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09-02-2007, 02:01 PM
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#1 (permalink)
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Immigration and Moving before Visa...
Ok, my title was as confusing to me as it probably is to you, but i'm a
perpetually confused person at the moment!
As some of you may be aware, my husband is American and I am English. I
do not as yet plan to move to America as there are a lot of factors
keeping my in the UK which are long winded and not alltogether that
exciting, so i won't go into them.
Anyways, I travel to America about 4 times a year at the moment and I am
sure that one day I will want to move out there permenently - not right
this second though. What I was wondering though is this:
Is there a way for me to move out to America to wait out the period of
time it takes to apply for a visa which would ultimately move me over
there? I know that i generally have to get my husband to apply with the
I-130 and then I have to apply with the other forms etc, but i also
heard that i may not have to wait in England for processing if i send
off another form at the same time as his I-130 which would allow me to
go over there and wait out the visa application process. It wasn't the
V-Visa, i know i am inelligable for that, but i can't remember what the
form or visa was. Does anybody know?
Does anybody have any clue what the hell is going on in general with
visas at the moment or immigration? This subject keeps me constantly in
a state of discombobuilation.
I am married to the guy, we love eachother, we just want to be together
and earn a decent living and get old and wrinkly together - you would
have thought that wouldnt be THIS difficult as a basic human right -
but it is.
Input please?
Thanks
xxxxx
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09-02-2007, 02:23 PM
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#2 (permalink)
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Re: Immigration and Moving before Visa...
> Ok, my title was as confusing to me as it probably is to you, but i'm
> a perpetually confused person at the moment!
>
> As some of you may be aware, my husband is American and I am English.
> I do not as yet plan to move to America as there are a lot of factors
> keeping my in the UK which are long winded and not alltogether that
> exciting, so i won't go into them.
>
> Anyways, I travel to America about 4 times a year at the moment and I
> am sure that one day I will want to move out there permenently - not
> right this second though. What I was wondering though is this:
>
> Is there a way for me to move out to America to wait out the period of
> time it takes to apply for a visa which would ultimately move me over
> there? I know that i generally have to get my husband to apply with
> the I-130 and then I have to apply with the other forms etc, but i
> also heard that i may not have to wait in England for processing if i
> send off another form at the same time as his I-130 which would allow
> me to go over there and wait out the visa application process. It
> wasn't the V-Visa, i know i am inelligable for that, but i can't
> remember what the form or visa was. Does anybody know?
>
> Does anybody have any clue what the hell is going on in general with
> visas at the moment or immigration? This subject keeps me constantly
> in a state of discombobuilation.
>
> I am married to the guy, we love eachother, we just want to be
> together and earn a decent living and get old and wrinkly together -
> you would have thought that wouldnt be THIS difficult as a basic human
> right - but it is.
>
> Input please?
>
> Thanks
>
> xxxxx
So you don't want to move yet
So you do want to move over there ....
Got me confused ....
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09-02-2007, 03:25 PM
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#3 (permalink)
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Re: Immigration and Moving before Visa...
> So you don't want to move yet
>
> So you do want to move over there ....
>
> Got me confused ....
I DO want ot move over there, i DONT want to move YET. My son is in his
final year at school and so i have no intention of uprooting him and
making him change schools only to have to change schools again later.
But when i eventually feel the time is right and i do want to move over
there, i need to know what my options are, because everything on the
internet seems to change every five seconds. I'll most likely get a
lawyer to help me out anyways, but still.
So yeh, i DO want to move over there, but not anytime soon.
I am still curious about my options though...
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09-02-2007, 03:36 PM
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#4 (permalink)
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Re: Immigration and Moving before Visa...
> I DO want ot move over there, i DONT want to move YET. My son is in
> his final year at school and so i have no intention of uprooting him
> and making him change schools only to have to change schools again
> later. But when i eventually feel the time is right and i do want to
> move over there, i need to know what my options are, because
> everything on the internet seems to change every five seconds. I'll
> most likely get a lawyer to help me out anyways, but still.
>
>
> So yeh, i DO want to move over there, but not anytime soon.
>
> I am still curious about my options though...
http://www.familybasedimmigration.co...thread.php?tA7
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09-02-2007, 05:01 PM
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#5 (permalink)
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Re: Immigration and Moving before Visa...
> Ok, my title was as confusing to me as it probably is to you, but i'm
> a perpetually confused person at the moment!
>
> As some of you may be aware, my husband is American and I am English.
> I do not as yet plan to move to America as there are a lot of factors
> keeping my in the UK which are long winded and not alltogether that
> exciting, so i won't go into them.
>
> Anyways, I travel to America about 4 times a year at the moment and I
> am sure that one day I will want to move out there permenently - not
> right this second though. What I was wondering though is this:
>
> Is there a way for me to move out to America to wait out the period of
> time it takes to apply for a visa which would ultimately move me over
> there? I know that i generally have to get my husband to apply with
> the I-130 and then I have to apply with the other forms etc, but i
> also heard that i may not have to wait in England for processing if i
> send off another form at the same time as his I-130 which would allow
> me to go over there and wait out the visa application process. It
> wasn't the V-Visa, i know i am inelligable for that, but i can't
> remember what the form or visa was. Does anybody know?
>
> Does anybody have any clue what the hell is going on in general with
> visas at the moment or immigration? This subject keeps me constantly
> in a state of discombobuilation.
>
> I am married to the guy, we love eachother, we just want to be
> together and earn a decent living and get old and wrinkly together -
> you would have thought that wouldnt be THIS difficult as a basic human
> right - but it is.
>
> Input please?
>
> Thanks
>
> xxxxx
The problem though, is that it is the visa that gives you permission to
move to the US. Without the visa, you can't actually move there... if
you see what I mean!  You can visit... but you can't live there!
As long as you have permission from the country, you can live wherever
you want. Every country has laws that govern immigration... some are
easier, others are more difficult. The US is in the latter group... and
if you want to live here, well... you jump through the hoops. You always
have the choice to stay where you are or try to live in some other, less
restrictive country.
Ian
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09-02-2007, 11:04 PM
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#6 (permalink)
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Re: Immigration and Moving before Visa...
> The problem though, is that it is the visa that gives you permission
> to move to the US. Without the visa, you can't actually move there...
> if you see what I mean! You can visit... but you can't live there!
>
>
>
> As long as you have permission from the country, you can live wherever
> you want. Every country has laws that govern immigration... some are
> easier, others are more difficult. The US is in the latter group...
> and if you want to live here, well... you jump through the hoops. You
> always have the choice to stay where you are or try to live in some
> other, less restrictive country.
>
> Ian
yeh, i realise that, but i actually spoke with someone at the embassy
and they said i can apply for a visa and then apply for something else
that would allow me to actually go to America and wait there for the
visa process to progress, if you see what i mean. I just can't remember
what that form was that i needed to send off.
I guess it doesnt really matter seeing as by the time i do want to go
over there there will probably be 75 other forms to fill out and
everything, which i dont mind having to do in the slightest - i just
find it difficult to get any solid information pertaining to which forms
are actually needed.
If ya get me? 
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09-02-2007, 11:24 PM
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#7 (permalink)
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Re: Immigration and Moving before Visa...
> yeh, i realise that, but i actually spoke with someone at the embassy
> and they said i can apply for a visa and then apply for something else
> that would allow me to actually go to America and wait there for the
> visa process to progress, if you see what i mean. I just can't
> remember what that form was that i needed to send off.
>
> I guess it doesnt really matter seeing as by the time i do want to go
> over there there will probably be 75 other forms to fill out and
> everything, which i dont mind having to do in the slightest - i just
> find it difficult to get any solid information pertaining to which
> forms are actually needed.
>
> If ya get me?
I believe you are thinking of a K-3 visa. Several years ago, the I-130
process was taking YEARS to adjudicate, and that was keeping married
couples apart too long. So they introduced a K-3 visa, which only took
about 8 to 10 months to process. The K-3 visa allowed the alien to come
to the USA to live and work, for 2 years, while the I-130 was being
processed. Once the I-130 was approved, the alien had the choice to
either remain in the USA and adjust status to permanent resident, or
return to the home country for immigrant visa processing. I am sure
this is what you're thinking of.
However, that was then, and this is now. The I-130 process has sped up
so that it now takes the "normal" time to process...i.e., within a year.
So applying for the K-3 does not help the situation, as the K-3 also
takes 10 month or so to process. The K-3 also has had other
restrictions put on it (the alien might no longer be able to return to
the home country for immigrant visa processing, and MUST adjust status
in the USA, costing $1,010 more...and costing $200 more to cancel the
K-3 mid-way).
So right now, the only thing you can do is continue visiting the USA
until such time that you are about 1 year away from wanting to actually
move here. There is no visa which will allow you to live and work in
the USA indefinitely until you're ready to move here. Unless of course,
you qualify for a visa other than marriage-based....for example a work
or student visa.
Hope that sheds some light for you...
Rene
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09-02-2007, 11:34 PM
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#8 (permalink)
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Re: Immigration and Moving before Visa...
> I believe you are thinking of a K-3 visa. Several years ago, the I-
> 130 process was taking YEARS to adjudicate, and that was keeping
> married couples apart too long. So they introduced a K-3 visa, which
> only took about 8 to 10 months to process. The K-3 visa allowed the
> alien to come to the USA to live and work, for 2 years, while the I-
> 130 was being processed. Once the I-130 was approved, the alien had
> the choice to either remain in the USA and adjust status to permanent
> resident, or return to the home country for immigrant visa processing.
> I am sure this is what you're thinking of.
>
> However, that was then, and this is now. The I-130 process has sped
> up so that it now takes the "normal" time to process...i.e., within a
> year. So applying for the K-3 does not help the situation, as the K-3
> also takes 10 month or so to process. The K-3 also has had other
> restrictions put on it (the alien might no longer be able to return to
> the home country for immigrant visa processing, and MUST adjust status
> in the USA, costing $1,010 more...and costing $200 more to cancel the
> K-3 mid-way).
>
> So right now, the only thing you can do is continue visiting the USA
> until such time that you are about 1 year away from wanting to
> actually move here. There is no visa which will allow you to live and
> work in the USA indefinitely until you're ready to move here. Unless
> of course, you qualify for a visa other than marriage-based....for
> example a work or student visa.
>
> Hope that sheds some light for you...
>
> Rene
I am a graduate but it would be easy for me to find work over in
america, but from my understanding i am not allowed to apply for any
other visa appart from a family visa seeing as if i apply for a work
visa im stating i don't wish to stay there, but im married to an
american, so i obviously do want to stay there....if that makes sense.
Basically i want to be financially secure before i even start the
process of application, so visiting is all i can do right now. If our
marriage is meant to last, it will take as long as it takes and work out
in the long run though, im a great believer in that
xxx
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09-03-2007, 01:37 AM
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#9 (permalink)
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Re: Immigration and Moving before Visa...
> I am a graduate but it would be easy for me to find work over in
> america, but from my understanding i am not allowed to apply for any
> other visa appart from a family visa seeing as if i apply for a work
> visa im stating i don't wish to stay there, but im married to an
> american, so i obviously do want to stay there....if that makes sense.
>
> Basically i want to be financially secure before i even start the
> process of application, so visiting is all i can do right now. If our
> marriage is meant to last, it will take as long as it takes and work
> out in the long run though, im a great believer in that
>
> xxx
Your understanding is incorrect. You can apply for any visa you want,
even if your husband is American. You can apply for a work visa, a
student visa, or an immigrant visa. In fact, if you apply for and
receive a work visa, once you are in the USA, you can go ahead and
adjust status to permanent resident from within the USA.
Rene
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09-03-2007, 02:12 AM
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#10 (permalink)
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Re: Immigration and Moving before Visa...
> I DO want ot move over there, i DONT want to move YET. My son is in
> his final year at school and so i have no intention of uprooting him
> and making him change schools only to have to change schools again
> later. But when i eventually feel the time is right and i do want to
> move over there, i need to know what my options are, because
> everything on the internet seems to change every five seconds. I'll
> most likely get a lawyer to help me out anyways, but still.
>
>
> So yeh, i DO want to move over there, but not anytime soon.
>
> I am still curious about my options though...
Does your son plan to move to the US at some point as well? If so,
I believe your husband has to petition for you and your son before
he turns 18.
Though I'm no expert on this, so I hope someone will correct me if
I'm wrong...
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