marctaff

Hello All,

My name is Marc and my wife’s name is Taffy.

Please forgive us if our questions seem obvious or have been answered elsewhere, we are both very new to this and it all seems rather daunting and depressing. A fellow expat recommended I start posting through this site as it’s been invaluable to him and his wife during some hard times. So here I go.

As every case/situation is different, ours is as follows:

I live in the UK and have what I like to think a good job, a house etc. etc. With the job came extensive travel to the States (CA), I think over the past 6 years I have spent just as much time there as I have here. So it was one fine day during my travels that I met Taffy. I'm not going into how much we love each other, we know and that's enough for now. We decided that the time was right and wanted to get married. But obviously it was going to be complicated.

I would have to resign, sell house etc etc, tackle US immigration and move. I’ve started the ball rolling. My house etc. etc. is up for sale, I've notified work, so on and so on. We got married on the 11 Oct 04, so yes, today is 1 month - a happy and sad day all at once. After the wedding and a small honeymoon I had to come back to the UK to carry on with the house sale and come back to the job.

This is where my concern lies. I understand that the USCIS does NOT like you to come into the US, get married, just stay and then try and get the 'green card' and I understand why. But, if my house were to sell in a month I could move over to the US and get the paperwork done from there – what’s the problem with that, I left after we were married and now would be returning after some time?? I would be coming in on the VWP. That's one idea.

But, right now the house market is slow here so I'm not sure how long it will take to sell. So I wanted to get thing going now to try and save some time later on. But what does that mean? If I were to start now it looks like the best thing for me to do is go for the K3 visa, is that correct? But along with filing for a K3 there are complications for us. We obviously want to spend Christmas together, otherwise we will both be alone and go insane, if we submit the I-130 now does that mean I won't be able to go?? Should I wait for after Christmas to apply, start when I'm there at Christmas AAAAAAARGGGGHHHHH.

Another concern, if I start the I-130 now, we get through to the I-129F and G-325a stage (but who knows on the timing) and then sell my house whilst this is going on, I will have nowhere to go or stay here, and the address we've used on the forms for me will no longer be relevant. What would happen if I moved to Taffy then?? Do they pick things like this up at POE?

Is the best thing for me to just wait, move over once the house has sold and go through AOS? I understand there will be a long wait before I can work, we can handle that, we just want to be together.

Would it be good for Taffy to go and speak to the local CIS and get their opinion?

I have no problem getting a lawyer if it will help, but my biggest question lies with timings and what CAN be done and what shouldn’t be done. I have started looking into getting a lawyer and am waiting for a response from the AILA. I really just need some good advise. I am aware that for legal reasons there are certain areas they cannot recommend. I guess we will just have to see.

We’ll that’s it for now, appologies for the lengthy post and all the questions, but I needed to ‘throw’ it out there. I hope it’s given you guys something new to read and think about. I will stay in touch.

Noorah101

Hello,

You can't come back to *stay* or *live* in the states, without a visa. You can try to come visit again on the VWP, but you will need to bring lots of proof that you do NOT intend to stay here. So your idea of coming back to live, after a short stay back home won't work. After you marry in the USA, you have to go back home and then return to live here once you have your visa.

OK, so what to do now? Have your wife file the I-130 and I-129F for your K3 visa. When you get that, you can move here permanently. Very easy. In the meantime, you can try to visit her here, but be aware without good strong ties to the UK, you could be turned around at the POE. Even if you wait until after the holidays to start the visa process, you still have a USC wife and that doesn't bode well at the POE. It will still look like you intend to stay here.

Just start the visa process and sit back and wait. Of course it's hard being separated, but just think of the future and your whole life together after a little separation now. My fiance and I had to wait 14 months to see each other again (totally different circumstances than yours...yours might be about half that time, or less). If we could do it, you can do it

Oh...AND, it's best not to sell your house or quit your job before you have your visa in hand. You never know at the last minute what might delay getting the visa, and then as you said, you'll be out of a home and a job! And you don't want to be in that situation!

Best Wishes,
Rene

Just Jenney

The fact that you left after getting married does not mean that you can now re-enter the US again with the intent to emigrate but without the proper visa. Following the rules the first time does not mean you get a pass on following the rules afterwards.


She can visit you in the UK for Christmas. Since she's not emigrating there, then she should be able to enter with little to no hassle -- just make sure she brings proof of ties to return to the US with her.


Since you have nowhere else to go once your house is sold, you might consider taking it off the market until your visa is secured. That, or finding a new place in the meantime.

As Rene said, you can't move here until you get the proper visa -- so yes, the POE officers would pick up on the fact that you lack one.


Just insert "apply for and obtain the K3 visa" between the words "wait" and "move" and you're good to go.


She can try, but really it's pretty cut-and-dry: You need a K3 visa to emigrate to the US. No one at USCIS is going to tell you any differently.

~ Jenney

USA & Pakistan

I agree with the previous posts, k3 is your only way to go at this point. One thing though, I would go ahead and sell the house and get things settled there, rent an apartment for a little while if you need to until the visa comes thru. Include a mailing address on the forms.

This is not a fun or easy process: all the decisions, forms, waiting, putting your life on hold, living between 2 countries... but that's why we have websites like this and visajourney.com

You seem like you are well on your way down the path to getting things rolling so good luck to you.

Marnee

scrubbedexpat099

Definitlely hold fire on the House and Job until you have a better idea on timelines.

Last I saw suggested that K3's were taking getting on for a year, hopefully things may speed up, but I would not bet on it.

Gigiola

Hi Marc and Taffy,

We married in September and filed I-130 in Nebraska whilst I was still over there. I was still there when we received NOA1 which had been tranferred to California. In spite of CAL processing I-130 pretty fast we decided to file for K3 too.

Like you, I want to go to US for Xmas and it isn't an option for my husband to come here .. apart from his job and a lack of vacation time he has a 17 year old he doesn't want raising havoc at home in his absence!

I'm retired (though officially on unpaid leave for a year ending April 2005) so no workplace to use as proof of returning but I've decided NOT to sell my house until after this visit. I'll be carrying the following proof with me when I enter (or HOPEFULLY enter).

Return ticket for 6 weeks time (but that isn't proof)
Deeds and latest mortgage receipt to house.
Letter from my Xboss which states I still work as a consultant (true!) and that I am expected to be back for a last meeting in April.
Various bills and receipts for house and uptodate bank statements.
The information that I have an 83 year old mother and two kids here and that I would no way risk not being able to return to see them for months on end.
And (smiling) a massive amount of paperwork about my dog (!!) who will eventually emmigrate with me.
And a prayer.

Jill

marctaff

Thanks to all you guys who gave invaluable advice. The last thing we want is to be seperated for ever. If it's a year out of a lifetime then that's what it'll have to be. Looks like we will start K3 ASAP.

Thanks again
Marc & Taffy.

Gigiola

I-130 first, please! And if you are filing in CA you might be in for a pleasant surprise. Hope so!

marctaff

Yup, I think I understand.

It actually may help if the process was outlined very simple, I've looked on visajourney, but want to make sure and it may also help other newbie’s. This is my understanding:

Firstly I need to get into the country legally! So that would involve a K3 visa, once I'm in the country I apply for AOS. Once I have that I can apply for EAD, SSN etc. (although I think I read I can do that in parallel?).

But first the K3 visa - any chance of a breakdown here (it only needs bullet points!), it's when you get into the NOA's and the packets that I get a little lost!

1. I-130 filed by Taffy in US to local CIS
2. CIS issues acknowledgment of receipt (I-130 NOA1? are there official number for these NOA's?)
3. I-129F and G-325A by Taffy to Chicago (incl G-325A for me)
4. Forms from Chicago INS to NBC Missouri
5. I-129F NOA1 to Taffy from NBC
6. Document gathering (incl I-134/I-864) then she sends to me here in UK
6. I-129F from NBC to NVC then to UK Embassy, NOA2 to me in UK?
7. Is this correct so far, where do 'packets' fit in and where is the interview etc etc. Getting lost now!

If anyone can help that would be fantastic.

cindyabs

If you are going for the K3 route, you do NOT need to apply for AOS first in order to apply for an EAD.
She/you can get word of the 2nd NOA for the K3 on the website, but she as the USC gets the 2nd NOA in the mail, just like she will for the 1st NOA. You will ge notified by London as to when your interview is. That's when you will bring the info as outlined in the final packet
What you need to do in advance is to get your police certificate, which takes 40 days and is good for a year. She needs to gather her financial info for the 134. Check the London website for your needed immunizations (grouped by age) and get those on the NHS rather than paying for them at your medical.
Welcome aboard!

Gigiola

Sorry .. I was trying to make another point.

If you are filing in California (or Vermont, for that matter) you have a good change that your I-130 will be processed before the K3. Even though it may take a tad longer to get from that point to the actual interview, you would then enter with a CR-1 ... and your conditional green card in the post within a few weeks. No AOS, no need for EAD or AP or anything else from USCIS until you are ready to lift conditions.

marctaff

OK, I guess this is where my confussion lies. This may be an obvious question but what does the I-130 give you and let you do? If what you said happens do the I-129 steps for the K3 become redundant and is it easy to switch?

Gigiola

An approved I-130 and approved interview gives you virtually everything you need for the time being. Residency, work permit, freedom to travel.

I would, and have, applied for a K3 visa as well .. because nobody can guarantee that CSC and VSC continue to be quicker than K3.

If K3 comes first you can go for it and then adjust status in US .. but even though K3 allows you to travel you will be waiting on EAD. If I-130 comes first you go for that ... running! The decision to go for K3 can be left up until the day of the interview .. or maybe even until you activate it by entering the states .. not sure about that one.

The only uncertainty in this is .. which will be approved first? At THAT point you can look at the options again.

cindyabs

The 130 is the cornerstone of your process. You have to have it to do AOS or CP or K3. Yes you can switch IF the 130 is approved before the K3, however there is no hard and fast rule as to IF the 130 will be approved before the K3. If not, ah well you still have the K3 in the works, if so then indeed it would be wise to go for the IV and come into the US unencumbered.

marctaff

Oh yes, another question for you guys. I would like to continue with my house sale because that may take longer than the whole visa process right now!! My job is safe etc. etc. so I may just move into a rented place if need be. My concern is changing address during the process. Could I use my work address for them to post all my stuff to or does it have to be a personal address?

I wanted Taffy to come out here during all this but she has a job and would need to quit - then we have a problem for the 485 and then that opens up another can of worms. We have resigned ourselves to a virtual marriage - like everyone else.