moving to USA

[davidjoemum]

hi
has anyone here moved to USA from UK without marrying their USA citizen partner?
i live in UK with my partner who is USA citizen(he has dual citizenship UK and USA)we thinking to move to USA to be with his family who lives there as we dont have anybody in UK anymore and is depressing.we know we could get married quick to get me there but we dont want to do that yet(we got big plans to our wedding)
i'd like to be able to work ect. in US but i dont have job opportunity there yet.
we also have two kids who are holding UK and USA passports.
if anyone could share information and their experience I would appreciate !

 

[TFSGirl]

You could get a fiancee Visa but then you'd have to get married within 3 months of moving to the USA. Beyond that you'd need to get a job opportunity there and have them extend you a visa to go over to the USA to work and live. The USA is pretty sticky about Visas if you aren't already married elsewhere. And even then, they will do extensive background checks on you. I was engaged to an American citizen, and half (if not more) of my family is American including my mother, my brother, two of my dad's brothers, all of my mom's family, my dad's dad, etc etc etc. I had a HELL of a time getting even my Fiancee visa extended to me. I am Canadian, by the way, so not like I was just trying to marry him in order to get into the states. I ended up leaving him before we got married due partly to all the stress of it.

 

[holly2234]

Well in a word - no. You cant do that. The only way to go there without marrying first is through a K-1 fiance visa. But then you have to get married within 90 days of arrival and do adjustment of status and you wont be able to work for about 3 months after you file for AOS.

The way to do it is with a CR-1 visa for spouses. You can do a direct consular file if he has lived here for more than 6 months (sounds like he has). We are currently doing that right now. Its the quickest way of doing it, also cheapest! If you need any info on that, i know the exact procedure so feel free to ask.

Why not have a quick registry office marriage just for the paperwork and do the whole celebration in the US when you can?

ETA there are business and education type visas too, but they are all expensive and do not allow you permanent resident status. They arent worth it in your situation.

 

[TFSGirl]

Why not have a quick registry office marriage just for the paperwork and do the whole celebration in the US when you can?

I'd agree with this. I know you don't "want" to get married so quickly, but honestly, it's either that or jumping through a LOT of hoops. I tried the hoop jumping thing and it was horrible.

 

[holly2234]

Why not have a quick registry office marriage just for the paperwork and do the whole celebration in the US when you can?

I'd agree with this. I know you don't "want" to get married so quickly, but honestly, it's either that or jumping through a LOT of hoops. I tried the hoop jumping thing and it was horrible.

There are a lot of hoops anyway but definitely not worth it to add extra ones! Im nearly finished the direct consular option and my bottom ticker tells you how long ive been doing it. So for a quick and relatively stress free option, its the best way!

 

[davidjoemum]

Why not have a quick registry office marriage just for the paperwork and do the whole celebration in the US when you can?

I'd agree with this. I know you don't "want" to get married so quickly, but honestly, it's either that or jumping through a LOT of hoops. I tried the hoop jumping thing and it was horrible.

There are a lot of hoops anyway but definitely not worth it to add extra ones! Im nearly finished the direct consular option and my bottom ticker tells you how long ive been doing it. So for a quick and relatively stress free option, its the best way!

Thanx for your reply!may I ask what kind of hoops are you talking about?x

 

[amjon]

We just got a GC for my husband earlier this year. We used an attorney (as we didn't want a simple mistake to become a major hassle). I'm pretty sure you do have to be married though. Why don't you do a simple ceremony, but keep it to yourself and then do the big ceremony when you're ready?

 

[davidjoemum]

We just got a GC for my husband earlier this year. We used an attorney (as we didn't want a simple mistake to become a major hassle). I'm pretty sure you do have to be married though. Why don't you do a simple ceremony, but keep it to yourself and then do the big ceremony when you're ready?

like you and ladies above suggested we will have to do that but where in UK or USA(i know i need fiance visa) im asking to make sure they wont make me to go back to england after we get married in USA to obtain some other Visa as it would be financial inconvinience (flight, and place to stay as we will sell our home in UK)also i dont want leave my kids for the time being i will die without them.

 

[holly2234]

If you want to go before getting married, you have to do a K-1. They take about a year to get. Once you get there, you marry within 90 days and then you can adjust status and get a green card. You can then work when you get authorisation about 3 months after marrying.

A CR-1 takes about 5 months when you apply from London. You can work immediately and there is nothing more to do apart from remove conditions after 2 years.

The only way you would have to return home if you were already in the US, is if you didnt marry within 90 days on a K-1. You would then have to return and do a CR-1. And since your husband would no longer be in the UK (unless he moves back too), it takes about 1 year from there.

There is no need for an attorney unless you have criminal convictions or any other issues like that. They will charge you a couple of thousand for a staple and some postage. The forms all need your input and signatures anyway so they just tell you what to write where. There are guides for that anyway.

 

[amjon]

We just got a GC for my husband earlier this year. We used an attorney (as we didn't want a simple mistake to become a major hassle). I'm pretty sure you do have to be married though. Why don't you do a simple ceremony, but keep it to yourself and then do the big ceremony when you're ready?

like you and ladies above suggested we will have to do that but where in UK or USA(i know i need fiance visa) im asking to make sure they wont make me to go back to england after we get married in USA to obtain some other Visa as it would be financial inconvinience (flight, and place to stay as we will sell our home in UK)also i dont want leave my kids for the time being i will die without them.

If you get the fiance visa and marry here as soon as you arrive and then apply for you GC right away you should have time to get the GC before the visa expires. It took about a month to get the appointment for DH's GC and he got it that day. We used an attorney in Tampa, FL. If you're going to be in Florida and want the info I could forward you her contact info.

 

[amjon]

If you want to go before getting married, you have to do a K-1. They take about a year to get. Once you get there, you marry within 90 days and then you can adjust status and get a green card. You can then work when you get authorisation about 3 months after marrying.

A CR-1 takes about 5 months when you apply from London. You can work immediately and there is nothing more to do apart from remove conditions after 2 years.

The only way you would have to return home if you were already in the US, is if you didnt marry within 90 days on a K-1. You would then have to return and do a CR-1. And since your husband would no longer be in the UK (unless he moves back too), it takes about 1 year from there.

There is no need for an attorney unless you have criminal convictions or any other issues like that. They will charge you a couple of thousand for a staple and some postage. The forms all need your input and signatures anyway so they just tell you what to write where. There are guides for that anyway.

We used an attorney and I would highly suggest using one. If you don't fill out the forms just right or forget some form or to check a certain box it could be more costly to try to fix it later.

 

[holly2234]

If you want to go before getting married, you have to do a K-1. They take about a year to get. Once you get there, you marry within 90 days and then you can adjust status and get a green card. You can then work when you get authorisation about 3 months after marrying.

A CR-1 takes about 5 months when you apply from London. You can work immediately and there is nothing more to do apart from remove conditions after 2 years.

The only way you would have to return home if you were already in the US, is if you didnt marry within 90 days on a K-1. You would then have to return and do a CR-1. And since your husband would no longer be in the UK (unless he moves back too), it takes about 1 year from there.

There is no need for an attorney unless you have criminal convictions or any other issues like that. They will charge you a couple of thousand for a staple and some postage. The forms all need your input and signatures anyway so they just tell you what to write where. There are guides for that anyway.

We used an attorney and I would highly suggest using one. If you don't fill out the forms just right or forget some form or to check a certain box it could be more costly to try to fix it later.

It depends on how straight forward your case is. Ive done it myself with no mistakes and i know plenty who have. Its just whatever makes you feel comfortable really. I highly suggest not using one! But each to their own of course. It wouldnt necessarily be more costly either. They would send you an RFE (request for further evidence) and you respond to it and they add it to your file. There is no charge for mistakes.

 

[davidjoemum]

we not going to use attorney we got pretty straight forward case we just need to get married in UK and we are going to move there quick due to family problems(OH's mum got sick)but i will be entering to US on visitor visa and then Oh will petition for me from there. we talk to attorney and it is OK to do so when we buy own house and we will prove that we got $50.000 sitting in out savings.no attorney needed!
thanx ladies.

 

[holly2234]

Just make sure that you know, you cannot adjust status from the Visa Waiver Program if you entered with the intent to adjust status. It would have to be a spur of the moment thing. I highly recommend you go by www.visajourney.com and run this by the people over there. They are extremely helpful.

That would be possible in situations such as you visit your OH's parents, you then get married on the spur of the moment upon finding out his mom is sick. But doing this with intent could get your visa denied and you would have to leave the US possibly facing a ban if you have overstayed. That method is usually for people on work or student visas who met a partner out there and just wanted to switch to a different visa. Not when people want to get there faster. If you plan to sell up over here and have no remaining ties to the UK and no house to go back to, then they WILL deny you.

In all, the ONLY legal way to do this without risk of your family being split up (he could petition while you are visiting, but you would have to leave when VWP ran out and go back to UK for medical and interview and you would be away from your family for possibly months), would be to do a direct consular filing. The current timeline for this is 4-5 months. Like i say, head over to Visa Journey and they will help. If the way you want to do it was the right way, nobody would wait their turn at all.

 

[davidjoemum]

Just make sure that you know, you cannot adjust status from the Visa Waiver Program if you entered with the intent to adjust status. It would have to be a spur of the moment thing. I highly recommend you go by www.visajourney.com and run this by the people over there. They are extremely helpful.

That would be possible in situations such as you visit your OH's parents, you then get married on the spur of the moment upon finding out his mom is sick. But doing this with intent could get your visa denied and you would have to leave the US possibly facing a ban if you have overstayed. That method is usually for people on work or student visas who met a partner out there and just wanted to switch to a different visa. Not when people want to get there faster. If you plan to sell up over here and have no remaining ties to the UK and no house to go back to, then they WILL deny you.

In all, the ONLY legal way to do this without risk of your family being split up (he could petition while you are visiting, but you would have to leave when VWP ran out and go back to UK for medical and interview and you would be away from your family for possibly months), would be to do a direct consular filing. The current timeline for this is 4-5 months. Like i say, head over to Visa Journey and they will help. If the way you want to do it was the right way, nobody would wait their turn at all.

thanx that very helpful! im not on visa waiver program, im on B1/B2 visa but i will definetly take your advise and look up closer to my case or even book consultation with immigration attorney!

 

[holly2234]

No problem. Its pretty much the same on a B1/2. Anything done with intent is punishable by a ban. They just see it as people trying to jump the queue. They are only taking 4 months from over here right now if you stay on top of things so its not bad at all. My bottom ticker tells you how long since i sent mine off and my medical is tomorrow and interview hopefully next month to give you a guess at times. If you need any help at all feel free to ask. I can almost do marriage visas with my eyes closed

 

[amjon]

No problem. Its pretty much the same on a B1/2. Anything done with intent is punishable by a ban. They just see it as people trying to jump the queue. They are only taking 4 months from over here right now if you stay on top of things so its not bad at all. My bottom ticker tells you how long since i sent mine off and my medical is tomorrow and interview hopefully next month to give you a guess at times. If you need any help at all feel free to ask. I can almost do marriage visas with my eyes closed

Did you not have to submit your medical with the application? DH had to submit his with the application. They made him get some vaccines which I was NOT happy about. They told him to come back for another chicken pox in a few weeks, but we already had the signed form, so I wouldn't let him. (Plus they charged $100 a piece for them. )

PS Does anyone else find it odd that the only blood test they do is for syphilis? What I found kind of funny about it too was that I had just had one in the hospital when I lost my daughter (standard with fetal demise) and then he had to get one too when there was really no reason to suspect it for either of us (other than I lost my daughter).

 

[davidjoemum]

No problem. Its pretty much the same on a B1/2. Anything done with intent is punishable by a ban. They just see it as people trying to jump the queue. They are only taking 4 months from over here right now if you stay on top of things so its not bad at all. My bottom ticker tells you how long since i sent mine off and my medical is tomorrow and interview hopefully next month to give you a guess at times. If you need any help at all feel free to ask. I can almost do marriage visas with my eyes closed

thank you Holly!your advice is very helpful! you are very wise woman!so when you send your forms off do they give you medical appointment?i have google this matter so many times already and its messed up my head as every website saying different thingscan you tell me please how this all works from sending off papers to interview and how much is that all cost, thanks

 

[holly2234]

Is it a marriage visa that you want to do? If it is, this is it step by step (this might be long sorry!) and for direct consular filing which you are eligible for.

1) Fill in I-130 form. https://www.uscis.gov/files/form/i-130.pdf and do the other forms listed here https://photos.state.gov/libraries/unitedkingdom/164203/dhs/i130-checklist_for_spouse.pdf and stick to the exact format they tell you to. This costs $420.

2) You will get an email (usually, some people dont) to give you the notice of acceptance often referred to as NOA1 when they have received and filed your I-130 package.

3) Wait until your date comes up here https://london.usembassy.gov/dhs/uscis/i130filing.html When it does, you will be receiving in the mail your NOA2 (notice of approval) or an RFE (request for further evidence) which you have to respond to and give them anything that they request.

4) Fill out an affidavit of support (I-864). You should be able to self sponsor with your assets if they are liquid. If not, you can use a joint sponsor. With that, you need US tax returns and W-2's. Your husband should have been filing US taxes even when he was away, so if he hasnt been, he needs to backfile for the 3 most recent tax years. You can prepare all of this while you are waiting for NOA2.

5) After NOA2, anywhere from 1-4 weeks later, you will receive a LND case number. When you have this, you can book a medical with Knightsbridge Doctors. That costs £227. Your vaccinations should be up to date before you go. You should only need to have had 2 MMR's and a Td / TdaP (the tetanus one). They can be done there, but they are around £30 each so it is easier to get it done before you go with your normal doctor, usually for free.

6) You then send off (you can do this as soon as you have the LND number) DS-230 part 1 (This is the actual visa application.Take part 2 to the interview) and DS-2001 (notice of readiness. Only send this if you have everything you need to be interviewed).

7) Wait for an interview date and get there when they tell you to. Visa should arrive by courier anywhere from 2 days to 2 weeks later. You will pay $230 for the visa at your interview.

This thread which i made has got all of the links you need. https://www.visajourney.com/forums/...-2012/page__pid__5634569__st__15#entry5634569 Feel free to ask any questions

Total cost: $650 and £227.

 

[holly2234]

At the medical, they do a blood test for syphilis and HIV. It is just routine at the medical for everybody over 14. The chickenpox jab isnt available in the UK so you wont need to get that. They do a chest X-ray too. The medical is quick and painless but expensive!