Spouse visa to USA and finance

[Pearl2012]

Originally Posted by cheegeburger

Congrats on your upcoming marriage . I can speak from personal experience but our situation was a bit different. I hired an attorney although I later found out our situation wasn't that unique. I was the sponsor (USC), employed full-time and earned well above $19k, and spouse and I got married towards the end of his 3-month stay/visit. He never left after his 3-month stay and we applied for his permanent residency (green card) along with an AOS (adjustment of status) whilst spouse was overstaying his welcome. I'm not suggesting you do this but I'm sharing my personal experience of what we did (and I know several other couples that have done the same) and spouse was granted his green card within 3 months. I wish you the best of luck as I understand first hand how nerve-racking it can be.

Thank you Cheeseburger.
I had heard of this, but I would feel much better doing it the 'right way'. I'm just concerned for the time it takes to get a Spouse Visa, and then how long it would take for me to start working there. I can't imagine getting married in September and waiting 6 months to go back!! It's very distressing.

[OuiInFrance]

Originally Posted by Pearl2012

Thank you Cheeseburger.
I had heard of this, but I would feel much better doing it the 'right way'. I'm just concerned for the time it takes to get a Spouse Visa, and then how long it would take for me to start working there. I can't imagine getting married in September and waiting 6 months to go back!! It's very distressing.

Hi, just to give you an idea of the time frame, Pearl, of someone who is going through this now.

My husband and I got married in the US in Aug 2011 (I'm American and he is French), and after the wedding, he went back to France. I submitted the I-130 on his behalf in early Sept and it took roughly 6 mos to get approved, which was exactly what the estimate on USCIS said it would take. So in mid-April, I submitted the next batch of forms to file, and now the next step is his interview at the consulate in Paris. His appointment should be any day now. The whole process from start to finish takes about a year, I was told by a lawyer, but since our situation was easy (no divorce, kids or arrests), I'm doing it myself. The entire process costs about US$2,000 (just in fees for USCIS) and I was told if I wanted the lawyer to handle it, their fee which is in addition to the USCIS fees was $2,000, in NYC. So I declined and it's working out fine.

I'm here in France now (went through the French system to get a visa for France) to wait with my husband and have the right to work. Maybe your spouse can do the same and join you in the UK until your green card is approved? You do not have the right to work in the US until that green card is approved. Also, you may visit the US but can't overstay the 90 day limit.

Hope that helps! Good luck!

[Pearl2012]

Thank you OuiInFrance...

It is all very distressing! I was concerned that I would not be able to enter the States while the visa was being processed. So, when my Spouse Visa is accepted (fingers crossed) will I be able to go to the USA and start work as soon as possible?

Time is a worry. I also don't think he can just arrive in the UK and work. Isn't that equally forbidden here like it is in the USA?

Thank you very much. It is great to hear positive news! I appreciate that.

[OuiInFrance]

Originally Posted by Pearl2012

Thank you OuiInFrance...

It is all very distressing! I was concerned that I would not be able to enter the States while the visa was being processed. So, when my Spouse Visa is accepted (fingers crossed) will I be able to go to the USA and start work as soon as possible?

Time is a worry. I also don't think he can just arrive in the UK and work. Isn't that equally forbidden here like it is in the USA?

Thank you very much. It is great to hear positive news! I appreciate that.

Hi, I can only speak from personal experience (which is France, not the UK) and Tom has visited the US while the visa process has been going on. They didn't even blink twice when he passed through JFK airport. I was told by a lawyer that it's not an issue for the spouse to visit the US in most cases but to have some proof just in case you're questioned such as a return flight, a copy of your lease and any other items that will tie you to your home country.

I know that in France, once the visa is granted, the spouse has 6 mos to pass through a US port of entry which will then get the green card made, but once that entry is made, the spouse has the right to work ASAP.

I don't know anything about the UK's procedures, like I said, but in France for me, after I got my visa at the French Consulate in NYC and arrived here, I was able to work right from the get-go. Hope that helps!

And try not to let any of this stress you out too much. I know it's a pain in the neck but everything will work out! Feel free to PM me.
;-)

[Pearl2012]

Thank you again OuiInFrance. I am very grateful for your information. Not only is it informative, but it is also very positive. I am smiling :-)

[OuiInFrance]

Originally Posted by Pearl2012

Thank you again OuiInFrance. I am very grateful for your information. Not only is it informative, but it is also very positive. I am smiling :-)

Also Pearl, you may want to look into a K3 visa (no not the fiance one). Your husband would have to petition you but it's a specific visa that will allow you to wait in the US while your paperwork is processing and then you can adjust status. I think it'll solve your issue of the time frame and wanting to be together. Don't think you can work on it but at least you can be together.

Check this out: Step-by-Step Guide on How to File for a K-3 Visa for your Foreign Spouse

[Davis1]

Originally Posted by OuiInFrance

Also Pearl, you may want to look into a K3 visa (no not the fiance one). Your husband would have to petition you but it's a specific visa that will allow you to wait in the US while your paperwork is processing and then you can adjust status. I think it'll solve your issue of the time frame and wanting to be together. Don't think you can work on it but at least you can be together.

Check this out: Step-by-Step Guide on How to File for a K-3 Visa for your Foreign Spouse

The K-3 is pretty much obsolete
Nonimmigrant Visa for a Spouse (K-3)

[srr2011]

Hi everyone, I'm just a little ahead of Pearl. My husband and I got married in April of this year and submitted our I-130 form in June. USCIS state approx processing time is 5 months.

We also submitted a K3 but were told by Immigration this is no longer being used and the I-129F (used as a K3) takes approx the same length of time anyway.

With regards to travelling my husband was told by Immigration it is better I don't as they are likely to turn me away. However, this is still debatable as if I can prove I am returning to the UK then I see no reason why I can't go for a visit. As much as I wanted to move, get married and then file papers I decided again potentially committing Visa Fraud which would potentially result in my being told to leave the US and never to return. The right way for us is the only way!!!

Once the Visa is approved I am curious to know how long before I can actually make the move over. If anyone has any time scales etc I'd appreciate that.

[srr2011]

Originally Posted by cheegeburger

I wish you the best of luck as I understand first hand how nerve-racking it can be.

I'd say going through hell, lol!!

[Davis1]

Originally Posted by srr2011

Hi everyone, I'm just a little ahead of Pearl. My husband and I got married in April of this year and submitted our I-130 form in June. USCIS state approx processing time is 5 months.

We also submitted a K3 but were told by Immigration this is no longer being used and the I-129F (used as a K3) takes approx the same length of time anyway.

With regards to travelling my husband was told by Immigration it is better I don't as they are likely to turn me away. However, this is still debatable as if I can prove I am returning to the UK then I see no reason why I can't go for a visit. As much as I wanted to move, get married and then file papers I decided again potentially committing Visa Fraud which would potentially result in my being told to leave the US and never to return. The right way for us is the only way!!!

Once the Visa is approved I am curious to know how long before I can actually make the move over. If anyone has any time scales etc I'd appreciate that.

you can still visit but ensure it a short visit and not 3 months...more likely to believe you ..yes the K-3 is obsolete
once the visa is returned back to you in your passport you can fly next day