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Looking for Advice

Old Jan 20th 2002, 12:07 pm
  #1  
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Hi All

I am currently living in the UK and have been dating an American woman for a few years, as such we have been looking at getting married in the near future. Since I am looking to immigrate to the USA we will be getting married there.

Can someone give me advice on what procedures we would need to go through, how many/what forms we would have to complete, approximate time scales, would I be able to apply for jobs straight away? etc. Basically neither of us know a great deal about any of the procedures we have to go through and are looking for any useful advice.

Many Thanks

Ian
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Old Jan 20th 2002, 12:25 pm
  #2  
Alvena Ferreira
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one_of_those_days wrote:
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You have about 3 basic choices:
1. enter on a visa waiver as a tourist: decide to marry after you enter, marry and
file adjustment of status. You might be asked to prove that you did not have
pre-conceived intent to marry after such an entry if you married within 60 days of
entry. Many people file adjustment in this manner.
2. Fiance visa: The US citizen fiance files an I-129f form for a fiance visa, it goes
through the service center, then to US consulate in London, you gather
forms/documents, have an interview, get the visa, enter the US, marry and file
adjustment of status. Total time: around 6 months, but might be less.
3. Spouse visa: you marry and then the US citizen spouse files an I-130 for you, and
once she gets the notice of action from the service center, she files I-129F for a
K3 spouse visa for you, you enter and file adjustment of status after you get the
visa. Total time: maybe 6-9 months.

Part of the time frame for work authorization depends on which local INS office you
would be using, they all have different processing times. Also, each service center
has different processing times for fiance or spouse visas. These times fluctuate
according to their workload also, so times are never set in cement. Work
authorization can take up to 90 days at some offices, and yet others let you get it
the same day you file if you file in person. If you tell us which local INS office
you would be using in the US, we could probably give you a better educated opinion of
which method would be best for you, in terms of immigration.

Whichever method is used, all US fiances/spouses must sign an affidavit of support
for foreign fiances/spouses, which involves their having 125% of the poverty line in
income, however if they don't have this income, they are allowed to have another US
citizen or resident act as a co-sponsor.

Start out on the doc steen site in the "DCF: which visa" area and read from there.It
has links to tourist visa, fiance visa, and k-3 visa procedures/adjustment. Alvena
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Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 

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