.

sir_eccles

This all happened in NYC some years ago so memory may be fuzzy. Basically the Rabbi insisted that the second wedding had a license. Checking my scans of both licenses, the second one says "no. of previous marriages - 1" then underneath that her name and "alive" then "Terminated: still married". Same but names reversed for her part of the license. Given there was an option on the form to fill it out in that way and that the clerk had no problem with "still married" on the form, I believe the clerk may even have advised us on how to fill the form. NYC clerks office issued a certificate for each shortly after each ceremony.