Faye1

Hello

I'm a British citizen who has been in the USA for 8 years on a
series of 4 media visas aka i-visa's (my current visa is valid until Sept 2014). I have a US SS number and have been filing taxes here for many years etc

I'm looking to marry my US boyfriend of two years and am trying to get my head around the process of adjusting status whilst in the US.

We have both lived together for two years in NYC are looking to marry this summer in a registry office and then spend time saving up to have a larger wedding at a later date which would involve both of our families.

Although I'm well versed in regular visa's I have no idea of the ins and outs of the marriage visa process so I was hoping for some advice....

Questions:

1. I'm wondering if having a more simple registry office wedding would be
viewed as a negative thing in the eyes of the visa officials? (i.e. is it important we have had our family wedding by the time we are interviewed?)

2. My fiancée earns significantly less than me, would this be viewed as a problem/flag?

3. We have 2 years worth of photos of travels together from all over the world (Costa Rica, Paris, London, Montreal etc), plus pictures of us with our families in both the UK and Chicago at Christmas and other gatherings. We have also been living together for two years. Would this suffice in terms of the 'proof' we need we are a couple?

4. Once we marry and I apply for a change in status I'm guessing I wont be able to leave the US until my new status is approved. Does anyone know how long this might take?

5. Would it potentially be viewed as a negative if i choose not to take on my husbands name? I work as a magazine editor and find my recognizable name is an asset to me business wise.

Many thanks for any help or advice you might be able to offer!

Noorah101

I'm not familiar with an I visa, so whether there are any restrictions to doing AOS from an I visa, I don't know.

No, it won't be viewed negatively.

No, since you'll be married, your income can count on the I-864.

Pictures are one part of the proof. You'll need to show tax returns in the "married" category (if you will have filed any by the time you file AOS), also any proof of your joint life together, such as joint lease, rent or mortgage, joint banking, joint credit cards, joint utility bills, joint health or car insurance, 401K's or life insurance showing the spouse as beneficiary, wills, etc. Some of this you won't have until after you're married.

Part of the AOS package is form I-131 for Advance Parole. This allows you to leave the USA and return without abandoning your AOS process. It takes about 60 - 90 days to get AP in hand. You should not leave the USA until you have AP or green card in hand.

No.

Rene

meauxna

Congrats on making the leap.
You will not be applying for a "visa". Removing that word from your vocabulary will make it easier to find the info you need.

You will be applying for Permanent Resident status via "Adjustment of Status" aka AOS. You will want the instructions for "concurrent filing" on uscis.gov

No, no difference at all to your immigration case. Be sure to get the registered/certified copy of your marriage certificate. You can submit a photocopy of this with your application and bring the original when requested.

He generally needs to earn a minimum income (see form I-864P). He must complete an affidavit of support I-864 on your behalf. If his income is below $20K (rough) annually, you may include your income to meet the minimums.


Use items that show you have been cohabiting and are financially intertwined vs vacation snaps. Review the I-130 instructions; there is a special section of extra evidence they want for married couples.

You will be limited in your travel for a bit. When you put in your AOS application you can also apply for a travel document. From the time you submit that to receipt, count on 90 days (same for your work permit.. they are one document now).
Your AOS case will probably take the average of about 6 months to complete. The conclusion is your 'green card'.


No, it makes no difference. I kept my maiden name for the same reasons (well, I'm not a fancy editor, just a grubby one, lol).

You can also use your married name when it suits you, but you'll probably find it easier to keep all your documents in one name.

There is a guide here in the wiki you can follow, but there is a decent one on uscis.gov too. Just make sure you have your entire AOS application packet PLUS your spouse's petition packet. They all go in together.

Faye1

Thank you so much for both of your quick responses.... really useful!

Faye1

A couple of additional questions in regards to travel:

I understand once we get married I will submit the I-864 and apply for AOS. If we get married this summer we would like to be able to potentially travel back to the UK to be with my family for Christmas - this means I may need an 'AP' to travel with while my greencard is pending?

My current visa (i-Visa) is valid until 2014 - would I potentially be able to travel on this whilst US green card is pending? Or will it be rendered void?

Are there any risks in travelling with AP? i.e. Will i be shunted into a scary room at my port of entry and questioned?

If so i'm wondering if it would be better for me to travel back to the UK soonish on my current visa and see my family BEFORE I start our marriage process and see if they can come to visit us in NY for Christmas instead?

Any advice would be appreciated

Noorah101

Correct, if you don't have your green card in hand by then.

I believe once AOS is pending, you need AP to travel, and can't use your I visa anymore.

There is always a risk when you leave the USA before you have your green card in hand, but I believe the risk is minimal.

You might be sent to secondary, but I don't think it will be scary.

That sounds like a good idea.

Rene

meauxna

Your I visa doesn't cover you once you file for AOS, and your timeline for travel is cutting it a little fine (see this thread for an example of the fallout http://britishexpats.com/forum/showthread.php?t=720668).

It would be much safer for you to travel before you file for AOS, since you have the option.

Gingerert

Per your name change question:

I didn't change my name at all when I married my USC. In fact, HE changed his name to mine! We went through the immigration process with two separate surnames, and then he changed his via the courts after everything was settled.

So no... names don't matter one iota. Perhaps your lovely new husband could change his anyway...

Faye1

From further digging.... it looks likely that my fiance's W-2 may not meet minimum requirements (he's finishing his masters degree and working part time).

Therefore I would like to submit my own earnings to effectively sponsor myself...

I work for a UK company and am paid in pounds into a UK bank account, however as I have been living in the USA for 8 years I've also been filing taxes in the USA.

My declared US income is over $60k - will this be okay to file for both of us?

Noorah101

His 2010 W-2 is not what counts, anyway. It's his *current* income that counts on the I-864. If his *current* income is still below the I-864P guidelines, then he needs your help.

You cannot "sponsor yourself", your USC spouse MUST be the sponsor. However, your income can be included on his I-864. You might have to do an I-864A to show your income as a contributing household member. (Instructions say the intending immigrant does not need an I-864A, but USCIS officers sometimes ask for one anyway...best to be prepared).

Yes, go ahead and include your income (since it's obtained legally and you've been filing US tax returns for it). You'll have to convert the pounds to dollars on the I-864.

Rene

Faye1

I met with a lawyer today for an initial consultation to help decide if I will try and handle this whole process myself or use unprofessional help.

She charges $2,500 to submit all of the documents + filing fees of $1490.
Does this sound normal/reasonable?

She also said there would be no need for me to get a UK police report as I'm already living in the US (for the past 8 years) - is this correct information?

I'll be filing for my AOS in New York where I live and she said the average wait time right now has gone up from 3-4 months to 6 months which is a bit of a shame

Many thanks once again for any advice!

meauxna

Faye, this was a great reply from an immigration lawyer the other day: http://britishexpats.com/forum/showp...4&postcount=25


It is true, applications for Adjustment of Status do not need to get police certificates.

The average wait time in NY was 2 years not that long ago, 6 months is nothing. Plus, you're not average.

It's an impossible call, to tell some people they "should not" use a lawyer. I didn't. I wouldn't, for a case like this. I also invested a considerable amount of time and study learning what I needed to know (just barely enough of what I needed to know). You're on an I visa. Are you an investigative flavor, or a puff piece Patty? You know yourself, do you the brain power & determination to figure it out? Do you make enough money that you won't miss it? Do you earn more money with your time doing what you do? Are you flexible enough to roll with it? Are you willing to pay for insurance, or to pay out if things go badly. Are there any little things you've failed to mention here, that count in the 'inadmissibility' department?
Those are all rhetorical questions.

I have no trouble telling someone when I think they absolutely need a lawyer.
Some people aren't cut out for DIY and some people simply have problems they should not try to solve on their own.