Uk Citizen marring a US Citizen
Oct 4th 2007, 12:56 pm
#16
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Re: Uk Citizen marring a US Citizen
Whether or not there is a waiting period before marriage depends entirely on the state in which you plan to marry.
That aside, it strikes me as funny that you seem to prefer being married and separated, than simply apply for a K-1 visa so that he can come to the US, marry you, and stay in the US to adjust his status without ever having to leave again!
Ian
That aside, it strikes me as funny that you seem to prefer being married and separated, than simply apply for a K-1 visa so that he can come to the US, marry you, and stay in the US to adjust his status without ever having to leave again!
Ian
hmm now here is that dilemma... its not that i prefer to be married and separated.. he works 2 1/2 months at a time.. home for a couple of weeks.. gone again.. so.. we would be apart anyways.. the visa takes 8-10 months.. but even if we took that route.. he would still be back over there.. anyways... its not that i prefer it.. i just a a certain date that means alot to me.. so we want to do it on that date.. and if we try for the K-1 then we will not meet the date ive set.. see my point?? thats why i was asking and checking.. to see our options.. he is not going to be here all the time regardless.. so i myaswell get my wedding date i want
Oct 4th 2007, 4:36 pm
#19
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Re: Uk Citizen marring a US Citizen
There are other advantages (over the K-1) to the K-3 or even better the Immigrant Visa, if he is going to keep this job. Look into the differences between the two regarding travel and work permissions and you may find an even better fit.
Oct 5th 2007, 12:42 am
#20
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Re: Uk Citizen marring a US Citizen
see thats where i get confused lol.. i dont understand alot of it
Oct 5th 2007, 12:56 am
#21
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Posts: 35,082
Re: Uk Citizen marring a US Citizen
A K-1 is a NON-immigrant visa that lets your fiance come to the US to get married to you and file to Adjust Status (AOS) to Permanent Resident. PRs (Permanent Residents) carry what's known as a Green Card. They have permission to live, work and travel in/out of the US.
A K-1 may not travel outside the US without first getting travel permission called Advance Parole (AP for short). They can't apply for AP until they apply for AOS, which they can't do until after they are married.
A K-1 also may not work without special work permission called an Employment Authorization Document (EAD).
A K-3 is a NON-immigrant visa that lets your spouse come to the US and file to Adjust Status (AOS).
A K-3 has travel permission from their first day--they can come and go from the US.
A K-3 may not work without special work permission called an Employment Authorization Document (EAD).
An Immigrant Visa (sometimes called a CR-1) magically turns into Permanent Resident status as soon as he arrives.
PRs have permission to live, work and travel in/out of the US.
AOS costs about $1100 right now.
The conclusion of AOS is a Permanent Resident status (green card), but since it takes 6-XX months to complete, the interim permissions EAD and AP are required. They take time to get.
Since he needs to come and go from the US, you will want to plan for a visa that allows him to do that in the time frame he needs.
All these visa take roughly the same amount of time to get.
example: when we were moving to the US, my husband's mother was in bad health and he needed to be able to leave at any time to go to her. We eliminated the K-1 option because he could not risk the 3-4 months that he might not be able to leave the US.
There are many other tactical advantages to the Immigrant Visa.
Keep in mind that he may NOT 'live' in the US until he has a visa that allows him to do so. I understand that his work situation is unusual, but you both need a better understanding before you make a move of any kind.
Oct 5th 2007, 1:02 am
#22
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Re: Uk Citizen marring a US Citizen
OK, briefly:
A K-1 is a NON-immigrant visa that lets your fiance come to the US to get married to you and file to Adjust Status (AOS) to Permanent Resident. PRs (Permanent Residents) carry what's known as a Green Card. They have permission to live, work and travel in/out of the US.
A K-1 may not travel outside the US without first getting travel permission called Advance Parole (AP for short). They can't apply for AP until they apply for AOS, which they can't do until after they are married.
A K-1 also may not work without special work permission called an Employment Authorization Document (EAD).
A K-3 is a NON-immigrant visa that lets your spouse come to the US and file to Adjust Status (AOS).
A K-3 has travel permission from their first day--they can come and go from the US.
A K-3 may not work without special work permission called an Employment Authorization Document (EAD).
An Immigrant Visa (sometimes called a CR-1) magically turns into Permanent Resident status as soon as he arrives.
PRs have permission to live, work and travel in/out of the US.
AOS costs about $1100 right now.
The conclusion of AOS is a Permanent Resident status (green card), but since it takes 6-XX months to complete, the interim permissions EAD and AP are required. They take time to get.
Since he needs to come and go from the US, you will want to plan for a visa that allows him to do that in the time frame he needs.
All these visa take roughly the same amount of time to get.
example: when we were moving to the US, my husband's mother was in bad health and he needed to be able to leave at any time to go to her. We eliminated the K-1 option because he could not risk the 3-4 months that he might not be able to leave the US.
There are many other tactical advantages to the Immigrant Visa.
Keep in mind that he may NOT 'live' in the US until he has a visa that allows him to do so. I understand that his work situation is unusual, but you both need a better understanding before you make a move of any kind.
A K-1 is a NON-immigrant visa that lets your fiance come to the US to get married to you and file to Adjust Status (AOS) to Permanent Resident. PRs (Permanent Residents) carry what's known as a Green Card. They have permission to live, work and travel in/out of the US.
A K-1 may not travel outside the US without first getting travel permission called Advance Parole (AP for short). They can't apply for AP until they apply for AOS, which they can't do until after they are married.
A K-1 also may not work without special work permission called an Employment Authorization Document (EAD).
A K-3 is a NON-immigrant visa that lets your spouse come to the US and file to Adjust Status (AOS).
A K-3 has travel permission from their first day--they can come and go from the US.
A K-3 may not work without special work permission called an Employment Authorization Document (EAD).
An Immigrant Visa (sometimes called a CR-1) magically turns into Permanent Resident status as soon as he arrives.
PRs have permission to live, work and travel in/out of the US.
AOS costs about $1100 right now.
The conclusion of AOS is a Permanent Resident status (green card), but since it takes 6-XX months to complete, the interim permissions EAD and AP are required. They take time to get.
Since he needs to come and go from the US, you will want to plan for a visa that allows him to do that in the time frame he needs.
All these visa take roughly the same amount of time to get.
example: when we were moving to the US, my husband's mother was in bad health and he needed to be able to leave at any time to go to her. We eliminated the K-1 option because he could not risk the 3-4 months that he might not be able to leave the US.
There are many other tactical advantages to the Immigrant Visa.
Keep in mind that he may NOT 'live' in the US until he has a visa that allows him to do so. I understand that his work situation is unusual, but you both need a better understanding before you make a move of any kind.
Oct 5th 2007, 2:21 am
#23
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Re: Uk Citizen marring a US Citizen
ok thanks.. ill check into this.. im sure he will understand more then i will about what he needs to be able to do what he has to do.. no he will NOT be living here.. he will retain residence in the UK until he is a permanent resident of the us.. then he will be here.. thanks again
Rene
Oct 5th 2007, 3:10 am
#24
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Re: Uk Citizen marring a US Citizen
Ian
Oct 5th 2007, 1:22 pm
#25
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Re: Uk Citizen marring a US Citizen
ok so it seems.. that the best way to do this.. given the work situation.. is to get married on the day we want to get married on.. then apply for the immigrant visa then.. takes the same amount of time right?
Oct 5th 2007, 1:38 pm
#27
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Re: Uk Citizen marring a US Citizen
well a month or two is nothing.. since chances are.. it will be while he is away anyways lol.. thanks so much for all your help guys.. it makes all this easier for me.. as ive never been out of the country.. i have no idea how any of this worked till i started researching.. now i can do it without going.. "ummm what am i doing??" lol just looked it up.. now ..
i still have to be the one to petition for the IV right?? just like the K-1? that i was wondering.. i guess i need to get a immigration lawyer to help me fill it out lol.. regardless.. i feel less confused now then i did before.. thanks so much!!
Oct 5th 2007, 3:08 pm
#29
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Location: Phoenix, Arizona
Posts: 58,679
Re: Uk Citizen marring a US Citizen
Once the petition goes through some channels here at National Visa Center (NVC), the case gets forwarded to the US Embassy in his home country. They will mail him the visa applications and instructions for getting his medical done. He'll return some forms to the embassy, and they will set up an interview date. If he's approved, he gets his Immigrant Visa at that point (well, a few days later).
He will need a police report from any country he's lived in longer than 6 months, since the age of 16. Including his home country.
Best Wishes,
Rene
Last edited by Noorah101; Oct 5th 2007 at 4:31 pm.
Oct 5th 2007, 6:18 pm
#30
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Re: Uk Citizen marring a US Citizen
Yes, after you are married, you will petition for your husband by filing an I-130 to your local service center. You will also be his sponsor, so take a look at the form I-864 (www.uscis.gov, Immigration Forms) and make sure you qualify financially. I-864P will show how much you will need to earn to sponsor him.
Once the petition goes through some channels here at National Visa Center (NVC), the case gets forwarded to the US Embassy in his home country. They will mail him the visa applications and instructions for getting his medical done. He'll return some forms to the embassy, and they will set up an interview date. If he's approved, he gets his Immigrant Visa at that point (well, a few days later).
He will need a police report from any country he's lived in longer than 6 months, since the age of 16. Including his home country.
Best Wishes,
Rene
Once the petition goes through some channels here at National Visa Center (NVC), the case gets forwarded to the US Embassy in his home country. They will mail him the visa applications and instructions for getting his medical done. He'll return some forms to the embassy, and they will set up an interview date. If he's approved, he gets his Immigrant Visa at that point (well, a few days later).
He will need a police report from any country he's lived in longer than 6 months, since the age of 16. Including his home country.
Best Wishes,
Rene