dirtbike

Hi,

So my situation has changed drastically in the last 48 hours...

My Boss the techincal director and part owner of the business I work for has resigned due to personal problems, the managing director has approached me about re-evaluating my emmigration to the US in March 2010.

Currently me and my fiancee have applied for a K1 visa and we've been approved and have had the 2nd NOA so we're in the middle of waiting for the paperwork to arrive from the US Embassy. We still intend to get married in March next year.

Disregarding any personal preferences, if my fiancee was to move here and study (she was already planning on starting her doctorate next September) would we still have the opportunity to move to the US in say 2-4years time?

If so how would we do this?
What visa's would be required if any?
Would her citizenship be questioned as she only became naturalized in May of this year?
Would she be able to travel to the UK once we're married or would we have to go through the whole immigration process again for the UK?
Would she be better off applying for a study visa?

I'm disregarding any personal preferences for the time being because I want to know where we stand from an immigration point of view.

Any advice or information would be greatly appreciated, I have a meeting with him on Friday where I want to put a case to him of the pro's and con's of our situation and what kind of salary and benefits I would need to delay my emmigration.

Many thanks in advance
Nick

Bluegrass Lass

I haven't read your previous posts, so forgive if I ask something you've already mentioned before. You said your fiance just became a US citizen this past May. Therefore she can move anywhere she wants to in the world, anytime she wants to. Others smarter than me can comment, but as far as I know moving to the UK cannot jeopardize her US citizenship at all.

In saying that, if she is not a UKC, nor a citizen of the EU, the quick answer is: yes, she needs a visa to live with you in the UK. If you want to marry in the UK and she is not a UKC, then she will need a visa to actually marry you. The good news is, getting her a visa to move to the UK is a hell of a lot quicker than you immigrating to the US. We're talking inside of a month for her to get the visa. To understand the process for her to move to the UK, then you should visit talk.uk-yankee.com. That forum is for folks moving the other direction to the UK.

dirtbike

Hi, Thanks for the prompt reply.

We are talking about a time period of 2 years so that she can do her Masters here and I can take advantage of the larger salary and stability of my current employment.

I'm just concerned that if we settle here for those 2 years that it could in some way cause problems when we try to move and settle in the US.

In the eyes of US immigration we would've been married and living together for 2 years so what process would we have to follow to move back?

Thanks again
Nick

Bluegrass Lass

Well, 2 years from now, when you are ready to move back, you would follow a process that we forum members call Direct Consular Filing. Basically, you file the I-130 spousal immigrant application directly to the US Consulate in London. The visa you will be applying for is a CR-1 or IR-1 visa. If you have been married 2 or more years at the time of applying, you'll get an IR-1 visa, less than 2 years and you'll get a CR-1 visa. If you get a CR-1 visa, then you're greencard will only be a conditional greencard good for 2 years..then 2 years after you enter on the CR-1 you will need to file further paperwork to remove those conditions and then receive a 10 yr card. If you get an IR-1 visa, then you will automatically receive a 10yr greencard.

Currently, the DCF process is taking about 4-5 months..who knows how long it would take 2 years from now. You can use the search function on here to find tons of questions/info about DCF.

PepsiChic

Im no expert on this area of things (I did the K1 fiancee visa to move to america), but my advice is, if you do decide for her to live in the UK, make sure as a US citizen she keeps ties with the USA, bank accounts, contracts, bills, and file tax returns every year. (USC's need to file tax returns no matter which country they live in)

keeping ties with the USA will help when you apply for your visa to move to the USA with her once she has finished her studying and you are ready to move.

good luck!

ian-mstm

The K-1 visa specifically allows you to enter the US to get married and remain to adjust your status. If you aren't going to remain in the US, then you don't need the K-1. You can still marry in the US if you enter on the VWP.


Yes, of course.


Your USC wife would file form I-130 in London (if they will accept it) or to the US. If she files in London, you'll have an immigrant visa within 4-5 months; if in the US, you'll have an IV within 8-10 months.


She doesn't need a visa... she's a USC. You'll need an immigrant visa as the spouse of a USC.


No. She's a USC. Full stop. End of story. The only way she can lose her citizenship now, is if it's subsequently determined that she wasn't eligible for it in the first place.


If you marry in the US, she'll need a spouse visa for the UK. If you marry in the UK, she'll need a visa for marriage. Either way, she'll need some sort of visa to live in the UK.


No.

Ian

ian-mstm

I understand what you mean, but what you've written isn't entirely correct. Yes, she can leave the US for as long as she wants with no adverse effects... but she can't move anywhere she wants to - at least, not without permission from the other country.

Okay... pedantic mode /off.

Ian

Bluegrass Lass

..semantics..what country wouldn't want a USC, eh? All kidding aside, yes you are technically correct.

jeffreyhy

sfg,

I know your question was made in jest, but there is a serious answer. My wife's country, for one. USCs (and many other country's citizens as well) can vistit easily, often no visa required. But move there as a 'permanent resident'? Becoming a US PR is much easier. Becoming a citizen? Impossible.

And nothing "technical" about it - he's correct.

Regards, JEff

jeffreyhy

sfg,

Not necessarily. PR status is determined at the time the status is granted, which in this situation is at the time of entry into the USA using the visa. It's quite possible for a person with a CR-1 visa to receive IR-1 status.

Regards, JEff

Bluegrass Lass

Correct, I was trying to make my explanation as simple as possible. It was late, and I didn't want to go into a fuller explanation. I figured he would do further research and come back for more q's later.

md95065

Actually I suspect that the US would also have a problem if she wanted to move to Cuba ...