[adamr]

Hi,

My US wife and I are about to put in a visa for her in the UK. But I was wondering about coming out to the US to check all our options.

Is there anyway I can come to US and stay while paperwork is processed? I wouldn't work or claim off the state - completely supported by my wife, until the green card is processed.

 

[twostep]

Hi,

My US wife and I are about to put in a visa for her in the UK. But I was wondering about coming out to the US to check all our options.

Is there anyway I can come to US and stay while paperwork is processed? I wouldn't work or claim off the state - completely supported by my wife, until the green card is processed.

You can visit under ESTA if you are qualified or B2.

 

[adamr]

I have an ESTA and visit frequently.

I'm talking about if I were to settle in the US, what are my options while processing the i130 and CRP. Can I stay and apply in the US during this process?

 

[Crawford]

I have an ESTA and visit frequently.

I'm talking about if I were to settle in the US, what are my options while processing the i130 and CRP. Can I stay and apply in the US during this process?

You can visit during the process, you cannot stay. What would be the point of having immigration rules whereby you could apply and then just enter the country before a decision has been made. You can enter under the conditions of the VWP.

You should have strong evidence that you will return to the UK, otherwise, especially with an application pending and a US wife, the authorities may think you are trying to abuse the immigration system.

 

[BBCWatcher]

If you both want to stay in the same country indefinitely, now, then simply move to any EU or EEA country that isn't the United Kingdom, provided you are exercising a treaty right (work, study, etc.) There are several threads discussing that option.

 

[twostep]

If you both want to stay in the same country indefinitely, now, then simply move to any EU or EEA country that isn't the United Kingdom, provided you are exercising a treaty right (work, study, etc.) There are several threads discussing that option.

A long way from indefinitely.

 

[Bevdeforges]

If you both want to stay in the same country indefinitely, now, then simply move to any EU or EEA country that isn't the United Kingdom, provided you are exercising a treaty right (work, study, etc.) There are several threads discussing that option.

Easier said than done, perhaps. Some EU countries can be real sticklers for the "exercising your treaty rights" bit. Unless you have a job in country, are registered as a student or actually receiving a pension, you can be considered merely a visitor - and thus unable to get a residence permit for the non-EU spouse.

It may be simpler just to wait out the visa process.
Cheers,
Bev

 

[BBCWatcher]

A long way from indefinitely.

How so?

Easier said than done, perhaps.

Or perhaps not! I'm quite sure many people work, study, have a pension, have substantial passive incomes, or can live off savings (as examples) in the European Union. Do we know the original poster's exact situation? I don't. So why don't we be helpful and present all options?

It can actually be much easier to bring a spouse to another country in Europe given the United Kingdom's rather steep income requirements they impose on their own citizens seeking to sponsor foreign spouses for immigration. Other EU countries have lower minimums.

 

[Bevdeforges]

All I'm saying is that it's not necessarily an "easy" way around the wait for a visa for either the UK or US, depending on your circumstances. Both the US and UK require the sponsoring spouse to show financial resources in order to bring in a foreign spouse - something that might go wrong if the couple ups and moves abruptly to another EU country without adequate forethought and preparation.

And, from recent reports, the UK is now asking for proof that the couple has actually established themselves in the European country of their choice - which means holding down a job or attending school for a significant period of time. When compared to waiting out the process for a visa when you meet the requirements in your current situation (even if it takes up to a year), it may or may not be any "easier."
Cheers,
Bev

 

[twostep]

How so?


Or perhaps not! I'm quite sure many people work, study, have a pension, have substantial passive incomes, or can live off savings (as examples) in the European Union. Do we know the original poster's exact situation? I don't. So why don't we be helpful and present all options?

It can actually be much easier to bring a spouse to another country in Europe given the United Kingdom's rather steep income requirements they impose on their own citizens seeking to sponsor foreign spouses for immigration. Other EU countries have lower minimums.

In theory you can vacation on the moon. The objective here seems to be OP's question how he can move to the U.S. tempted as I am to answer 'read stickies, use search function, Google the unknown entity' - CR1 or K1. Pick the option which suits your individual situation better. Limit US entries and carry binding ties to your homeland.

 

[BBCWatcher]

In theory you can vacation on the moon.

Come on. It's not only realistic for an international couple -- one with an EU/EEA citizenship -- to live together in the EU, it's downright common. It's a perfectly viable option for many couples and, most importantly, it's the only general legal option for a U.S.-U.K. couple who wish to live together immediately upon legal marriage.

I think that's rather relevant to the original poster's objectives and no, it's not at all a crazy idea. Couples want to be together!

 

[twostep]

Come on. It's not only realistic for an international couple -- one with an EU/EEA citizenship -- to live together in the EU, it's downright common. It's a perfectly viable option for many couples and, most importantly, it's the only general legal option for a U.S.-U.K. couple who wish to live together immediately upon legal marriage.

I think that's rather relevant to the original poster's objectives and no, it's not at all a crazy idea. Couples want to be together!

You forgot to mention AoS
The immediate depends on a lot more factors then 'we want'!

Off to support the economy.

 

[BBCWatcher]

You forgot to mention AoS

Don't follow.

Let's rewind here. Here are the facts:

1. It is not possible for an international married couple to stay together immediately and permanently in the United States. The foreign spouse needs a CR-1 or IR-1 visa to immigrate. Several months are required, a criminal history may be disqualifying, and there is a particular financial sponsorship requirement.

2. It is not possible for an international married couple to stay together immediately and permanently in the United Kingdom when one spouse is a U.K. citizen and U.K. resident, and the other is a foreigner (non-EU/EEA/Swiss citizen). Several months are required, a criminal history may be disqualifying, and there is a particular financial sponsorship requirement that's higher than the U.S. requirement.

3. It is possible for an international married couple to stay together immediately and permanently (or until U.S. or U.K. immigration permission is obtained) in any other EU or EEA country not the United Kingdom when one spouse is a U.K. citizen and can establish residence in that other country. The U.K. citizen is immediately employable in that other EU/EEA country though must follow any residence registration procedures (near identically to the procedures a citizen of that country follows). A U.S. spouse can enter without a visa and regularize his/her stay as the co-resident spouse of an EU/EEA citizen. As soon as he/she regularizes his/her stay (in country), he/she is legally employable. The U.K. citizen must demonstrate only an income (or wealth equivalent) above the social benefit minimum for that country, which is almost certainly the lowest amount among these three options. A criminal history is only disqualifying if local authorities can demonstrate that either person represents a serious and current security threat, a much higher standard than with either of the other options.

Note that Option #3 includes all EU and EEA countries, including even some of France's overseas territories that are geographically close to the United States. And of course Ireland and France that are geographically close to the United Kingdom. Visits to both countries are still allowed and still geographically convenient, as desired.

Of course Option #3 is a reasonable, excellent one for many couples. Of course it's worth mentioning.

Every couple is different, though as a generalization time apart can stress a marriage. The U.S. and U.K. have immigration policies that do not currently place much value on the stresses and strains caused by visa delays. The EU (and EEA) think differently, and it's certainly worth pointing that out.

 

[Bevdeforges]

There are quite a few "reality checks" on your option #3, however.

Given that there is a financial criteria to obtain a spouse visa in either the US or UK, it may not be such a great idea for both members of the couple to chuck their jobs just in order to "be together" for the time that it takes to process the visa application. In fact, applying for a visa/green card for the US will require that the US member of the couple have a place to live in the US and (unless they are planning on falling back on family or friends for co-sponsorship) if they have a job that pays over the minimum requirement, it may be better to simply suck it up and deal with living apart for a while.

Then, too, there is the little matter of actually finding a job in just about any EU country these days. Particularly if you don't speak the local language to a pretty reasonable level. (As far as Ireland is concerned, I'd check in the British section on the forum. There are apparently immigration protocols that are shared between the UK and Ireland.)

Unfortunately, even True Love sometimes has to undergo a few trials, especially in the beginning. The US and UK are perhaps the "worst" in this regard - at least as concerns being able to get a spouse a long-stay visa.
Cheers,
Bev

 

[BBCWatcher]

Well sure, and there are also "reality checks" to getting married and to one partner uprooting his/her life in the U.S. or U.K. and emigrating to the other country.

But when the original poster asks how to stay together with his new spouse, why wouldn't we want to be helpful and present him the only option that actually allows him to do that? The mind reels.