Want to move to the USA... Advice please
#1
Just Joined
Thread Starter
Joined: Jul 2010
Location: UK
Posts: 18
Want to move to the USA... Advice please
Basic info
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
#2
Forum Regular
Joined: Jul 2010
Location: Glendale, CA
Posts: 285
Re: Want to move to the USA... Advice please
Basic info
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
2 6-8 months for a fiance visa (K1), 8-10 months for a spouse visa (CR1)
3 If your case is straightforward without red flags (e.g. big age difference, divorce right before filing for the immigrant visa, violation of US immigration laws or criminal records on your part that could make you inadmissible) then it's easy enough to do by yourselves. You'll still have to do a lot of reading to make sure you get everything right as there's a lot of paperwork and steps involved
4 Go to the top of the page and read the relevant wiki entries. They'll help you a lot as they explain the whole process
5 Yes you can. Whether you'll be admitted to the US with an immigrant visa pending is at the discretion of the IO at the port of entry. If you can prove strong ties to the UK and you don't visit too often while your case is pending, you should be fine
6 If you enter on a fiance visa, I believe you need to apply for advance parole to leave the US, as getting a green card will take a few more months (you'll have to go through the adjustment of status process first). If you enter on a spouse visa, your green card will be produced shortly after your entry and should be sent to you within a month or so of entry. As soon as you get the green card you'll be fine to go. Just don't stay outside the US for too long (the usual recommendation is no more than 6 months continuously) or you may be putting your Permanent Resident status in danger.
7 If entering on a fiance visa, you'll first have to apply for Employment Authorization before you can start working (takes about 3 months) and you'll be doing adjustment of status at the same time. If entering on a spouse visa, pretty much from day one, although you still won't have your green card or social security card in hand for the first few weeks.
#3
Re: Want to move to the USA... Advice please
Basic info
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
#5
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Want to move to the USA... Advice please
Ian
#7
Just Joined
Thread Starter
Joined: Jul 2010
Location: UK
Posts: 18
Re: Want to move to the USA... Advice please
Hi CC
Many thanks for your answers. and Marriage will be the route we take.
Sorry if this is duplicated
1 Does Kim apply now for marriage licence and then in 8/10 months we go ahead and have a ceremony as I thought it was illegal to enter the USA with the intention to marry ?
2 We could marry in the UK... would that be easier or more complicated
Thanks
Mark
Many thanks for your answers. and Marriage will be the route we take.
Sorry if this is duplicated
1 Does Kim apply now for marriage licence and then in 8/10 months we go ahead and have a ceremony as I thought it was illegal to enter the USA with the intention to marry ?
2 We could marry in the UK... would that be easier or more complicated
Thanks
Mark
#8
Forum Regular
Joined: Jul 2010
Location: Glendale, CA
Posts: 285
Re: Want to move to the USA... Advice please
Hi CC
Many thanks for your answers. and Marriage will be the route we take.
Sorry if this is duplicated
1 Does Kim apply now for marriage licence and then in 8/10 months we go ahead and have a ceremony as I thought it was illegal to enter the USA with the intention to marry ?
2 We could marry in the UK... would that be easier or more complicated
Thanks
Mark
Many thanks for your answers. and Marriage will be the route we take.
Sorry if this is duplicated
1 Does Kim apply now for marriage licence and then in 8/10 months we go ahead and have a ceremony as I thought it was illegal to enter the USA with the intention to marry ?
2 We could marry in the UK... would that be easier or more complicated
Thanks
Mark
Re the marriage license: look at your State's regulations for issuance of marriage licenses - each State has a little different requirements.
2 Again this is up to you, but generally, it's easier in the US. Usually both people have to show up at their local registrar's office with proof of ID, pay the fee, swear that they're telling the truth, and the marriage license is issued there and then. In the UK your fiancee would need a special license from the government as she is an overseas national, similar to a fiance visa which could take around 3 months to get. If you want the easiest option, I'd go for a US wedding.
Good luck.
#9
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Want to move to the USA... Advice please
Fair enough... you never said Kansas City. In another thread you said she lived in Missouri, and in this thread you said she lived in the "Kansas area". Although not an issue here, being precise will really pay off as you deal with US immigration!
Did you read the link provided and our Wiki?
It is not illegal to enter the US to marry. It is illegal to enter the US to marry and then stay to adjust your status.
You marry first. Once you have the marriage certificate, Kim submits the I-130 to start the process. In 8-10 months, you'll enter the US with an immigrant visa and immediately become a US permanent resident (= green card).
More complicated. You can marry in the US on the VWP; she needs a visa to marry in the UK.
Ian
Sorry if this is duplicated
Does Kim apply now for marriage licence and then in 8/10 months we go ahead and have a ceremony as I thought it was illegal to enter the USA with the intention to marry ?
You marry first. Once you have the marriage certificate, Kim submits the I-130 to start the process. In 8-10 months, you'll enter the US with an immigrant visa and immediately become a US permanent resident (= green card).
We could marry in the UK... would that be easier or more complicated
Ian
#10
Just Joined
Thread Starter
Joined: Jul 2010
Location: UK
Posts: 18
Re: Want to move to the USA... Advice please
Fair enough... you never said Kansas City. In another thread you said she lived in Missouri, and in this thread you said she lived in the "Kansas area". Although not an issue here, being precise will really pay off as you deal with US immigration!
Did you read the link provided and our Wiki?
It is not illegal to enter the US to marry. It is illegal to enter the US to marry and then stay to adjust your status.
You marry first. Once you have the marriage certificate, Kim submits the I-130 to start the process. In 8-10 months, you'll enter the US with an immigrant visa and immediately become a US permanent resident (= green card).
More complicated. You can marry in the US on the VWP; she needs a visa to marry in the UK.
Ian
Did you read the link provided and our Wiki?
It is not illegal to enter the US to marry. It is illegal to enter the US to marry and then stay to adjust your status.
You marry first. Once you have the marriage certificate, Kim submits the I-130 to start the process. In 8-10 months, you'll enter the US with an immigrant visa and immediately become a US permanent resident (= green card).
More complicated. You can marry in the US on the VWP; she needs a visa to marry in the UK.
Ian
#11
Re: Want to move to the USA... Advice please
One of them is, there's another one across the river in Kansas.
That aside, you didn't write 'Kansas City', you wrote "Kansas area", so when one references only a state name readers tend to not realize that you are really writing about an entirely different state.
Regards, JEff
That aside, you didn't write 'Kansas City', you wrote "Kansas area", so when one references only a state name readers tend to not realize that you are really writing about an entirely different state.
Regards, JEff
Last edited by jeffreyhy; Dec 6th 2010 at 6:01 pm.
#12
Just Joined
Joined: Sep 2010
Posts: 11
Re: Want to move to the USA... Advice please
Basic info
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
Have been dating a girl from Kansas area for now coming up to a year and we would like to be together longterm.
Would like some basic advice please on the following questions but if there are other tips please let me know.
1 Do I apply for a fiance or marriage visa
2 How long does it take for the visa to be granted once the application has been submitted.
3 Is it worth employing an attorney or is it easy enough to do yourself.
4 Once I apply for the visa what are my next steps
5 Can I continue to travel to the USA once the process starts if I can prove that I intend to return to the UK ( return flight, job commitments, diary ect )
6 Once Im married when can I leave the USA to sort out my house sale, close business ect.
7 At what point can i start working in the USA
Many thanks in advance
Mark
Regarding when you can start working this may also help: If you make your Port of Entry (POE) as JFK Airport then I believe you should be able to get your passport stamped with a temporary work permit - think its good for up to 90 days. I immigrated on a K1 Fiancee visa via JFK and got the work permit stamp on arrival when going through immigration. At the time (January 2007) I understood that JFK was the only POE doing this. I was advised to wait a couple of weeks before applying for a social security number (Americans wont believe you exist without one) to allow my details to get into the system - and it worked out fine. With your 90-day work permit on arrival you should be able to start work immediately, but as your employer will need your social security number, you may find it better to wait for that before you start.
Hope this helps. Good luck.
#13
Re: Want to move to the USA... Advice please
I am responding only to your item (7) as others have done a good job answering the others.
Regarding when you can start working this may also help: If you make your Port of Entry (POE) as JFK Airport then I believe you should be able to get your passport stamped with a temporary work permit - think its good for up to 90 days. I immigrated on a K1 Fiancee visa via JFK and got the work permit stamp on arrival when going through immigration. At the time (January 2007) I understood that JFK was the only POE doing this. I was advised to wait a couple of weeks before applying for a social security number (Americans wont believe you exist without one) to allow my details to get into the system - and it worked out fine. With your 90-day work permit on arrival you should be able to start work immediately, but as your employer will need your social security number, you may find it better to wait for that before you start.
Hope this helps. Good luck.
Regarding when you can start working this may also help: If you make your Port of Entry (POE) as JFK Airport then I believe you should be able to get your passport stamped with a temporary work permit - think its good for up to 90 days. I immigrated on a K1 Fiancee visa via JFK and got the work permit stamp on arrival when going through immigration. At the time (January 2007) I understood that JFK was the only POE doing this. I was advised to wait a couple of weeks before applying for a social security number (Americans wont believe you exist without one) to allow my details to get into the system - and it worked out fine. With your 90-day work permit on arrival you should be able to start work immediately, but as your employer will need your social security number, you may find it better to wait for that before you start.
Hope this helps. Good luck.
However, times have changed, and now the employer needs to fill out an I-9 form for everyone he hires. Unfortunately, the temp 90-day EAD stamp given out at JFK is no longer a valid hiring document on the I-9. Therefore, even if Mark enters on a K-1 and gets the temp EAD stamp at JFK, he won't be work authorized until he gets his EAD in hand. It takes about 90 days from filing AOS to get EAD in hand.
If Mark decides to marry and then do the Immigrant Visa, he becomes a US PR when he enters the USA, and is work authorized from Day 1.
Rene
Last edited by Noorah101; Dec 6th 2010 at 7:30 pm.
#14
Re: Want to move to the USA... Advice please
Hi Mark. We understand that marriage will be the route you'll take. The K-1 fiance visa is also a marriage-based visa. Do you mean you'll be getting married first, and then taking the Immigrant Visa route? That will help narrow down the answers you get. People are still thinking you might do the K-1 visa.
Rene
Rene
#15
Just Joined
Joined: Sep 2010
Posts: 11
Re: Want to move to the USA... Advice please
We still don't know for sure if Mark is coming over on a K-1 or an Immigrant Visa, so your answer is for the K-1.
However, times have changed, and now the employer needs to fill out an I-9 form for everyone he hires. Unfortunately, the temp 90-day EAD stamp given out at JFK is no longer a valid hiring document on the I-9. Therefore, even if Mark enters on a K-1 and gets the temp EAD stamp at JFK, he won't be work authorized until her gets his EAD in hand. It takes about 90 days from filing AOS to get EAD in hand.
If Mark decides to marry and then do the Immigrant Visa, he becomes a US PR when he enters the USA, and is work authorized from Day 1.
Rene
However, times have changed, and now the employer needs to fill out an I-9 form for everyone he hires. Unfortunately, the temp 90-day EAD stamp given out at JFK is no longer a valid hiring document on the I-9. Therefore, even if Mark enters on a K-1 and gets the temp EAD stamp at JFK, he won't be work authorized until her gets his EAD in hand. It takes about 90 days from filing AOS to get EAD in hand.
If Mark decides to marry and then do the Immigrant Visa, he becomes a US PR when he enters the USA, and is work authorized from Day 1.
Rene