mattsta

Hi folks

I'm just got engaged to my American girlfriend and I wish to emigrate to the USA

This forum is huge and there's a huge amount of information to trawl through here.

Today is the first day I've really even statrted to look into this and from what I understand, it's going to be a bureaucratic nighmare! We let just about anyone come to the UK but nobody seems very keen on having us Brits trying to escape from Stalin Brown's totalitarian state.

I'd like a brief synopsis of what the process is, and what process should be adopted to minimise the risk of screwing things up

Would greatly appreciate any concise description of how to proceed

Many thanks

M

Noorah101

Here's a good start: http://britishexpats.com/wiki/K1

It's not really a nightmare. As long as you have a straighforward case (i.e., no criminal history, arrests, previous overstays, medical issues) then things will move along steadily. Many people on the forum did all the paperwork ourselves, but if you feel intimidated or confused by a lot of paperwork, you might want to hire an immigration attorney to set your mind at ease.

Have your USC fiancee start the process, and you should be together forever in about 8 to 10 months. It's really not too bad. And of course we'll be here to answer questions you might have along the way.

Best Wishes,
Rene

Noorah101

Here's another good link to the K-1 outline: http://www.familybasedimmigration.com/k1-visa.html

mattsta

Hi Rene

Thankyou for your reply

I do have a single criminal conviction for threatening behaviour.....a single blemish that happened in 2000.

I think a criminal record is struck off afer 8 years apart from more serious crimes. I need to check up on this. Obviously, I'll have to be up front about this as the worst thing you could possibly do is try to deceive or lie about such indiscretions.

Thanks for the link. I'll have a llok right away

mattsta

Further to the criminal record thing, the rehabilitation period for a non custodial sentance is 5 years, thus I believe I will not have a criminal record anymore, having led a virtuous life ever since.

Does anyone know whether I will still have to declare my conviction in the immigration process?

mattsta

Just found this on the 'yourrights.org.uk' wesite

Hmmm. I can sense problems already

Noorah101

Yes, you always declare criminal activity, and bring relevant paperwork to your interview. You will be asked about it.

Rene

Ozzidoc

Not necessarily. Just be honest. Don't lie or fudge anything on the forms.

AlanR

While it may be "struck off" in the UK after various periods of time (up to 10 years for some offences - there's a complicated document that explains this), it still may appear on the police certificate (if within the appropriate time-frame), but most important, DOES NOT EVER expire as far as American immigration authorities are concerned and therefore must be declared. It also (in theory) bars you from using the VWP. You'll need to declare it but as long as you're up-front and it's not a CIMT (which is may be), then I suspect you'll have little problem. There are (fairly new) rules and regulations with crimes involving alcohol (specifically DUI) but I don't think that this is the case here.

meauxna

Yes, you will have to declare them.

You'll notice when you get to them that the questions on the visa application(s) include things like 'Have you ever been arrested?'. Not 'what shows on your police records check?'.

At any rate, if you want to immigrate based on your (pre) marital relationship to a US citizen, you can do so as a fiance (K-1 visa) or a spouse (immigrant visa or possibly K-3 visa).
They each have different pros & cons & each family has to look at what their needs are to match up to the right visa choice.

fatbrit

<sigh>

Elvira

MY sentiments on reading this were a little more.......... :curse:............ but I thought what the heck...

PS: What are your views on the US tax system... (another thread somewhere)

Ozzidoc

Jeez - don't get him started!

meauxna

hee hee.

It's going around I guess, the heavy sighs. Thanks for taking my shift.

mattsta

What's that supposed to mean?