Katairs

Hi,

To give you a brief overview of my situation - I'm a 25yr old British citizen and have been with my boyfriend for 2yrs (American citizen). It's been a long distance relationship, we met in the UK, maintained over email and we would see each other every few months...

Essentially, I would like to move over there to work and live there and want to know the best options. Having done some research I'm getting a little despondant over the logisitics of this and feel the best way would be to hire a lawyer to set out the different options available and help with all the paperwork.

So if anyone has any advice I would love to hear it. Secondly, if you know a good lawyer who has reasonable rates (if such a person exists!) then please let me know.

Thank you kindly x

Rete

Welcome to BE, Katairs. I've moved your post to the appropriate forum.

Have a look at this article in the wiki above for ways to immigrate to the US:

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

You don't mention marriage to your US boyfriend but that is one of the easiest methods for obtaining a visa and subsequently a green card entitling you to live and work in the US.

The marriage-based methods include:

K-1 fiancee visa

[short version] Your bf files the I-129F at the appropriate US service center. When approved it is forwarded to the US Consulate in London where you will go through the K-1 processing. After your medical and interview in London, if approved, you will be given a K-1 visa which must be activated within 6 months by your entering the US on said visa. After entry you must marry within 90 days and then file for adjustment of status to permanent resident. Approximately 90 days after filing for PR status, you will receive an employment authorization document which will entitle you to work. After the AOS interview, if you are approved, you will be given a green card.

Immediate Relative Visa

Either you come to the US or your bf comes to the UK and you marry. You return to the UK and he files the I-130 for the immediate relative visa. Once that is approved and has gone through the National Visa Center, it will be forwarded to the US Consulate in London. Like with the K-1 you will have to have a medical and go for an interview. If approved you will receive the IR visa in your passport. Upon entry into the US with this visa, you are automatically a permanent resident and your passport will be stamped with an I-551 indicating such status. Your green card will be mailed to you. The right to work and live in the US starts as soon as your passport is stamped with the I-551.

Both these methods are fully explained in the wiki.

Non-marriage methods for you to come to live and work in the US are either investment visas or work visas. Neither of which is easy to obtain.

Noorah101

Further to Rete's excellent post, I will mention that both the K-1 and the Immigrant Visa (immediate relative) are taking about 8 to 10 months to process, from start to finish. So there's no real advantage in timeline either way. If getting here quickly is your goal, the K-1 will be a tad faster because you can start the process now, rather than having to wait until you get married to start the process. However, the Immigrant Visa is a better visa overall, as it avoids further paperwork in the USA in order to get your green card.

Which way you decide to go, though, is totally up to you and what works best for you guys.

Rene

BritishGuy36

Marriage to a USC is the only realistic way for most (>95%) non-USCs to get into the USA legally.

Providing you don't have a criminal record or something else complicating your case, you can easily do the paperwork yourself, with help from us here at BE. The paperwork is expensive enough to file without getting a lawyer involved!

Katairs

Wow, thank you for your help!

I will look through the links and find out more information.

A quick question - if it takes 8-9 months processing time is that time I would spend in the UK or can i visit America during that time on a tourist visa?

Thanks again! x

BritishGuy36

You can use the VWP to enter the US, but you must leave before the allowed 90 days is up. You would be unlikely to be granted a tourist visa to stay longer than 3 months because you are obviously not planning on being a tourist, rather a fiance.

As long as you play by the rules you should get in on a fiance or spousal visa - don't be tempted to even bend the rules any as the immigration authorities are harsh on those who don't play ball, people get bans from entering the US all the time.

Noorah101

Yes, you are allowed to visit the USA during the visa process. Make sure to bring plenty of ties to your home country, in case they ask at the POE.

Rene

Folinskyinla

Hi:

Please note that Rete's post only applies if the marriage is between two people of opposite genders. I did not see anything in the OP about this.

Ray

Her profile says she is female ..and has a boyfriend

Folinskyinla

Hi:

Mea culpa -- I will admit that I don't read the profiles.

That was I get for practicing in Hollywood.

"you know the hollywood sign
the witness to our confusion
a symbol of dreams
turns out to be
a sign
of disillusion."

Mary C. Brown & The Hollywood Sign, Dory Previn

BritishGuy36

The little pink or blue thingamajig next to the username on every post is an easy way to tell gender.....

Katairs

Hi all,

Thanks for your advice! I think we will more than likely go down the K1 route as this seems the most sensible and we can start the process right away.

I read through the K1 process and this was extremely helpful, though I do have a few questions.

Firstly,

With regards to the time frame of processing times, would it make a difference to have a lawyer to speed the process up?

Secondly,

"If the K1 visa holder arrives into the United States at John F. Kennedy (JFK) Airport in New York, they may be able to get their I-94 stamped with a temporary stamp which acts as an EAD. Again, this is only covers the 90 validity period of the I-94, but it is given on arrival. Note: Not all K1 visa holders obtain this stamp from JFK Airport when they arrive. If the temporary stamp is not given, politely ask for it while you are in secondary processing. " -

do you still have to pay the $340 processng fee for this? I would really like to start work during this 90 day period if possible and if i need to land at JFK to do so that's fine. But can anyone advise on this? It seems crazy that it can take 90 days and $340 to process OR you just get a stamp at JFK - did i pick this up wrong?

Finally...

"One such document is form I-134 (Affidavit of Support) which establishes that the foreign fiancé(e) has the required financial support to not become a public charge while residing in the United States. In the case of a K1 visa application, the financial support has to come from the sponsoring USC who filed the petition for the K1 visa."

I tried to find out more information about this form but couldn't seem to find any. I was looking for the specifics of this to ensure we would qualify - can anybody shed any light?

Thanks again for all your help, this really is the best place i've found for gaining information on this topic!

BritishGuy36

a) No! It won't be any faster - it may be slower. You will act on paperwork received back straight away - a lawyer may not (depending on his workload). There wll be no difference in processing time regardless of who files it.

If you don't have a criminal record or anything else complicating your case, you don't need a lawyer.

b) As far as I understand, yes it's the case that you get the stamp for free at JFK. Bear in mind though that there will likely be time after the 90 days is up when you are still waiting for AOS when the UKC will not be authorised to work. Plus of course you still need to file AOS etc.

So what happens if you land a job....then after 90 days have to give it up....not very good for the employer or UKC.......this is why the CR-1 is a "superior" method of immigrating.

Rete

The stamp at JFK is temporary ... good for the 90 day validity period of the K-1. You have to file for the one year EAD after you marry and file for adjustment of status. The EAD fee is included with the AOS fee. I believe it is $1,010. So you will be paying regardless of whether or not you get the temporary stamp at JFK.

If you marry late in the time period of the validity of the K-1, then there will be a lapse between the EAD stamp obtained at JFK and your new one year EAD. You are not allowed to work during this lapsed time and will have to take a leave of absense if the employer will allow this or you can continue working if the employer has no problem with you working illegally and is willing to pay the fine if your working is discovered by the USCIS.

Having an attorney will not speed up the processing but hopefully will ensure that there are no referrals for additional evidence/information after filing and that hopefully the forms have been completed properly. An attorney should also receive any letters or notices from the USCIS as well as you which can be helpful if your mail goes missing.

Katairs

Thanks again for this, you guys are amazing! But I have MORE questions, sorry! With regards to the period after the 90 days and when I'm waiting for the AOS...roughly how long do you think this would take? Approximately?

Also, what is the CR-1 process you mentioned?

thanks! x