Spirited

Ok, my title was as confusing to me as it probably is to you, but i'm a perpetually confused person at the moment!

As some of you may be aware, my husband is American and I am English. I do not as yet plan to move to America as there are a lot of factors keeping my in the UK which are long winded and not alltogether that exciting, so i won't go into them.

Anyways, I travel to America about 4 times a year at the moment and I am sure that one day I will want to move out there permenently - not right this second though. What I was wondering though is this:

Is there a way for me to move out to America to wait out the period of time it takes to apply for a visa which would ultimately move me over there? I know that i generally have to get my husband to apply with the I-130 and then I have to apply with the other forms etc, but i also heard that i may not have to wait in England for processing if i send off another form at the same time as his I-130 which would allow me to go over there and wait out the visa application process. It wasn't the V-Visa, i know i am inelligable for that, but i can't remember what the form or visa was. Does anybody know?

Does anybody have any clue what the hell is going on in general with visas at the moment or immigration? This subject keeps me constantly in a state of discombobuilation.

I am married to the guy, we love eachother, we just want to be together and earn a decent living and get old and wrinkly together - you would have thought that wouldnt be THIS difficult as a basic human right - but it is.

Input please?

Thanks

xxxxx

Ray

So you don't want to move yet
So you do want to move over there ....

Got me confused ....

Spirited

I DO want ot move over there, i DONT want to move YET. My son is in his final year at school and so i have no intention of uprooting him and making him change schools only to have to change schools again later. But when i eventually feel the time is right and i do want to move over there, i need to know what my options are, because everything on the internet seems to change every five seconds. I'll most likely get a lawyer to help me out anyways, but still.


So yeh, i DO want to move over there, but not anytime soon.

I am still curious about my options though...

Ray

http://www.familybasedimmigration.co...read.php?t=417

ian-mstm

The problem though, is that it is the visa that gives you permission to move to the US. Without the visa, you can't actually move there... if you see what I mean! You can visit... but you can't live there!


As long as you have permission from the country, you can live wherever you want. Every country has laws that govern immigration... some are easier, others are more difficult. The US is in the latter group... and if you want to live here, well... you jump through the hoops. You always have the choice to stay where you are or try to live in some other, less restrictive country.

Ian

Spirited

yeh, i realise that, but i actually spoke with someone at the embassy and they said i can apply for a visa and then apply for something else that would allow me to actually go to America and wait there for the visa process to progress, if you see what i mean. I just can't remember what that form was that i needed to send off.

I guess it doesnt really matter seeing as by the time i do want to go over there there will probably be 75 other forms to fill out and everything, which i dont mind having to do in the slightest - i just find it difficult to get any solid information pertaining to which forms are actually needed.

If ya get me?

Noorah101

I believe you are thinking of a K-3 visa. Several years ago, the I-130 process was taking YEARS to adjudicate, and that was keeping married couples apart too long. So they introduced a K-3 visa, which only took about 8 to 10 months to process. The K-3 visa allowed the alien to come to the USA to live and work, for 2 years, while the I-130 was being processed. Once the I-130 was approved, the alien had the choice to either remain in the USA and adjust status to permanent resident, or return to the home country for immigrant visa processing. I am sure this is what you're thinking of.

However, that was then, and this is now. The I-130 process has sped up so that it now takes the "normal" time to process...i.e., within a year. So applying for the K-3 does not help the situation, as the K-3 also takes 10 month or so to process. The K-3 also has had other restrictions put on it (the alien might no longer be able to return to the home country for immigrant visa processing, and MUST adjust status in the USA, costing $1,010 more...and costing $200 more to cancel the K-3 mid-way).

So right now, the only thing you can do is continue visiting the USA until such time that you are about 1 year away from wanting to actually move here. There is no visa which will allow you to live and work in the USA indefinitely until you're ready to move here. Unless of course, you qualify for a visa other than marriage-based....for example a work or student visa.

Hope that sheds some light for you...

Rene

Spirited

I am a graduate but it would be easy for me to find work over in america, but from my understanding i am not allowed to apply for any other visa appart from a family visa seeing as if i apply for a work visa im stating i don't wish to stay there, but im married to an american, so i obviously do want to stay there....if that makes sense.

Basically i want to be financially secure before i even start the process of application, so visiting is all i can do right now. If our marriage is meant to last, it will take as long as it takes and work out in the long run though, im a great believer in that

xxx

Noorah101

Your understanding is incorrect. You can apply for any visa you want, even if your husband is American. You can apply for a work visa, a student visa, or an immigrant visa. In fact, if you apply for and receive a work visa, once you are in the USA, you can go ahead and adjust status to permanent resident from within the USA.

Rene

Elvira

Does your son plan to move to the US at some point as well? If so, I believe your husband has to petition for you and your son before he turns 18.

Though I'm no expert on this, so I hope someone will correct me if I'm wrong...

Spirited

I had a look at this last night and i think it is 21, but it might be 18. It doesn't matter either way as my son is years and years away from being 18. Although, the way the system works he could be 30 before i get over there

I was advised by the consulate not to apply for a work visa on the basis that i am married. I even started the process of looking for a job as i did think about getting one and then adjusting, but even the company that were going to help me do that told me i couldnt because i couldnt apply for a work visa then, i had to apply for a family one - the whole reasoning being the simple fact that my husband already lives in america and that my intentions would be to adjust status while i worked over there because it didnt show enough reason for me to return to england with him out there. If you see what i mean. Hence the likelihood of my being refused a simple work visa and that my husband would have to petition for me to go out there etc etc.

How is it your understanding that i could apply for a work visa only, and is there anything online about this? Also, would this really be a viable option even if it were ok to do so? Wouldn't it complicate the entire situation?

Im thinking out loud here.

ian-mstm

Yes, you can *not* apply for a work visa on the basis of marriage... you *can* apply for a work visa on the basis of employment skills. However, even if you are married to a USC, you *can* apply for a work visa. (I'm sure this is what you meant, but it's important to be accurate).


Whoever told you that was incorrect.


Many visas are known as "dual intent" visas because they don't preclude you from applying for PR status *once* you are in the US. Now... would it be practical to consider this? Hard to say... but you lose nothing by trying.

Ian