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-   -   Immigration to the USA please help! (https://britishexpats.com/forum/usa-57/immigration-usa-please-help-892101/)

Juniorjay12 Feb 22nd 2017 11:47 pm

Immigration to the USA please help!
 
Good Evening,

I wondered if you could help me!

My partner lives in the USA (Nebraska) and we have been together for a while. We have discussed getting married in the future, but because of her pharmcutical certificate it will only allow her to practice in her state alone (for now) so she wants to stay in the US.

I also have a brother (same mum), who is a permenant resident in the US and lives in NY.

I have looked for hours on the internet for a simple explanation of where I need to start the process obtaining a visa and what options I'd have.

I myself have a HCE in Construction Management and currently Drywall in the UK.. I don't know whether my qualification and background wosuld help me obtain a visa.

I just need someone to break down what my options are and where I need to start.

Any help would be amazing!

Thanks,

Josh

tom169 Feb 22nd 2017 11:56 pm

Re: Immigration to the USA please help!
 
http://britishexpats.com/wiki/Comparison_of_marriage-based_visas

Sounds like you're getting married and moving to Nebraska.

The Moose Feb 23rd 2017 12:02 am

Re: Immigration to the USA please help!
 
Married and move to Nebraska.

What's the worst that could happen? Penny comes from there!

Juniorjay12 Feb 23rd 2017 12:42 am

Re: Immigration to the USA please help!
 

Originally Posted by The Moose (Post 12187287)
Married and move to Nebraska.

What's the worst that could happen? Penny comes from there!

It's a beautiful place! Nice reference to the BBT, I love that show too.

I have just been on the US Visa Website and found some kinda useful info. But they make it sound so hard!

Do you know how long this process takes?

Pulaski Feb 23rd 2017 12:56 am

Re: Immigration to the USA please help!
 

Originally Posted by Juniorjay12 (Post 12187303)
It's a beautiful place! Nice reference to the BBT, I love that show too.

I have just been on the US Visa Website and found some kinda useful info. But they make it sound so hard!

Do you know how long this process takes?

If your spouse lives in the US, it'll take 8-10 months to get your visa after you get married, but you can work immediately after you have cleared immigration on arrival in the US with your visa. You can visit the US while your visa is being processed, but you will need to be in the UK for your medical, your interview, and to respond if you are asked for furthur evidence (RFE).

A K-1 fiancé visa is an alternative, but you are unlikely to be able to work for about five months after you arrive in the US. You have 90 days to get married after you arrive on a K-1 fiance visa. You also have to "adjust status" from you fiancé status to a married status, which requires more forms and of course, more fees.

tom169 Feb 23rd 2017 12:57 am

Re: Immigration to the USA please help!
 

Originally Posted by Juniorjay12 (Post 12187303)
It's a beautiful place! Nice reference to the BBT, I love that show too.

I have just been on the US Visa Website and found some kinda useful info. But they make it sound so hard!

Do you know how long this process takes?

8-10 months start to finish.

Check the link I posted for comparison of your options.

This will likely need moving to the marriage forum.

Juniorjay12 Feb 23rd 2017 1:11 am

Re: Immigration to the USA please help!
 

Originally Posted by Pulaski (Post 12187308)
If your spouse lives in the US, it'll take 8-10 months to get your visa after you get married, but you can work immediately after you have cleared immigration on arrival in the US with your visa. You can visit the US while your visa is being processed, but you will need to be in the UK for your medical, your interview, and to respond if you are asked for furthur evidence (RFE).

A K-1 fiancé visa is an alternative, but you are unlikely to be able to work for about five months after you arrive in the US. You have 90 days to get married after you arrive on a K-1 fiance visa. You also have to "adjust status" from you fiancé status to a married status, which requires more forms and of course, more fees.

If we got married and I stayed in the UK. What visa process would I take instead of the K-1? I must admit, I've looked into the K-1 Visa and it seems the easiest. But then again, I don't know much at the moment.

The govt website gives a lot of information that is hard to understand.

Pulaski Feb 23rd 2017 1:53 am

Re: Immigration to the USA please help!
 

Originally Posted by Juniorjay12 (Post 12187315)
If we got married and I stayed in the UK. What visa process would I take instead of the K-1? I must admit, I've looked into the K-1 Visa and it seems the easiest. .....

If you get married then return to the UK to apply for a visa the visa will be a CR-1. Despite having been a member of BE for 15 years, and very active for about half of those years, I have only come to realize in the past few weeks that many people are plumping for the K-1 fiancé(e) visa because they aren't aware of the CR-1 process and how it works.

In truth neither the K-1 nor the CR-1 are "ideal", but the CR-1 can have a significant cost advantage because the immigrant spouse can work right up until they leave for the US with their CR-1 visa, and they can work immediately upon arrival in the US. When I got my CR-1, I worked until October 31, left the UK on November 6, and started work on November 12 - that was all in 2001. :)

Nutmegger Feb 23rd 2017 2:26 am

Re: Immigration to the USA please help!
 

Originally Posted by Juniorjay12 (Post 12187315)
If we got married and I stayed in the UK. What visa process would I take instead of the K-1? I must admit, I've looked into the K-1 Visa and it seems the easiest. But then again, I don't know much at the moment.

The govt website gives a lot of information that is hard to understand.

Scroll up the page where this thread is located and you'll see the section heading for the forum on marriage based visas. You'll find lots of info there, along with a comparison of the fiancé and spouse visas.

Juniorjay12 Feb 23rd 2017 2:54 am

Re: Immigration to the USA please help!
 

Originally Posted by Pulaski (Post 12187327)
If you get married then return to the UK to apply for a visa the visa will be a CR-1. Despite having been a member of BE for 15 years, and very active for about half of those years, I have only come to realize in the past few weeks that many people are plumping for the K-1 fiancé(e) visa because they aren't aware of the CR-1 process and how it works.

In truth neither the K-1 nor the CR-1 are "ideal", but the CR-1 can have a significant cost advantage because the immigrant spouse can work right up until they leave for the US with their CR-1 visa, and they can work immediately upon arrival in the US. When I got my CR-1, I worked until October 31, left the UK on November 6, and started work on November 12 - that was all in 2001. :)

That's great advice, thanks a lot! I was thinking maybe the CR-1 visa would be more ideal in the long run as I'd be able to work straight away. So it would be the one I'd naturally go for.

If I went to the US to marry and return. Would I be able to do so on a normal travel visa? Or would I have to apply for one to be married? That's the only other question I have.

It seems like a really intense process, of course it will be worth it in the end. :)

Rete Feb 23rd 2017 3:05 am

Re: Immigration to the USA please help!
 

Originally Posted by Juniorjay12 (Post 12187349)
That's great advice, thanks a lot! I was thinking maybe the CR-1 visa would be more ideal in the long run as I'd be able to work straight away. So it would be the one I'd naturally go for.

If I went to the US to marry and return. Would I be able to do so on a normal travel visa? Or would I have to apply for one to be married? That's the only other question I have.

It seems like a really intense process, of course it will be worth it in the end. :)


If you are eligible to use the VWP, you will not need a travel visa. Also if you are planning leaving the US for the UK after your marriage you do not need a visa to enter the US to marry and then leave before your VWP stay expires.

It is NOT an intense process. It is only appears so because you are overwhelmed with too much information to take in at the moment. The process is simple and straightforward and easily done. The only way for it not to be successful is if you, the foreigner, have a criminal history or a medical issue that is communicable or injurious to yourself or others.

Please read the links listed in the posts above.

Juniorjay12 Feb 23rd 2017 3:44 am

Re: Immigration to the USA please help!
 

Originally Posted by Rete (Post 12187364)
If you are eligible to use the VWP, you will not need a travel visa. Also if you are planning leaving the US for the UK after your marriage you do not need a visa to enter the US to marry and then leave before your VWP stay expires.

It is NOT an intense process. It is only appears so because you are overwhelmed with too much information to take in at the moment. The process is simple and straightforward and easily done. The only way for it not to be successful is if you, the foreigner, have a criminal history or a medical issue that is communicable or injurious to yourself or others.

Please read the links listed in the posts above.

Thanks helpful! Thanks.

Fortunately I have no criminal record and I'm rather healthy (Touch wood).

Thanks for all the advice! I'm feeling more confident about the process now.

Noorah101 Feb 23rd 2017 4:11 am

Re: Immigration to the USA please help!
 
I'm closing this thread as the OP has started a thread in the marriage forum.

Rene
Moderator


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