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moving to the US after marriage and living abroad

moving to the US after marriage and living abroad

Old Dec 14th 2003, 3:25 am
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Default moving to the US after marriage and living abroad

i have a girlfriend that is married to someone in iceland...they have a child together, and they have been living in iceland for a couple years now. she is a citizen of the US and the husband is icelandic.

they do plan on moving back to the US, and b/c of the process i've been going through i asked her what they were going to do about his visa...but she said she didn't think he needed one - that things were different for europeans than mexicans b/c he didn't even have to have a tourist visa to visit

but, wouldn't they still have to go through the K3 process to bring him here....and wouldn't that mean that she either has to have a job here in advance or they would have to have enough savings to show that he wouldn't be a public charge?

she did mention that he wanted to go to school here so they could just get a school visa....but how would they not have to have a visa at all for him to live here legally? i thought anyone intending to immigrate to the US from anywhere had to have a visa?

and b/c they are already married he can't just come here and wait for the visa to process either, right?
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Old Dec 14th 2003, 3:28 am
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Default Re: moving to the US after marriage and living abroad

I think your friend is in for a rude awakening.


Originally posted by cmstrick
i have a girlfriend that is married to someone in iceland...they have a child together, and they have been living in iceland for a couple years now. she is a citizen of the US and the husband is icelandic.

they do plan on moving back to the US, and b/c of the process i've been going through i asked her what they were going to do about his visa...but she said she didn't think he needed one - that things were different for europeans than mexicans b/c he didn't even have to have a tourist visa to visit

but, wouldn't they still have to go through the K3 process to bring him here....and wouldn't that mean that she either has to have a job here in advance or they would have to have enough savings to show that he wouldn't be a public charge?

she did mention that he wanted to go to school here so they could just get a school visa....but how would they not have to have a visa at all for him to live here legally? i thought anyone intending to immigrate to the US from anywhere had to have a visa?

and b/c they are already married he can't just come here and wait for the visa to process either, right?
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Old Dec 14th 2003, 3:33 am
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Default Re: moving to the US after marriage and living abroad

Originally posted by lpdiver
I think your friend is in for a rude awakening.
that is what i tried to tell her b/c when eduardo was turned away at the POE for telling them he wanted to marry me i asked if i could just go to mexico, marry him and bring him back - they said no

they told me about the fiance visa....that is when i asked which would be faster, and they told me fiance visa would probably be faster....

i just hope she listens to me and contacts someone about their plans /
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Old Dec 14th 2003, 3:35 am
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Default Re: moving to the US after marriage and living abroad

I second that.

I think you can pretty much tell her that you know more about this than she does. What you listed sounds right enough.
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Old Dec 14th 2003, 3:36 am
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Default Re: moving to the US after marriage and living abroad

I truly do not know; but it does bear investigating...hate to sell everything, cancel leases, whatever, and then buy a ticket only to be turned around at POE.


Originally posted by cmstrick
that is what i tried to tell her b/c when eduardo was turned away at the POE for telling them he wanted to marry me i asked if i could just go to mexico, marry him and bring him back - they said no

they told me about the fiance visa....that is when i asked which would be faster, and they told me fiance visa would probably be faster....

i just hope she listens to me and contacts someone about their plans /
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Old Dec 14th 2003, 6:04 am
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Default Re: moving to the US after marriage and living abroad

If she's been living in Iceland for quite a while, she may have residency there, which may allow them to qualify for DCF. If so, that only takes a few months to approve, while they are still there in Iceland. Then, when her and hubby enter the USA, he will already have permanent residency (if not his GC) and be able to work. Tell her to check out the US Embassy in Iceland (wouldn't it be in Reyjavik?) for more info. I probably misspelled that city's name. ;-)

Jamie

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Old Dec 14th 2003, 6:10 am
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Default Re: moving to the US after marriage and living abroad

Excellent thought...actually Iceland is still listed as one of the countries that will allow DCF for non-residents. Definately worth checking out.


Originally posted by sunflwrgrl13
If she's been living in Iceland for quite a while, she may have residency there, which may allow them to qualify for DCF. If so, that only takes a few months to approve, while they are still there in Iceland. Then, when her and hubby enter the USA, he will already have his GC and be able to work. Tell her to check out the US Embassy in Iceland (wouldn't it be in Reyjavik?) for more info. I probably misspelled that city's name. ;-)

Jamie
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Old Dec 14th 2003, 4:49 pm
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Default Re: moving to the US after marriage and living abroad

Originally posted by sunflwrgrl13
If she's been living in Iceland for quite a while, she may have residency there, which may allow them to qualify for DCF. If so, that only takes a few months to approve, while they are still there in Iceland. Then, when her and hubby enter the USA, he will already have permanent residency (if not his GC) and be able to work. Tell her to check out the US Embassy in Iceland (wouldn't it be in Reyjavik?) for more info. I probably misspelled that city's name. ;-)

Jamie
goog point! i never even think about DCF as an option b/c eduardo is mexican and they don't offer that!

i'll definitely mention these options to her...it's worth checking out b/c i'd hate to see them separated

thanks!
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Old Dec 14th 2003, 7:39 pm
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Default Re: moving to the US after marriage and living abroad

Originally posted by cmstrick
goog point! i never even think about DCF as an option b/c eduardo is mexican and they don't offer that!

i'll definitely mention these options to her...it's worth checking out b/c i'd hate to see them separated

thanks!

DCF would be the way for them to go if it is available. However, unless you can shake some sense into her before they get to the airport and have shipped all their belongings over ahead of them, telling her is like tell the ocean not to ebb.

You can point her in this direction or to the US Consulate website in Iceland.

I also don't believe he will be eligible for an F-1 because he clearly has intent to migrate.

Another point is for doing any type of visa for getting her husband into the US she will need to complete an affidavit of support for him. Has she been filing her US taxes since she has been out of the country? Does she or do they have enough in assets to perhaps use that for the affidavit? They will need 125 of th epoverty guidelines for a family of three times 5 to met the requirements.

There is a lot more to all this than she thinks. She is only thinking of the VWP for traveling as a tourist. A whole different world for migrating.

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