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Problem Application - Fiance / Spouse

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Problem Application - Fiance / Spouse

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Old Sep 17th 2008, 11:45 pm
  #16  
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Default Re: Problem Application - Fiance / Spouse

Originally Posted by Chick-a-dee
Thanks for the advice everyone. I'm going to advise her to get in touch with an immigration consultant, as this one is way beyond me!

From the reading that I'd done I had suspected that this was possibly a non-starter, but thought I'd check with you guys first as I'd got such great info from BE for my own Canadian PR application.
Immigration consultants main function is to separate you from your money.

She needs an immigration attorney.

www.ailalayer.com
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Old Sep 18th 2008, 2:41 am
  #17  
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Default Re: Problem Application - Fiance / Spouse

Originally Posted by Tracym
Immigration consultants main function is to separate you from your money.

She needs an immigration attorney.

www.ailalayer.com
I agree the friend needs both an immigration lawyer and a family lawyer.

I suspect the OP got the term "immigration consultant" from the Canada forums. In Canada, Immigration Consultant is a licenced, regulated business, so it isn't necessarily a bad word everywhere. With regard to US immigration, though, I don't think there's an equivalent.
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Old Sep 19th 2008, 4:25 am
  #18  
 
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Default Re: Problem Application - Fiance / Spouse

Originally Posted by Chick-a-dee

She is will be marrying an American guy in a few months time. However, he doesn't work, so can't provide any proof of support. Will this put an end to her application?
Does she know that she can't just come over here, marry him and stay?
Does she know that he can not just come over and marry her without a visa (if she is in the UK)?

What application does she want to make?
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Old Sep 19th 2008, 5:43 am
  #19  
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Default Re: Problem Application - Fiance / Spouse

Originally Posted by meauxna
Does she know that she can't just come over here, marry him and stay?
Does she know that he can not just come over and marry her without a visa (if she is in the UK)?

What application does she want to make?
Yes, she knows that she can't just turn up in the States, get married and then stay there - though I think that she may have expected it to be more straight forward than it actually is.

Similarly, she knows that he can't come over here, marry her and then get a visa. Incidentally, he was deported last time he came to the UK because they suspected that he would try to stay illegally!

She isn't sure whether she will be better off applying for a fiance visa and then getting married, or getting married and then applying as a spouse.

Eitherway, the visa that she goes for is the least of her worries, given the difficulties that she will face in proving support or managing to legally remove her children.
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Old Sep 19th 2008, 5:50 am
  #20  
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Default Re: Problem Application - Fiance / Spouse

Originally Posted by Chick-a-dee
She isn't sure whether she will be better off applying for a fiance visa and then getting married, or getting married and then applying as a spouse.
In general, the spouse Immigrant Visa is the "better" visa, simply because there is no adjustment paperwork once inside the USA (as there is with the K-1 fiance visa). So if she can manage to get married first and then apply for the Immigrant Visa, that's a "better" route...but it will delay her coming here because they can't start any of the paperwork until they can meet somewhere and get married.

If she wants to start the process NOW, it will have to be the K-1 fiance visa.

Both the Immigrant Visa and the K-1 visa take roughly 8 to 10 months to complete.

Rene
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