Help!

[Zaizei 0]

Yes, that's why I was sure. Once upon a time, there were a lot more field offices!

Thanks for all the info. I'm going to call the Seville embassy, hopefully they will guide me or give me an appointment for the visa. Also with the guides here in forum and older posts, I feel I have all the info I need. Even though this is true, I hope you don't mind if I eventually ask something that's not clear. Once again, thank you

[Shauneg 762]

Thanks for all the info. I'm going to call the Seville embassy, hopefully they will guide me or give me an appointment for the visa. Also with the guides here in forum and older posts, I feel I have all the info I need. Even though this is true, I hope you don't mind if I eventually ask something that's not clear. Once again, thank you

Well first of all you have to petition through USCIS here for the fiance visa....you don't just go to the embassy. Unless you are trying something else and I misunderstood.

[Zaizei 0]

Well first of all you have to petition through USCIS here for the fiance visa....you don't just go to the embassy. Unless you are trying something else and I misunderstood.

I must have misunderstood the whole thing... I thought that since I am living here in Spain, I first have to go to the embassy and they will provide me with some guidelines of what I have to do in order to start the process. So I should refer directly to USCIS not to the embassy? How should I do it? What documents do I need? Is it everything on this forum's guide? Sorry to ask so much, but this is overwhelming...

[Shauneg 762]

I must have misunderstood the whole thing... I thought that since I am living here in Spain, I first have to go to the embassy and they will provide me with some guidelines of what I have to do in order to start the process. So I should refer directly to USCIS not to the embassy? How should I do it? What documents do I need? Is it everything on this forum's guide? Sorry to ask so much, but this is overwhelming...

At the top of the screen..click the guides button. You must be on a computer....

[Zaizei 0]

I guess the hardest thing to prove is the intent to live in the U.S. again. Right now I don't have any lease agreement, because during our first month there we will be looking for an apartment (we will be staying in my father's house). Also, I don't have a CA driver's license or evidence of the job (because I don't know if I passed the Bar Exam, I need to wait until mid November). Will it be enough if my father (and other relatives) write a letter saying that I intent to move to CA permanently in 2016? What other evidence could be helpful? When do I have to attach this information?

[Boiler 43,426]

Did you read the Guides?

As a matter of interest which field of law did you study.?

[Zaizei 0]

Did you read the Guides?

As a matter of interest which field of law did you study.?

Yes I did read the guides.

You have to study the law that is studied in law schools (particularly for me was CA).

SUBJECTS TESTED:

*MBE Subjects: Civil Procedure, Constitutional Law, Contracts/Sales, Criminal Law/Procedure, Evidence, Real Property, Torts.

*California Essay Subjects Federal Civil Procedure, CA Civil Procedure, Business Associations (Corporations, Agency and Partnership, and LLC), CA Community Property, CA Evidence, CA Professional Responsibility, Remedies, Trusts, CA Wills and Succession, plus all MBE subjects.

For more info you can see this webpage: http://www.barbri.com/states/california/bar-exam/

[Boiler 43,426]

OK

US is different certainly to the UK and most likely Spain. Spanish Legal system always confused me.

Often a shock to those coming here but rarely is the Government there to help you, they may process your application but for guidance you need a Lawyer.

Maybe one of the reason there are so many of them.

[Zaizei 0]

OK

US is different certainly to the UK and most likely Spain. Spanish Legal system always confused me.

Often a shock to those coming here but rarely is the Government there to help you, they may process your application but for guidance you need a Lawyer.

Maybe one of the reason there are so many of them.

Yep, probably. I'm a lawyer here in Spain, and hopefully in CA too. I can definitely tell the difference but there are also a lot of similitudes.

[IcezMan_IcezLady 582]

I would suggest you sort out the tax issues first because your partner will be coming here based on your status.

Even if you are unemployed, you are supposed to file your taxes or file an exempt or file something. Not just ignore it.

Sorry, if I sound harsh.

As you go through the guides to find the best fit for your situation, don't forget to sort that out too.

Good luck!

[Pennycat 880]

I must have misunderstood the whole thing... I thought that since I am living here in Spain, I first have to go to the embassy and they will provide me with some guidelines of what I have to do in order to start the process. So I should refer directly to USCIS not to the embassy? How should I do it? What documents do I need? Is it everything on this forum's guide? Sorry to ask so much, but this is overwhelming...

No, you have to start the whole thing with USCIS. Basically, for either visa there is one end goal: to be given the type of visa that allows him to enter the country with the intent to stay. And there are two major phases to get that to happen. Phase 1: you ask the Department of Homeland Security (USCIS, specifically) for permission for him to apply for that specific type of visa. That's not the application for the visa itself, it's unlocking the ability for him to be able to apply for it. Phase 2: he applies for the visa (with supporting documentation from you) from the Department of State (represented abroad by the embassies and consulates).

Honestly, if I were in your shoes....I'd do the spousal visa. You can get married without having a wedding (and have the wedding later). I know it sounds un-romantic, and I really feel you there. If you really aren't ready to take the marriage step, and want a few more months to think about it, that's one thing (and I also understand that. That factored into our decision making, too). But if it's just about planning a wedding, and you're ready for the legal step....I'd do the courthouse ASAP and plan a wedding for later. It could wind up saving you a lot of money and hassle (this, coming as a fiance visa applicant).

The main bonus for the fiance visa is that they're typically faster than spousal visas--anywhere from 4 to 10 months but pretty much guaranteed under a year. Spousal visas are harder to predict the timeline but typically take a year or more. But you're not looking to move for another year, so it doesn't totally matter which one you go for (and if you're one of the people who gets lucky and flies through this process, you may wind up needing to apply to extend the validity of the visa, or otherwise slowing down the process. Not difficult, but just another thing to worry about).

The big bonus of the spousal visa is that it comes with a green card automatically. The fiance visa does not (literally, all that visa is is permission to enter the country to get married and stay. It doesn't guarantee the ability to stay, or work. Just permission to come here with the intention to apply to live and work). For fiance visa, you then have to apply for that permission to live and work in the US-- to "adjust status" to that of a green card holder. It takes a few months from the time of application for the work authorization to come through, and about a year from the date of application. And remember, you can't apply for any of this until you're married. So....imagine. You land in the US, have your wedding in 2 or 3 months THEN apply for AOS, then wait another 2 or 3 months for work authorization. That's up to 6 months of him not having a job. Whereas with spousal visa, he'd be able to work the day he lands.

The fiance visa process is also almost $1000 more expensive than the spousal visa process. And includes a prolonged period of unemployment for the foreign national. The visa makes a lot of sense for a lot of people (myself included), and the money is not a concern, our focus was the speed of the visa. I'd make the same decision for myself all over again. But your situation sounds a bit different (because you're living together and are a year away from your desired immigration).

[Pennycat 880]

No, you have to start the whole thing with USCIS. Basically, for either visa there is one end goal: to be given the type of visa that allows him to enter the country with the intent to stay. And there are two major phases to get that to happen. Phase 1: you ask the Department of Homeland Security (USCIS, specifically) for permission for him to apply for that specific type of visa. That's not the application for the visa itself, it's unlocking the ability for him to be able to apply for it. Phase 2: he applies for the visa (with supporting documentation from you) from the Department of State (represented abroad by the embassies and consulates).

Honestly, if I were in your shoes....I'd do the spousal visa. You can get married without having a wedding (and have the wedding later). I know it sounds un-romantic, and I really feel you there. If you really aren't ready to take the marriage step, and want a few more months to think about it, that's one thing (and I also understand that. That factored into our decision making, too). But if it's just about planning a wedding, and you're ready for the legal step....I'd do the courthouse ASAP and plan a wedding for later. It could wind up saving you a lot of money and hassle (this, coming as a fiance visa applicant).

The main bonus for the fiance visa is that they're typically faster than spousal visas--anywhere from 4 to 10 months but pretty much guaranteed under a year. Spousal visas are harder to predict the timeline but typically take a year or more. But you're not looking to move for another year, so it doesn't totally matter which one you go for (and if you're one of the people who gets lucky and flies through this process, you may wind up needing to apply to extend the validity of the visa, or otherwise slowing down the process. Not difficult, but just another thing to worry about).

The big bonus of the spousal visa is that it comes with a green card automatically. The fiance visa does not (literally, all that visa is is permission to enter the country to get married and stay. It doesn't guarantee the ability to stay, or work. Just permission to come here with the intention to apply to live and work). For fiance visa, you then have to apply for that permission to live and work in the US-- to "adjust status" to that of a green card holder. It takes a few months from the time of application for the work authorization to come through, and about a year from the date of application. And remember, you can't apply for any of this until you're married. So....imagine. You land in the US, have your wedding in 2 or 3 months THEN apply for AOS, then wait another 2 or 3 months for work authorization. That's up to 6 months of him not having a job. Whereas with spousal visa, he'd be able to work the day he lands.

The fiance visa process is also almost $1000 more expensive than the spousal visa process. And includes a prolonged period of unemployment for the foreign national. The visa makes a lot of sense for a lot of people (myself included), and the money is not a concern, our focus was the speed of the visa. I'd make the same decision for myself all over again. But your situation sounds a bit different (because you're living together and are a year away from your desired immigration).

Sorry, I left something out. It's a few months for the work authorization and about a year for the full green card. I accidentally left that part out. The rest of the times are still more or less accurate.

[Zaizei 0]

I would suggest you sort out the tax issues first because your partner will be coming here based on your status.

Even if you are unemployed, you are supposed to file your taxes or file an exempt or file something. Not just ignore it.

Sorry, if I sound harsh.

As you go through the guides to find the best fit for your situation, don't forget to sort that out too.

Good luck!

I really don't know how the tax goes over there, but I imagine that if I have never worked (made any money) I don't need to file anything (at least here in Spain is like that). Is it that when you turn 18/21 years automatically you have to file taxes even if you never had a job? Also Spain and U.S. have a dual taxation treaty, but that will entry into game if I ever have worked here in Spain. Maybe I'm wrong...

[Alaska2012 462]

As a lawyer you shouldn't have a problem going through with this then. Just read the guidelines and fill out the paperwork.

[Zaizei 0]

Sorry, I left something out. It's a few months for the work authorization and about a year for the full green card. I accidentally left that part out. The rest of the times are still more or less accurate.

Thank you very much for your reply (and to everyone that have tried to help me out here). For us I don't think that the marriage visa is the best option, since by July 2016 we have to be in CA (I can't risk to be late on that) and it sound like (normally) the marriage visa takes way longer that the fiancé one. For us is not a problem that he does not have a job, since he has to study to sit for the exam to be a nurse in CA (he is already a nurse in Spain) and he will need time for that (and adjusting to the U.S.).

My main issue is how do I document the fact that I want to live again in the U.S....