Moving to the US: Practical Questions
 

Hiya,

Just joined.. thought I'd start as I mean to go on.... following rules...so I thought I'd introduce myself and see how it goes from there...

Ok, so at the moment, I'm in the UK and will be moving to the US of A (Arizona to be precise) on the 1st of Nov, as I'm getting married on the 11th of Nov.

I have the daunting task (well I hope not that daunting) deciding on wether I'm going to sell up my house or rent it out (as the rent value is a bit low at the mo, and might not cover the mortage) I've got a little Cavalier King Charles I'm wanting to take with me (She's only 2 and a bit, and it like a little kid with all the energy she's got). I'd love to just take the essentials, clothes and computers (I class that as essential :eek:) and leave the rest...dunno if that is gonna happen...

I'd love someone to come in and sort all this for me, close my eyes, click my fingers, what ever we would like to say... but it ain't gonna happen, so I've come across this forum, which would appear to have a wealth of information, exsist threads and knowledge, and if not, I know I can start a thread.

Lets see what the future brings for me, am I going to get stressed or very stressed... I'm hoping I'll find the answers I need to any questions I post and I look forwards to chatting to a few of you soon (via the threads)

Speak Soon.
Paul.

Re: Morning (Or Evening, depending on when you read this)
 

Hi there Paul, welcome aboard.

I'm moving your post over to the USA forum since you have such specific questions.
There is a LOT of information about moving the kitty; please do some searches.

There is also quite a bit of information about moving electronics etc, and about what to do with the house, so hopefully folks will chime in with that.

Some of the answers will depend on knowing what visa you are coming over with, so maybe you can answer that first?

Lucky you, enjoy Arizona!

Re: Moving to the US: Practical Questions (Dogs inside!)
 

Hiya...

Oh, I plan on doing lots of searchs, I've been searching around the board and just reading other general threads...

I should have pointed out, and a big presumption on my part, Coco is a Dog...I think she might get upset if I say "here, kitty" lol...

As for the Visa, I am going over there on a Visitors Visa, then sending the paperwork in when I'm married, this was advised by one of my fiancee's co-workers. I won't mention her job incase it is frowned upon, but it's government based...

Thanks for your input.
Regards
Paul.

Re: Moving to the US: Practical Questions (Dogs inside!)
 

Uh oh...

Re: Moving to the US: Practical Questions (Kittens inside!)
 

Please can I have your opinion/view/advice if you feel that is the wrong way to do about it...

Regards
Paul.

Re: Moving to the US: Practical Questions (Kittens inside!)
 

My apologies. Of course.

There is a saying here called "ten foot pole". It refers to not discussing your particular method of immigrating because it's so frowned upon. Try searching for ten foot pole in your search box.

Why not apply for a K-1 visa instead? It's a lot safer.

Re: Moving to the US: Practical Questions (Kittens inside!)
 

Paul

Can I be clear...you are travelling under the Visa waiver program, and after you get married, do you intend to adjust your status to that of spouse visa and remain in Arizona?

Re: Moving to the US: Practical Questions (Dogs inside!)
 

Time for popcorn...:rofl:

Re: Moving to the US: Practical Questions (Dogs inside!)
 

I'll pour the wine... white or red?

Re: Moving to the US: Practical Questions (Kittens inside!)
 

That is correct.

Re: Moving to the US: Practical Questions (Dogs inside!)
 

Can I have some Cointreau please ;)

Re: Moving to the US: Practical Questions (Kittens inside!)
 

Ok, thanks for the clarification., just so we all know we are on the same page.

Can I suggest that your first port of call is to go and punch the co worker who gave you the first bit of information about staying on and putting in the paperwork. Then go grab a beer and watch the replies come in...

Re: Moving to the US: Practical Questions (Kittens inside!)
 

I will, but can I ask, why is it a bad idea? so I can explain to my fiancee.

Re: Moving to the US: Practical Questions (Kittens inside!)
 

Because it's illegal?

Because you have no right of appeal if your AOS goes tits up?

Re: Moving to the US: Practical Questions (Dogs inside!)
 

:o I knew that about the breed.. I don't know why I had kittens on the brain! Sorry Coco!

I'm afraid your plan is no plan. Not one that anyone here will really help you with. It's illegal to come to the US as a visitor with the intention to immigrate on that visit. You need a visa in advance, that gives you permission to move.

On that note; I'm going to move your thread to the marriage based visa forum where it will stay on track for the immigration questions. IMO, you other questions have zero bearing until you have a legal immigration path (based on past conversations here).
Since most people go through considerable effort to get to the US, they have little patience for advice for folk who want to go the effort free way.

Re: Moving to the US: Practical Questions (Kittens inside!)
 

Ten foot pole, dude, ten foot pole...

To do what you're planning on doing is to open youself up to being caught by the authorities and shipped back home. Honestly, use either the K-1 fiance visa or the CR-1 spouse visa instead. Much harder to send you home if you've done things properly.

And yes, telling us your plan on a public website might not be such a good idea. The internet has eyes and ears.

Re: Moving to the US: Practical Questions (Kittens inside!)
 

I think I just outlined it in my other post.

The good news is, you have plenty of time to apply for the correct visa to come in November and get married, and apply to stay. :)
And bring Coco & company along with you.

Sorry about the thread moves. This can be a touchy subject and I've got trigger finger today.

EDIT:

I Am a U.S. Citizen...How Do I...Help My Fiancé(e) Become a Permanent Resident of the United States?

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to
get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five
years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become
a permanent resident.

Re: Moving to the US: Practical Questions (Kittens inside!)
 

:) I think OP has no idea what that means and just needs some gentle guidance in the right direction.
Note that his plan is for November, 11 months from now, so there is plenty of time for a course correction.

Re: Moving to the US: Practical Questions
 

Thank you for the advice on this....

I'm going to speak to my fiancee tonight, and get her to speak to her co-worker to ask again...we were under the impress that her co-worker knew what she was talking about, considering the department she works for...

Hmmmmmm..that has put a dampner on things...

Re: Moving to the US: Practical Questions (Kittens inside!)
 

Aye... which is why I suggested he search for it in post #6. :lol:

Re: Moving to the US: Practical Questions
 

Why would you want to rely on hearsay rather than immigration law?

Re: Moving to the US: Practical Questions
 

I'm going to go back and chat to her tonight.

If it's being said that the internet has ears and eyes, I am now being choosey as to what I put. Finding it very difficult to explain.

I'll have to see the outcome and the route we now go down..

Re: Moving to the US: Practical Questions
 

assuming that a certain government department is USCIS you would be the 2nd one today I have come across who someone from there has advised to act in an illegal manner.

Re: Moving to the US: Practical Questions
 

Well, my day started in a depressed kinda way....doh!!

Re: Moving to the US: Practical Questions
 

The solution is simple and within reach without impacting your ultimate goals.. don't be depressed! :)

Re: Moving to the US: Practical Questions
 

well it can only get better and you have plenty of time to go the correct route with no worry and no looking over your shoulder in case the wheel(s) come off.

Re: Moving to the US: Practical Questions
 

Hi Paul,

It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident. Do people do it, and get away with it? Yes. Does that make it legal? No. Speeding is illegal, but people do it and get away with it...but if caught, they pay a price, and so will you if your AOS is denied after having entered as a visitor (the price is in tune with a permanent ban from the USA).

Since you have so much time until your big move is planned, you have lots of time to research and do one of the two legal methods to immigrate to the USA - K-1 fiance visa or spouse Immigrant Visa. The K-1 takes about 6 - 8 months to obtain, then you have 6 months to use it, and then 90 days in which to get married in the USA. The Immigrant Visa (you must be married first) takes about 8 - 10 months to obtain, is valid for 6 months, and you become a US PR upon entry to the USA.

You have a couple of excellent choices and nothing to panic about. :)

We are all here to help answer your questions.

Rene

Re: Moving to the US: Practical Questions
 

From the OP it seems like the wedding date is already set, so K1 seems to be the way to go.

As others have said there is plenty of time to sort it out, if you can convince your fiancee to ignore her pesky friend. :)

November is an excellent time to arrive in AZ, you can have lot's of fun with turkeys and your skin won't be seared off your back if you go outside. :thumbup:

Re: Moving to the US: Practical Questions
 

Thank you all for your valued input and advice...

one of the things that is a concern, whilst relevant paperwork is in the process of being filed, etc... am I still allowed to visit the US to see her on a VWP, I couldn't be the thought of being away from her the length of time it takes for the paper work to go through?

I am happy to go down the K1 route, provided our next 10 months plans of visiting each other can stay on track, or will all that get stuffed up too?

Re: Moving to the US: Practical Questions
 

Yes, you are allowed to visit the USA while waiting for the visa to process. As always, it's up to the POE officer to let you in, so bring proof of your ties to the UK in case the officer asks.

As you probably know, general rule of thumb is to spend more time outside the USA between visits than inside. So, for example, if you visit the USA for 80 days, you should spend 80+ days outside the USA before trying another visit. Back-go-back visits are not good, no matter how long you stayed in the USA. If you only visit for 2 weeks, don't try to come back 3 weeks later.

If she starts the process soon, you will probably get your K-1 visa by around July - September. You can come to the USA as planned on Nov 1 and then get married Nov 11, with no change to your original plan.

Keep in mind one of the main requirements of the K-1 visa is that you have physically met face-to-face within the past 2 years. I'm assuming you've done that. :)

Rene

Re: Moving to the US: Practical Questions
 

Yeah, we've met face to face...

I did have a close (back-2-back) visit though, as I wanted to be there for Thanksgiving and Xmas, as I knew I was working NewYears and could have everything...I departed on the 7th Dec and was back on the 20th of Dec. :(

I'm not back until the end of Feb, and we have generally got 60 days between visit and only 2 weeks together at a time...

Re: Moving to the US: Practical Questions
 

So your plan for future visits goes something like this:

In the USA for 2 weeks each, at the end of Feb, end of April, end of June, end of August, and then immigrating on Nov 1. That's 4 visits between now and the time you want to immigrate, in addition to the 2 back to back trips you just did in Dec 2009.

Of course no one can guarantee anything...you'll just have to try, and hope the POE officer doesn't think you're visiting too often.

Rene

Re: Moving to the US: Practical Questions
 

well, june won't happen, as she (and her son) are coming over to the UK in july for a 2 week visit.

But principally my annual leave in work permitting, yeah....

Re: Moving to the US: Practical Questions
 

Needless to say, if he went with his original plan, the visit that might trigger the "you are visiting too often Buddy" routine might just turn out to be the all important one in November... :ohmy:

Re: Moving to the US: Practical Questions
 

Ok, So bottom line, is follow Rene's advice and fingers crossed all should go ok.....

I sorta feel a little bit better knowing I've nipped this in the bud now and get the correct route done....

I just hope the 'too many visits' doesn't scupper me...

Re: Moving to the US: Practical Questions
 

Since she's coming your way in June, then you've only got 3 visits planned from now until November, that helps. And even if you get turned away at the POE by some chance, it will not hurt your K-1 visa at all.

By the way, here is the USCIS link to the I-129F, which is the form she will need to file to get the ball rolling. She (and you) should read the instructions carefully to make sure you have everything necessary for her to file. Come on back here whenever you have questions.

Rene

Re: Moving to the US: Practical Questions
 

OMG... I've discovered the missing link! :eek:

Ian

Re: Moving to the US: Practical Questions
 

Guess it would help if I included the link, eh? LOL

Here it is: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Rene

Re: Moving to the US: Practical Questions
 

After speaking to my fiancee, these are the forms we were advised to fill in and send off after we are married. Get all the Dr's stuff before all the paperwork is filled in and it takes about 3 months to see a CIS Agent.

I-130
G-325
I-485
I-865
I-864a
I-693
I-765
I-131

And I'm also not allowed to leave the US until paperwork is returned and I've been to see a CIS officer.

I will be printing this thread off and taking it to show the person in Feb and asking them blunty 'is it illegal'

Regards
Paul.

Re: Moving to the US: Practical Questions
 

Unless she's an immigration attorney, she might not know the answer to that one.

Actually, the way you want to phrase your question is: Is it legal to do all this with the preconceived intent to come on the VWP, marry, AND remain in the USA to adjust status the way you described?

My guess is she still wouldn't really know, unless she's an immigration attorney...and even some of THEM recommend this path. The onus is on you, to know what the risks are if it doesn't go well for your AOS.

Rene

Edit to add: It's perfectly OK to adjust status this way if you are already in the USA on some other visa (student, work..), so the method itself is legal. It's just not legal to have the INTENT do this this BEFORE you enter the USA.