lukenobrains

I am going to be moving to the states to be with my fiance in the next 18 months... She has moved back there 2 months ago when she finished University.
We will be getting married within 6 months of me getting there so I will be first going on a fiance visa and then swapping to a marriage visa.

We have set the date of by summer 2015 because I am currently in the british army, this will give me lots of time to save up before leaving the army and moving over... My question here is that i am a mechanic in the army...
I have an NVQ level 3 in mechanics, but I don't think that means anything in the US as it's an NVQ not IVQ. Has anyone else had similar issues with transfering qualifications? I will want to get a job fairly sharpish after getting there and so I will need suitable quals....

Thanks
Luke

civilservant

You will need to be married within 90 days after entering on the K1, there is no movement on that. 6 months would leave you out of status. After marrying you will Adjust Status to Permanent Resident (aka Green Card) not 'swap to a marriage visa' as a visa is an entry document and you will already be in the US.

This might sound pedantic, but trust me it pays to be very specific about the terms you are using when dealing with US Immigration. Everyone here will tell you that if you are not you can get yourself into a world of trouble.

Having mentioned 'saving up' one has to ask if you have fully researched the income requirements for the K1 visa?

Can't help with the NVQ question, but depending on where you are moving too you should be aware that mechanics are not exactly in short supply, and there will be a little bit of lead time until you are able to obtain an SSN. Although you will be able to take employment from day 1 many employers will not even consider someone until they have that.

lukenobrains

Ahh 3 months!? Apparently I have been researching in all the wrong places.. (wiki ask and yahoo ask...) I was told that the fiance visa allows me 6 months in the country to get married, but not a single day more. And that after the marriage I have to change to a marriage visa and it could take up to 2 years for me to get permanent residency..

And for saving up... I have done lots of research... Neither of us are currently married... My other half is above the poverty line for Arkansas (well above it).. I am saving up so I will not be a burden to her between the move and getting a job (although ideally I want to have a job within a few weeks of the move, I will be traveling to and from the country as often as I can, trying to sort out a job before I move)... And Cory and I will be meeting as often as we can... Be it here in the UK, or the US, or if we both go somewhere else like europe or Asia... Other than that I'm not sure what you were trying to imply?

However thanks for the eye opener!
Think I will concentrate my visa research on here now rather than open asking websites...

civilservant

Yes, I would suggest you ask people who know what they are talking about.... like us Wikiask and Yahooask might be good for asking for specific information, but not for something that is highly dependant on personal circumstances.

I was trying to ascertain if you had looked at the financial requirements, which it looks as if you have - so no problems there!

It must be noted though, because you have mentioned 'trying to sort a job' that you CANNOT sign any form of contract in the US unless you have work authorisation, which you don't until you have arrived in the US.

Speedwell

Luke, this forum is full of people who have been through the process from start to finish, from years ago to right now. I could not have done it without people like Ian and Rene, and other regulars will also steer you right... we are meticulous. Sometimes we give worst-case scenarios to protect you, but we'll tell you when that is and when you should consult an attorney, if your circumstances warrant.

To summarize, both visas (fiance and marriage) require the US citizen to begin the application process while the foreign citizen is waiting outside the US. (You may sometimes hear of people who come on a visit, marry, and stay to adjust status, but this is strictly illegal; we always advise against it because failure to "get away with it" could result in up to a permanent ban for immigration fraud.) The fiance visa requires proof that the parties have met in person and the marriage visa requires proof that the marriage wasn't entered into solely for the immigration benefit.

Once a fiance visa (K1) is granted, the foreign citizen has 90 days to enter and get married (not 6 months). I'm unsure where the 6 months came from, unless the person thought you were a Canadian citizen, and not entering on a fiance visa. No right to work is granted until you are married, apply for work authorization, and get it approved. It is not necessary for a UK citizen to obtain a visa in order to visit the US to attend their own wedding, but they can't stay and reside in the US after that without the proper visa.

If you want to work right away when you come to the US, you want a spouse visa. The US citizen is requested to prove an ongoing relationship (financial and other records of a bona fide committed marriage), and once that proof is accepted and the application (form I-130) is approved, the foreign citizen applies for the visa. You are a permanent resident as soon as you enter on the visa. The visa allows you to work immediately when you hit US soil, though as mentioned before the Social Security number is invaluable and may take from a week to a few weeks to arrive. The 2-year period mentioned is for the provisional green card (identical in every way to a regular green card but for 2 years instead of 10) that is granted to people who have been married recently. If you have been married for less than 2 years when you enter the US, you have conditional status (CR-1) and you get a 2-year green card. If you have been married longer than 2 years when you enter the US, you get a 10-year green card. 2-year green card holders can transition to a 10-year card at the expiration of their 2-year card by proving the ongoing and bona fide nature of their marriage.

I made this long just to correct some of the misconceptions you posted about, and other posters will no doubt pedantically correct some of my language where they feel I have oversimplified, but that's how we roll here because we are careful. Please do an archive crawl and good luck to you.

Noorah101

If you're entering the USA on a K-1 visa (which I hope you will be), you'll be getting married within 90 days of your arrival. Those are the terms of the K-1 visa which you MUST abide by.

No. After marriage you'll be doing an Adjustment of Status (AOS) to Permanent Resident, which means you'll be getting a green card. No more visas involved.

For timing, just make sure she doesn't submit the I-129F any sooner than about 8 - 10 months before you wish to immigrate to the USA. If you get the visa too soon and can't use it, you lose it.

With the K-1 visa, you won't have proof of your work authorization until after you marry and file AOS. It takes between 60 - 90 days to get your EAD (Employment Authorization Document) in hand, so you should plan to be unemployed for the first several months in the USA. Save money and plan accordingly.

Rene

Noorah101

Luke,

I know we've gone off your original question of qualifications and into the visa discussion.

Let's go back to the qualifications topic on this thread, and if you have questions about the visa process, please post them in our US Marriage Based Visa forum: http://britishexpats.com/forum/forumdisplay.php?f=35

Thank you,
Rene
Moderator

lukenobrains

Okay... Thankyou guys! I will trawl around and see if I can find any more surprises... I will also link my other half so she has the correct facts not the wrong ones like me!

There will be no problem proving Cory and I are in a real relationship... We have been together for over 6 years, and lived together for the last 2.. I will be flying over there as often as I can to spend time with her and try set up some sort of foundation to build upon...

So what you are saying is that I have to go over, get married and then come back to the UK until my visa is changed to permanent residency? And then when I go back over I can actually start my 'new' life properly... Getting a job, drivers licence, bank account etc..
I know this sounds pretty bone but... Social Security number and green card etc... Will those be posted to the address I will be living at when I return to the country or something?
I have a british digital passport so I imagine there could be some sort of temporary electronic tag or something put on there to state I am not an illegal immigrant or something, like they did with my Visa when I went to visit last...

Im sorry if I come accross as ignorant or thick... I have always said I joined the army for a reason haha!

lukenobrains

Okay... I will be sending a link to this thread to my other half anyway.

I am saving up now although I didnt realise it would be so long before I could work!

However yes... If anyone can help with qualification conversion or anything would be most helpful!

Thanks

Noorah101

No. You need to do more research on the two marriage-based visa types, I think you're getting them confused. If you are talking about an Immigrant Visa (for spouse), then you would get married first (anywhere in the world), and then you would do an Immigrant Visa process in the UK. Once you use the Immigrant Visa to enter the USA, you become a US Permanent Resident right away, and can work from Day 1.

They will be mailed to your US address after you arrive in the USA using your Immigrant Visa.

Rene

Noorah101

If you do the K-1 fiancé visa, it will be several months before you're work eligible.

If you do the spouse Immigrant Visa, you will be work authorized from Day 1.

Rene

civilservant

Not quite true Rene, since a K1 visa holder IS able to work - it's the proving it without an EAD that makes it difficult.

bilbos92

Hi Luke,

To your original question, i wouldn't normally suggest this, but getting your NVQ assessed via one of the education equivalency companies (WES is one of them) may be a good idea for you. I'll leave you to google them and there have been many threads on here, search is your friend.
However if you are coming over on the K1 meaning that you wont be able to work until you have the EAD in your hand, then it may be worth investigating this once you arrive. I believe that they can do the assessment reasonable quickly and may save you a few hundred dollars.

The other thing you may wish to look at are local technical collages that specialize in mechanics and see, once you are to able to enroll, whether adding to your education is an option...

Good luck on your journey, you've found a great resource for it.

Ax

Bob

NVQ means shit over here.

Depending on the state will depend on what you need to get certified to work as a mechanic over here. Down my way, plenty of vocational tech schools to get qualified, then need to spend x amount of time working basically as an apprentice before you're allowed to work on your own, well before you'd get insurance to cover you at least.

No idea about else where.

Mechanics are a dime a dozen though, so it helps to have a specialist area, such as working on hybrid/electric cars would set you apart.

lukenobrains

Urm... Im a british army mechanic.
I just get the job done no matter what lol

My dream is to join the police though. I was transferring to RMP before my other half moved back to the US, so I stopped that process to move over...

My original plan was to be a grease monkey for a few years until I got to grips with the US way of life... Then try out for the police.