tabskitten

Hi Guys

Been trying to get our heads around this so thought I'd post the whole senario see if anyone can help........

So we have been together over 3 years, I am UK national, Fiance US national who has lived here in UK 15 years.
Wedding booked 30th June.
So if we apply for my US visa after we are married it seems that it is a 5 month process so I am looking at Nov/ Dec before i am allowed in USA.
BUT .....OH has job application that is looking hopeful - he would need to fly out for interview early May and if accepted start July after we marry.

Neither of us like the prospect of spending the first 6 months married life seperate.
Is there any circumstance that I would be allowed in the country while my VISA application is being processed. My OH heard that if you have an application in process and try and go into the country even on holiday you will be turned away as they are afraid you will try and stay should your visa bnot be approved........is this true?

Thank you in advance any help.

Noorah101

Yes, you are allowed to visit the USA as a tourist while your visa process is going on.

No.

As always, there is a risk in traveling as a tourist to the USA. Having a USC spouse living in the USA does not help your case, but it's not impossible to visit. Bring plenty of proof of your ties to the UK, in case they ask at the POE. Bring proof that an I-130 was filed and accepted in London, so they can see you're doing things the right way, and this is just an interim visit. But only show these things if asked.

Rene

Noorah101

Actually, in the long run, having your husband living and working in the USA ahead of you, HELPS your case tremendously. It totally eliminates the "domicile" issue that many DCF folks face.

Rene

meauxna

If you follow this plan, you will be separate for a while.

You may VISIT, but not move to the US, ahead of your visa. You can google "VWP" to see how you qualify to be a visitor on the visa waiver program.

tabskitten

ok.......Thanks
Say if my 'visit' to the states overlapped with my visa application being approved......do i then have to leave and re- enter the states?

Noorah101

That will never happen, because in order to get your visa application approved, you need to appear in person in London for an interview.

Your visa approval will never happen while you are physically inside the USA.

Rene

tabskitten

so if i am in the USA they will end me notice of my Visa approval and I can fly back to UK to get it in person - then back to states.........

Thank you again Rene- tried to up your Karma but not allowed- sending you good vibes instead!

meauxna

Like Rene says, it can't happen.

A visa is a document to enter the US; you have to get it from OUTside the US.

And please don't put 'visit' in quotes like that.. makes me think you are "visiting" with a wink wink, nod. You can't move to the US until you have the correct visa, and you are choosing when your marriage date is, which is what's dictating your process. Sometimes you can't have your cake and eat it too.
You can have a civil marriage now and start the visa application to move up your potential move date and have your ceremony for your originally planned date, as a possible solution.

meauxna

No, not exactly.
I recommend that you read the item linked in my signature, which explains the visa process you will probably use.

Noorah101

No....not quite.

At some point, you will need to be back in the UK to get your police certificate, get your medical done, and attend your visa interview in person. If you are approved for your visa at your interview in London, you will wait in the UK until you get your passport with visa inside back from them (within a week). THEN you immigrate to the USA.

They can't approve your visa until you go to your interview in London. You can't fly to the USA right after that because London keeps your passport. Therefore, you won't be in the USA when they send you the notice of approval, you'll be in the UK, and they'll tell you right there at your interview whether you're approved or if they need anything else from you.

Rene

Noorah101

tabs,

You will marry at the end of June and file the I-130 to London. Hubby will return to the USA in July. Then you'll be apart while your visa process goes on, which is about 5 months (until maybe end of Nov). You *might* have time for one trip to the USA, maybe from July to early Sept. Then you'll need to be back in the UK to do YOUR portion of the visa process...you will need to gather documents and prepare for your interview, return a checklist to London, etc. Then your interview could be in Nov and you immigrate to the USA right after that. Won't you need some time in the UK to settle everything there, before immigrating, anyway?

Rene

tabskitten

Thank you again Rene- very helpful advice and that is just what i was trying to work out......that is what needs to be done then that is fine and we have a while to get used to the idea of being apart a while.....no big deal it could be worse- and we have got the rest of our lives together anyway. Your clear succinct manner has put the matter to rest for me.

I do however resent a little the implication by some that I am intending to break any rules or try and illegally reside anywhere.
The reason I am asking questions is so that we do this properly and do not get caught out. I am an immigration novice but i am not stupid. If i choose to put a term in inverted commas and you choose to interpret it a way different from how it was meant then that is your assumption.
A supercilious attitude is often a problem on forums I have found, but for the advice- thank you most kindly.

Rete

I believe you are seeing something that isn't there. It was pointed out to you very politely that the use of quotes is not a very good idea. In forum speak the use of quotas means that the word means something other than what it's true definition is. Any government employee who visits the site and reads your post and will think something is fishy.

Please accept the advice you are given in the manner in which it is given ... with good intent to your welfare and safety on the USCIS road. To do other than that is to discredit the person who is one of the main blood arteries of the forum and an insult to her.

Many of us, including the person you are calling out, have been through the process from start to finish with our spouses now US Citizens. Do not make enemies of those that can assist you.

We have learned to spot those that are looking for ways around the system and you have not been deemed one of them.

tabskitten

Thank you for clearing that up Rete.

Advice taken

Just terrified that we will do something the wrong way and have to admit that as a bit of a control freak I hate not knowing what I am doing and when.
I just want to get things planned out - so to speak - so that I can get on and sort out the business (and life) side of things once I know when and where I am going........and I apologise if I threw my toys out a little last night. (Trying to sell 3 properties in the UK at the moment and had just about had enough by then!!!)