miffy_m

(Also posted under the visa forum - hope that's ok).

Dear all,

A slightly funny question coming, I'm afraid.

I currently hold an A2 visa for the US as I do a lot of work in the US for the British government.

Over a year ago I married a US citizen (dual national, as it happens, not that this makes any difference)

My plan was to obtain a US Marriage visa and emigrate / immigrate (depending on your point of view) into the US, and to live there happily ever after.

At last (about 15 months later, my K-3 visa is making its way into its final stages). However, we are now in a deep dark recession, and I am thinking it is really not a good idea to give up my current job and to move to America in the hope of finding another (which could be a bit tricky in my field).

So, I have a decision to make - do I stick with my current job, throw out the K-3 visa (on which we have spent a LOT of time, money and dreams), or can I have BOTH visas? The K-3 is valid for up to 6 months (I can enter the country in 6 months) and then move there permanently perhaps 6 months to a year after that. Can I do that as I do not want to be unemployed in the US, and I'm sure the US don't want that either.

So, my main question is, can I hold simultaneously an A2 visa and an Immigrant visa? I'm worried that if I give up the A2 visa, and I do not move immediately to live and work in America, then I will lose both! If I give up the K-3 visa, then I lose the ability to live there.

Hope I made myself clear?

Many thanks, all. The community has been a big help over this journey for us and we are very appreciative.

Michael.

ian-mstm

Answered here: http://britishexpats.com/forum/showthread.php?t=610756.

Ian

Noorah101

Hi Michael, welcome to BE.

Well, a K-3 is not an Immigrant Visa, anyway. So you won't have an Immigrant Visa in hand.

Once issued, the K-3 has a 6-month validity. Not too many people get K-3's anymore, but if memory serves me correctly, the K-3 is a 2-year, multiple-entry visa, so you could potentially come and go using the K-3 visa in and out of the USA for up to 2 years after it's issued. At some point before then, you'll either need to stay in the USA and adjust status to permanent resident....or if you have an approved I-130, you can follow that through to an Immigrant Visa (I think).

I do not know how having a K-3 non-immigrant visa affects having your A visa at all.

Best Wishes,
Rene

miffy_m

Thanks... been here before and you've helped me before.

So, on the K-3 visa, within 6 months I have to enter the country. Then I can come and go as I please (residing principally outside the US), and then within 2 years I need to adjust status to a permanent resident? When I adjust status to a permanent resident, do I then need to be living within the US permanently, or can I continue living in the UK? Can I still come and go as I please?

Many thanks,

Michael.

Just Jenney

Given the complexity of your situation, it's best NOT to have two threads about the exact same issue running on different forums simultaneously.

Hopefully one of the moderators will come by soon and combine your two threads into one, because otherwise things are bound to get very confusing for everyone, yourself included.

~ Jenney

Noorah101

Once you file AOS, it means you intend to make the USA your permanent home, and you should not be living in another country anymore. You can still go home for visits.

Rene
p.s. - I tried to combine the two threads in different forums but was unsuccesful. In the meantime, I"m closing this one, so you can receive all further answers at the one you have going in the USA Immigration Forum.