vzbx1692

hey, i found this forum.. i have some questions and i hope people will have some answers for me

i'm british, my girlfriend is american and we're getting married in texas next month, but will come back after the wedding to the UK.

a few weeks after my wedding, i have a job interview in the US. the job is fairly specific for my skills and they've been unable to recruit locally.

so, assuming that goes well, we'd like to move over to the US, as a married couple, and i'd have a job that would pay in the region of $55,000.

i *think* i need to apply for a CR-1 visa, but i'm unsure.

help!

ian-mstm

A CR-1 visa is correct (if you read anything about a K-3 visa, you can safely ignore it). You will immediately become a PR on the day you enter the US with the visa - and, you are authorized to work from day one. You'll still need a SSN, but you can be hired without one as long as you've applied for it.

The big problem you're going to run into, is that it takes about 8 months to get the visa and there's absolutely no way to speed it up. Now, if your soon-to-be USC wife has been resident (not just visiting or going to school) in the UK for 6 months, you can file directly to London and that'll shave about 4 months off the process. If she has not been resident for 6 months, she'll need to submit (send) the paperwork to the US.

Ian

Noorah101

Ditto what Ian said. Hopefully they will keep the great job for you until you can get your immigrant visa.

Come on back with any further questions.

Best Wishes,
Rene

vzbx1692

Yeah, it's been a good 6 months since she left school, so that'll help.

I'm already working the job, as a contractor for now - I'm sure they'll keep me going. All being well, July then

Is there any other option that could speed things up? I can enter the US for 90 days, on business, right?

Noorah101

Sorry, I don't really follow what you're saying.

1. The USC has been out of school for 6 months...how does that help? It would only help if she were living in the UK for 6 months, then you could file the I-130 directly in London. If she's living in the USA, she files it in the USA.

2. Already working what job? A job you have in the UK? You aren't legally able to work in the USA, so hopefully you don't mean a job in the USA. And not sure what you mean by "July then"...you mean you're hoping to immigrate to the USA by July? Be aware it could be longer than that...July is only 6 months away. If the USC is filing the I-130 in the USA, it's about an 8 to 10 month process to get your immigrant visa. If she files at the end of February, after you get married, I'd plan on being in the USA around December, by the end of 2008.

3. You can still visit the USA on the VWP, but you can't work. You can look for work, but you can't actually accept employment. The only way to speed things up is if 1) the USC has already been living in the UK for 6+ months, which isn't clear to me whether she has or hasn't; 2) you hire an attorney to make sure all your paperwork is filled out correctly, to catch any gliches that you come across, and to go to bat for you if something should go wrong (an attorney doesn't actually speed up the processing time, though) or 3) you be very well organized on your own, prepare each step ahead of time, and be on top of your paperwork all the time. Otherwise, there are no shortcuts.

Best Wishes,
Rene

Noorah101

Are you both going back to the UK, or just you alone?

You might want to time it so that you get married and have the job interview within the same 90-day visit. It might be tricky to go back to the UK and then turn right around in just a few weeks and come back to the USA again. If you do that, bring plenty of proof of your ties to the UK, in case they ask at the POE.

Assuming the USC is going to file the I-130 in the USA, you can do this - in about 8 to 10 months after you get married.

Rene

ian-mstm

What is her status in the UK? If she was on a student visa and is now out of school... it doesn't mean that she's been resident in the UK. I understand that you're searching for answers... but immigration doesn't work that way! She has to have permission from the UK government in order to be considered "resident"... simply being in the UK doesn't count.

Ian