Michael

+1

You should get the paperwork started now. Normally if can take 8-10 months but I believe the military can expedite the process so talk to a JAG officer.

http://www.ncosupport.com/military-l...rant_visa.html

JAJ

As others have said, forget that idea, it doesn't work that way. You actually need a visa/immigration status to be in the United States, unless you are a U.S. citizen or permanent resident. So which visa would you be starting out with?

If there's only one thing you take from this thread it should be that if you want to settle in the U.S. you do things the right way. Consequences of not doing so are really bad - can include you being unable to work in the U.S., obtain any benefits, and in due course having to leave the United States. It can even include being forced to leave behind your future children.

You say you're getting married in 2 months, so the plan generally needs to be:
- Your husband sponsors you for an Immigrant Visa;
- You arrive in the U.S. as an immigrant, become a permanent resident on admission, and get a 2 -year conditional green card.
- Two years down the line, you petition to remove conditions and get an unrestricted 10 year green card.
- Subsequently, apply for U.S. citizenship once eligible.

You may not have an Immigrant Visa by January. If not, you have to stay in the U.K. until you have one.

The alternative, if you plan to get married in the U.S., is to get a K fiancee visa that allows you to switch status to permanent resident once you are married, that gets you the 2 year conditional green card.

civilservant

If you're getting married in 2 months, then you aren't going to have the K1 (fiancee visa) in hand by then. If you get married in the US you will have to enter on the VWP (or a B2 if you have one) and then return to the UK.

At that point your spouse will need to petition for you to be recognised as his spouse (I-130) and when that is approved you can apply for the CR1 visa.

You cannot wait in the US while your CR1 is processing.

Um... they aren't married, so she certainly will not have one before they are

This isn't an option. 2 months is simply not enough time, even in an expedited case. Not with christmas in the way.

Michael

From your previous post, I suspect that someone recommended that you enter as a visitor and adjust status and apply for an Employment Authorization Document (EAD) which should arrive in 60-90 days. Although this is legal if your intent was not to remain in the US (but you may have to convince the interviewing officer) but decided at the spur of the moment to adjust status. As stated in the previous post, this can possibly have serious consequences if your adjustment of status (AOS) is denied.

lashface88

We must have been given false information earlier from his co workers. I'll call the U.S embassy in London first thing in the morning and check everything. That will probably mean I wont go with him in january. I appreciate everyones comments im glad this has been brought to our attention. We are getting married in <snip>

civilservant

They aren't the right people to ask, since they are allowed to give false information and/or lie to you without any repercussions. What we are telling you is correct. If you are getting married this month (which in the UK requires you to ne under immigration control, you cannot do so as a normal visitor) he will need to immediately file an I-130 after your marriage to begin your Immigrant Visa process.

denzil75

Congratulations on your upcoming wedding! I don't know too much about NM but when we were there I never really felt we wondered into any dodgy areas. Once you are there you'll find out which areas to avoid. We live in a really nice part of NJ but 15 miles from us there are some not so nice parts, we just avoid them. Like the others have said on here the most important thing you can do is make sure you have been given the correct advice in terms of what you need to do to ensure you enter the States legally. If it means having to spend a longer time in the UK than you had anticipated then do just that, no point in making things difficult for yourself for the sake of a few months. Have you approached an immigration lawyer? I know the cost can be expensive but worth it in the long run for peace of mind especially when at the immigration counter in NM. I have some friends here that have really screwed up on their visa/green cards applications with devastating effects.

JAJ

We often see cases on this forum of a spouse (mostly the wife) who has "moved" to the United States as a tourist and then either the adjustment of status was refused or (often) never filed, due to other priorities/pressures in life. So years later the spouse is illegally in the U.S., no rights (work, social benefits, driving license etc). Often with a couple of U.S. born children.

Then a divorce occurs, or the U.S. spouse dies, or there's some other problem that she then has to deal with without having many of the rights that U.S. citizens and permanent residents take for granted.

Sometimes the problem can be resolved, but at best it's going to mean a lot of stress, cost and lost income/opportunity at a time in life when it was most needed. Or it can mean years of living in the U.S. as an unlawful non-citizen and trying to take care of children without having work rights, etc. And at worst, it can mean a one-way trip back to the home country, leaving behind U.S. citizen children with the other parent.

Noteworthy is that in some states, a non-U.S. citizen (especially without a green card) may find it more difficult to retain custody of children in a domestic dispute.

Someone moving to a new country needs to understand that their rights in that country, as a foreigner, are limited. It's usually less of an issue if that person obtains the right visa/status from the outset and converts it to permanent residence and (citizenship, if applicable) in due course. At least in the case of the United States, showing up as a tourist with intention to remain long term is a bad start.

HDWill

I don't know where your fiance is stationed, but here is contact info for the U.S immigration assistance office at RAF Mildenhall. I imagine they deal with people in your situation every day of the year.


Citizenship and Immigration Services
Passport and VISA information
Bldg 436
RAF Mildenhall
Bury St Edmunds, Suffolk, United Kingdom 09459-4702

100 FSS/FSMPS
Bldg 436
APO, AE 09459

Phone 011-44-1638-54-2858 (stateside) / 01638-54-3490 (local)
Phone (DSN) 314-238-2858
Mon- Fri 8:00 a.m.- 5:00 p.m.
Sat and Sun - closed

From this website: http://www.militaryinstallations.dod...AB:4705,ALL,IC

Rose tea

I moved from Edinburgh to Albuquerque I've been here 9 years. Feel free to ask away. I used to live near the base so I know the area well.

Have you been to the Southwest before? It's very big and very empty. In the winters it gets very cold, in the summers, it gets very hot. It will be a huge culture shock if you haven't spent time in this region before, but you will adjust if you give it time. There is so much here to love. I prefer it to Edinburgh now to be honest.

I made it work as a pedestrian for the first 3 years but I do not recommend it! I can give you names for affordable driving schools!

lashface88

well I've looked into the correct ways of obtaining a visa and my partner would need to file a petition for alien relative (I-130) So that will get the ball rolling. However, I've been told it approx takes 5 months for the visa but I'd rather spend a few months apart and get the right visa. Thanks to everyone who shared their information!! It has been a real help!

Pulaski

On the work front, most states (not sure about NM) require licencing for all beauty therapists, including hairdressers, so you will need to look into what you will need to do to become licensed to work as a beautician, because it is highly unlikely that your existing qualifications will allow you to start work immediately.

christmasoompa

That's only for one part of the process though right, not the whole processing time?

lashface88

Im not sure what you mean by one part of the process and processing time. I asked how long it would take for the visa and the response was approx 5 months.

christmasoompa

I think you should start a new thread asking about the visa process in the marriage visas section of the forum, as my (limited) understanding is that it takes longer than 5 months and is a 2 part process - as above, the usual timescale is quoted at around 8-10 months I believe.

But I'm only going on what I've read, so do double check that in the marriage forums!

Good luck.