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Starchild · #26 07-30-2006, 02:42 AM

This seems to all get more complex by the day

!! So am I right in thinking, we can go over to USA and get married, but we then return to UK and have to wait up to a year over here to be allowed to re-enter USA and cannot go to see our husbands at all in that time??? Can we not even go over as a tourist and stay for a week or two? Seems kinda harsh that you can marry someone and then be prevented from seeing them for up to a year??? It would be great to hear from someone who has actually done this and can tell us exactly what we all face in going down this road.

Quote:

Originally Posted by LV_Cassi

Well, I don't know the answers to your questions, but yes, you can marry him while he's in prison and all that. But the immigration at port of entry will probably not let you get back into the U.S if they find out you have a husband there because they will assume you enter with the intent to readjust your status. So what I found out is that it is best to marry when you actually have the intent of staying. I don't know how long you have to stay there to go through the process from start to finish. Your fiance can sponser you if he has income enough. He can't sponsor you from prison. His family can sponsor you. I don't think your fiance has to stay in the U.S a certain amount of time after he's released if he's not on parole. My hunny will be on parole until 2013 and I doubt he'll be allowed to vacate outside the U.S before then.

Once he's out - you can go over there and get married and return to your home country and then get started on the visa process. I have heard it can take up to a year, and during that time you shouldn't travel to the U.S.

I hope this helps some. Feel free to PM me... seems like we are in similar situations

Starchild · #27 07-30-2006, 09:38 AM

Ok I just copied this from a site which is for those wishing to marry a US citizen. I'll keep on reading and post more if I find more; hope this helps.

Marriage to a United States citizen qualifies one for a green card. If the marriage occurs abroad, the green card petition must be filed through a U.S. Consulate with jurisdiction over the applicants place of residence. The procedures usually take between six to nine months to complete. Many newly weds, for a variety of reasons, don't relish the idea of six months of separation, or six months of waiting, before they can enter the U.S. as a married couple.
Although, the same process that takes 6-8 months abroad, takes 12-18 months in the US, the applicant may work and live in the U.S. from the date of filing. Thus the lengthy processing period is not as inconvenient as it would seem. Those who apply abroad must wait out side of the US during the entire processing period. As a result, many newly weds prefer to undertake the entire green card application process in the U.S., so that they can live together and work while they patiently wait for the bureaucracy to grind out the green card approval notice.
INS will not admit people who intend to live in the US permanently as a non-immigrant. The choice is to file the green card application abroad and come to the US as a permanent resident or come to the US as a non-immigrant tourist or worker, then marry and finally file for the green card in the U.S. In the later case, if INS knew all the facts, they would deny entry and possibly bar entry for five years under summary removal procedures. One may not enter the U.S. as a non-immigrant with the intent to live in the U.S. permanently. Rather than force people to lie about the purpose of their entry to the U.S., in 1970 Congress created the K-1 or fiancee visa category. The K-1 visa avoids the risk of being denied entry to the U.S. or worse The K-1 visa permits a fiance to enter the U.S. as long as the marriage takes place with in 90 days of entry. The visa may not be extended so be sure to marry with in 90 days. The applicant may work in the U.S. during the 90 day period. Immediately after the marriage, the couple may file the green card petition, form I-130 and the adjustment of status petition I-485 with INS. The K-1 visa tends to reduce the INS processing period because the K-1 visa application process requires much of the same information the INS requires for the green card petition.

Starchild · #28 07-30-2006, 12:52 PM

Just posting more stuff as I find it. I'm trying to figure all this out as I go along so thought maybe this might help others too, although I may have this all wrong...! From what I can see from this website: http://www.uscis.gov/graphics/howdoi/fiance.htm
it seems that once you marry in USA and if you are wanting to become a permenant resident of USA, you become a conditional resident in the interim while you wait. It seems you can as a conditional resident, travel abroad if you fill out the required papers before leaveing USA. I don't know the exact details, but that is what I have understood from first glance. Maybe others will come with more advice/thoughts/first hand experience.

Eia · #29 07-31-2006, 12:37 PM

I seem to remember being told by the U.K Home Office,that your fiance can apply to reside in this country,with his past prison record.
But what it would mean,is that the Home Office will take into account several facts before they decide whether it would be detremental to refuse or not.Factors are; how long the sentence,what the crime was,good behaviour whilst inside,since parole what their behaviour has been like in the free world etc.
So,it would be possibly worth applying and see what happens..It isn't all cut and dried as they would have us believe..And anyway,what about all the criminal illegal immigrants we have in this country?
At least our men will have paid for their crimes!!

CarlM · #30 07-31-2006, 12:48 PM

If you come in on a K-1, its with the intent to marry. You have to marry within 90 days of arriving in the US, and then file to adjust your status to permanent resident (i.e. Green Card Holder) The background checks are done before you arrive in the US, and you will be interviewed by the US Embassy Consulate in London to determine whether you are eligible for the visa. Once you get the visa, you fly to the US and you are interviewed at Immigration by ICE to determine whether you are eligible to enter. Once you get married and file to adjust your status, you are interviewed by USCIS to determine whether its a valid and legally recognized marriage.

If you come here to US, marry him, then return, you file for a K-3 visa instead of a K-1.

Remember, US isnt looking for new Immigrants, this is not easy, they are very skepticle, and it will take a long time and several thousand dollars just to get here. Then the fun really begins..!

traci2 · #31 08-01-2006, 01:23 PM

Wow....this all seems very daunting. my mom married a US citizen in he 70's, and I had a green card. Unfortunately I had to give it up when she divorced and I had been out of the country for so long. I know what immigration is like, and have had many interviews!! A horror story!! My last entry was a few years ago for a week in Florida with my daughter. We were interrogated on entry for 4 hours.. they pulled up records from 20 years ago. Anyway.. thank you all so much for the info.. the more the better!!! To me it seems like either way you do it.. it don't sound easy!!! Hey.. fun times ahead!!

Starchild · #32 08-03-2006, 12:15 PM

Ok I got this from a US immigration lawyer;

You cannot leave the country unless you obtain a proper permission from the USCIS. The permission I am referring to is called an Advance Parole (Travel Document). Please note, however, that it is impossible to get one unless you are married and file for the adjustment of status (“Green Card”).

So at least it seems you can travel between US and UK once married as long as you are going down the adjustment of status procedure and get the appropriate forms all filled out before leaving USA.

I think the thing to remember here is yes, it is a whole process and journey in itself to be with our loved ones whether we live in UK or USA, but many people do it. I have very little time now before my guy gets out - less than 4 months so I will be finding out all I can and I'll post whenever I find out more info. Any Brits out there going through the same thing I'd be happy to chat/pm with; we're all in similar situations so it would be nice to talk more.

CarlM · #33 08-03-2006, 01:04 PM

Even then there are 1000 stipulations and problems:

If you obtain I-131 advanced parole it allows you to 'try and gain readmission'. There are no guarantees you will be allowed back in the US on your return. Its also invalid to use it if you married on Visa Waiver (VWP) because you are out of status by the time they issue the documents to you because I-131 permission is overruled when you try and reenter before a decision is made if you were out of status when you leave the US. (On VWP you will be out of status)

Another problem is even if you marry on something other than VWP, when you reneter the US on I-131 you havent been 'given admission', but you have been 'paroled in'. This means all Immigration decisions are final when it comes to their decision on your adjustment of status whenever that finally happens. So if you miss the adjustment interview or are late - its all over for you, and theres no way to appeal.

CarlM

CarlM · #34 08-03-2006, 01:06 PM

Quote:

Originally Posted by Starchild

Any Brits out there going through the same thing I'd be happy to chat/pm with; we're all in similar situations so it would be nice to talk more.

I am a Brit!

Starchild · #35 08-03-2006, 01:33 PM

Quote:

Originally Posted by CarlM

Even then there are 1000 stipulations and problems:

If you obtain I-131 advanced parole it allows you to 'try and gain readmission'. There are no guarantees you will be allowed back in the US on your return. Its also invalid to use it if you married on Visa Waiver (VWP) because you are out of status by the time they issue the documents to you because I-131 permission is overruled when you try and reenter before a decision is made if you were out of status when you leave the US. (On VWP you will be out of status)

Another problem is even if you marry on something other than VWP, when you reneter the US on I-131 you havent been 'given admission', but you have been 'paroled in'. This means all Immigration decisions are final when it comes to their decision on your adjustment of status whenever that finally happens. So if you miss the adjustment interview or are late - its all over for you, and theres no way to appeal.

CarlM

Hello Brit Carl

Yes I can totally see that each step of this process is filled with issues - sadly. I'm not overly bothered if I returned to UK after a few months of being in USA once married and await my green card approval in UK. The only reason I would need to return to UK is as I have a son, but I could stay in UK once I'd returned from USA and simply await my green card approval I guess. Although I do see what you mean about missing the adjustment review.....
Did you go through all this to get to USA yourself Carl?

CarlM · #36 08-03-2006, 02:31 PM

Now theres a story!

I came to the United States to get a degree (I was busy avoiding a messy divorce back in London!), so i came on an F-1 student visa to get away from wives and women in general... Problem is, here in Ohio, the ladies love posh British accents!!

Ultimately i met and married a lovely girl, and worked for the college as their immigration advisor for International Students. And thats what i still do 4 years later. Other reasons im sticking around include the fact that we had a baby girl 4 months ago - she is a little doll..! I guess i dont miss it in UK any more.. i like living here, its cheaper, the weather is better, and the people are really friendly to me. Plus i dont ge tmy car stolen every 3 months, havent been stabbed once since living here, and im still 5000 miles away from the ex-wife and her none-too-pleased family!

Where in UK are you?

Starchild · #37 08-04-2006, 01:59 AM

Quote:

Originally Posted by CarlM

Now theres a story!

I came to the United States to get a degree (I was busy avoiding a messy divorce back in London!), so i came on an F-1 student visa to get away from wives and women in general... Problem is, here in Ohio, the ladies love posh British accents!!

Ultimately i met and married a lovely girl, and worked for the college as their immigration advisor for International Students. And thats what i still do 4 years later. Other reasons im sticking around include the fact that we had a baby girl 4 months ago - she is a little doll..! I guess i dont miss it in UK any more.. i like living here, its cheaper, the weather is better, and the people are really friendly to me. Plus i dont ge tmy car stolen every 3 months, havent been stabbed once since living here, and im still 5000 miles away from the ex-wife and her none-too-pleased family!

Where in UK are you?

Nice to hear such a positive story with a happy ending

I'm in the south east of England; an hour or so due south of London.

beverlywu · #38 08-05-2006, 02:55 AM

I got married in switzerland, then contacted the embassy and filed the petition in switzerland, prior tu us flying to US. I had to let them know that wewere planning to reside in the states, and which plane we would be on. That was considered his port of enrty, and they gave him a brief interview. They stamped his passport, which served as his temp proof of residence, which i took to the ss office, and got him a ss number, and then he could work!! uS is vey picky about how the spouse enters the country, as someone else posted, one needs to come in on the fiance visaand then they give you a short amount of time with which you have to get married. Hope this helps!

CarlM · #39 08-07-2006, 06:52 AM

Thanks for sharing with us Beverly. Did you stay in Lucerne at all when in Switzerland? My Sister lives there, and its about the prettiest place in the world (i think so anyway!)

Starchild · #40 08-07-2006, 10:17 AM

One more thing I was wondering - when it comes to go down this route, would you hire and pay out for a lawyer who specialises in K1 visas etc or just do the whole process yourself? I see so many of them advertised for $400-$2000 lol and was wondering what you would do?

CarlM · #41 08-07-2006, 11:32 AM

I would never use a lawyer myself as i dont like paying someone $200 an hour to fill in papers that i am perfectly capable of completing. Having said that, it does take a lot of the worry away, and if laws change (which they seem to do daily!) the lawyer should be the first to know!

Starchild · #42 08-07-2006, 11:54 AM

Yeah I kinda feel the same way Carl. I was just curious as to what others have or would do.

saucywitch66 · #43 09-06-2006, 09:17 AM

I would advise you to fill it out yourself, as you are going to have to pay fees for the K1 anyway, why pay extra, other than your time.

In addtition, I have to add, that immigration to the UK was not a picnic, even for those of us Expats without a record. WHEW! AND from what I understand, it has only gotten worse, and actually costs something for a Fiancee Visa wheras when I came here, it cost nothing for it, but it still was a heck of a lot of paperwork.

Also getting married in the UK, Nightmare. They interview the couples like you are going through a tribunal. *shakes head* Nothing is easy folks, you want something, you gotta work your Bum off for it.

saucywitch66 · #44 09-06-2006, 09:23 AM

Quote:

Originally Posted by Starchild

Nice to hear such a positive story with a happy ending

I'm in the south east of England; an hour or so due south of London.

Hiya! Me too! Nice to meet you. I am moving back to the US in January, money willing.

Starchild · #45 09-06-2006, 11:30 AM

Quote:

Originally Posted by saucywitch66

I would advise you to fill it out yourself, as you are going to have to pay fees for the K1 anyway, why pay extra, other than your time.

In addtition, I have to add, that immigration to the UK was not a picnic, even for those of us Expats without a record. WHEW! AND from what I understand, it has only gotten worse, and actually costs something for a Fiancee Visa wheras when I came here, it cost nothing for it, but it still was a heck of a lot of paperwork.

Also getting married in the UK, Nightmare. They interview the couples like you are going through a tribunal. *shakes head* Nothing is easy folks, you want something, you gotta work your Bum off for it.

Hi! Yes I think it will be a case of filling it all out myself; it all costs enough as it is so any money saved is a bonus! Yes it does cost now to send the application in and apply over here...more money

. We don't expect it will be a walk in the park and are fully aware of what lies ahead but are determined not to let bureaucracy stop us being together, wherever that is.

arriana · #46 09-30-2006, 03:26 PM

you can come in as a tourist and marry him AS LONG as you are then going back home after the marriage and before you plan on moving there.... as that is legal.. as you are not staying nor putting in paperwork to stay at that time.. then when you do move there he is already your husband and there is different filing forms then fiance visa

beverlywu · #47 09-30-2006, 04:41 PM

ok, ill tell you what I know from experience. I married my husband in Switzerland. i applied for his right to enter in Switzerland at the Embassy. I gave them flight info, as to when we were flying into the US. When we stepped foot on American soil,we went through and were stopped for an interview. This became his port of entry, which was important. They stamped his passport with a temporary work visa. we flew on to the west coast. after that he never did recieve the green card, but his passport got stamped for the entire three years. he was always able to work, and then came the interview, the three year one. We went togetherwith my and his children. They saw my youngest, that was still breastfeeding, and then they asked me if she was his, and well she is his so i told them of course, and then that was it. I think its not that hard to get in, but only if its a real realationship. Uk, well i kooked it up for a friend of mine, and its very difficult. she has been married for a year, and they did it in the us. he did get deported and now she has to move there. The amazing thing is that uk will onlu allow her in the country for a max of 6 months......to be decided, but she does have to leave either way. Id get married in europe, like i did the last time. By the way i recently got married, and the swiss want me to send the marriage license back to the swiss embassy in aerica before they will accept it.........crazy. I have to send it therre so they can send it here, ok, whatever.....................hope this info helps.............

so_hurt · #48 11-05-2006, 10:05 PM

I have a similar problem. My boyfriend is still incarcerated (he just got back in) and he will get out sometime between Christmas 07 and May 2008 (depending on his gaintime)

I am German and I came to america 15 months ago, I have a J 1 Visa and I just got it extended. I came here as AU PAIR and my intent was to be an Au Pair and nothing else. In my wildest dreams I would not have thought about falling in love here, especially not falling in love with a felon!
8 weeks before my J 1 visa was about to expire I met my boyfriend. He was on probation. I got my visa extended since my hostfamily wanted to keep me. So now I'll be here on a J 1 Visa for additional 12 months. My boyfriend violated his probation and went back to prison.
he is so scared that I could leave the country in September 07 (that's when my visa expires) and he'll still be in prison. So now he wants to marry me, he keeps asking and asking and I know he is the one so if I ever marry I will marry him, that's for sure.
So, since I am already here in america, I am wondering if I could marry legally, even though I am here on a J 1 visa.
the other thing is, my hostfather wants to keep me badly, and he is thinking about getting me a workvisa. He has a huge company in ohio and he is seriously thinking about involving an immigration officer and getting me a work visa so I could keep watching his kid and go to college without paying the expensive fees that non-residents have to pay.
So know I don't know what to do? Can I marry while I am here with a J 1 visa? Would the marriage mess my work-visa chances up?
should I not marry and hope for the work visa instead?
I have no idea what to do

oh and on top of all that my biggest dream is taking him to germany with me. He says his mom was german. She passed away when he was a little kid, but he says she was german.....!?

Jillian · #49 11-05-2006, 11:41 PM

Quote:

Originally Posted by Milena

I have a similar problem. My boyfriend is still incarcerated (he just got back in) and he will get out sometime between Christmas 07 and May 2008 (depending on his gaintime)

I am German and I came to america 15 months ago, I have a J 1 Visa and I just got it extended. I came here as AU PAIR and my intent was to be an Au Pair and nothing else. In my wildest dreams I would not have thought about falling in love here, especially not falling in love with a felon!
8 weeks before my J 1 visa was about to expire I met my boyfriend. He was on probation. I got my visa extended since my hostfamily wanted to keep me. So now I'll be here on a J 1 Visa for additional 12 months. My boyfriend violated his probation and went back to prison.
he is so scared that I could leave the country in September 07 (that's when my visa expires) and he'll still be in prison. So now he wants to marry me, he keeps asking and asking and I know he is the one so if I ever marry I will marry him, that's for sure.
So, since I am already here in america, I am wondering if I could marry legally, even though I am here on a J 1 visa.
the other thing is, my hostfather wants to keep me badly, and he is thinking about getting me a workvisa. He has a huge company in ohio and he is seriously thinking about involving an immigration officer and getting me a work visa so I could keep watching his kid and go to college without paying the expensive fees that non-residents have to pay.
So know I don't know what to do? Can I marry while I am here with a J 1 visa? Would the marriage mess my work-visa chances up?
should I not marry and hope for the work visa instead?
I have no idea what to do

oh and on top of all that my biggest dream is taking him to germany with me. He says his mom was german. She passed away when he was a little kid, but he says she was german.....!?

here is a link to answer all the questions about j 1 visa :http://www.immigration.com/faq/jvisa.html

Question 8 talks about marriage but so does a few others .. i hope this helps

Also if you click on the box on top that says other faqs it will tell you about older j 1 visa aquestions and also all the other visas

Just Me 1973 · #50 11-06-2006, 02:06 AM

If it was me I would wait to marry until he's out. If you can continue to live in the U.S on a work visa, then why potentially mess up a good thing? I'm no expert on immigration laws, but to me it just sounds like the best way to go about it is to get the work visa and marry him when he gets out and more settled and then adjust your visa.
I don't know anything what so ever about the immigration laws in Germany, but if they are anything like in Norway, you should be able to bring your husband with you. If he can prove that his mother was a German citizen his ties to Germany will be even greater than "just" being married to one.

Whatever you decide I wish you the best of luck!