UK to USA - quickest way

[KatieMay 0]

Hi All,

This site is so awesome, thank you to everyone for their valuable input, I have already gleaned a ton of information but I'm still totally confused as to what is the best way to proceed in my case (and I understand EVERYONE wants to get their visa through quickly, but I'll ask my question anyway..)

Here is the background:

-- I am a UK resident

-- I have been married for two and a half years to my American citizen Husband was approved for permanent residency to the UK in February of this year.

-- We're both 27 years old

-- We are currently half way into a 3 month stay with his parents in North Carolina.

A GREAT job opportunity for us both has come up and we have decided, while here, it is best that we move to the USA (something we have always known we would eventually do, but perhaps not this soon)

The jobs are ready now so we want to get me permission to stay here or leave and come back, as soon as is physically possible. We are due to leave the USA on July 9th.

What is the best way for me to go about getting residency, as a spouse, in the USA - do I have to go back to the UK or can I do it from here? If I do go back am I going to be stuck there for many months?

Thanks so much in advance,

Katie

[KatieMay 0]

Just to confirm, I am here for this visit on the Visa Waiver Program

[Eric_and_Corinna 0]

I guess I would ask you a couple things before i gave you any advice...

Did you intend to stay in the US before you came over to visit?

Do you need to go back to England to take care of anything pressing?

Do you have flexibility as to when your new jobs will start, and will your new employer have to get you a work visa?

[KatieMay 0]

Thanks for your reply...

Did you intend to stay in the US before you came over to visit?

-- We did not, no. We own a home, car - are involved members of our church etc all at home. We got a house sitter for the three months as well. We also brought our dog here to the US with us for this trip (it was too long to leave her) but prior to that, we went through the long and expensive process of getting her a 'European Pet Passport' which allows her to re-enter the UK without having to go through quarantine (this could be confirmed through our vet I presume).

Do you need to go back to England to take care of anything pressing?

-- No (other than talking to the parents - JUST KIDDING) - all of our bills are direct debited and our house sitter is enjoying using our house! (sidenote: we live in Northern Ireland (part of the UK) but that is no issue)

Do you have flexibility as to when your new jobs will start, and will your new employer have to get you a work visa?

Yes I have one hundred percent flexibility, it will wait for me (and my husband can start his straight away I assume). I am also assuming that once I was to be approved for a green card I could work, up until then we can manage on my husband's wage and we will initially be living with his parents (they have a basement apartment that we can use)

thanks

[YuAndDan 153]

Hi All,

This site is so awesome, thank you to everyone for their valuable input, I have already gleaned a ton of information but I'm still totally confused as to what is the best way to proceed in my case (and I understand EVERYONE wants to get their visa through quickly, but I'll ask my question anyway..)

Here is the background:

-- I am a UK resident

-- I have been married for two and a half years to my American citizen Husband was approved for permanent residency to the UK in February of this year.

-- We're both 27 years old

-- We are currently half way into a 3 month stay with his parents in North Carolina.

A GREAT job opportunity for us both has come up and we have decided, while here, it is best that we move to the USA (something we have always known we would eventually do, but perhaps not this soon)

The jobs are ready now so we want to get me permission to stay here or leave and come back, as soon as is physically possible. We are due to leave the USA on July 9th.

What is the best way for me to go about getting residency, as a spouse, in the USA - do I have to go back to the UK or can I do it from here? If I do go back am I going to be stuck there for many months?

Thanks so much in advance,

Katie

If US souse is still resident in the UK and has been for more than 6 months, the the quickest visa is for US citizen to file I-130 directly to the Embassy in London (DCF)

http://www.visajourney.com/forums/index.ph...om&page=dcf

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

[KatieMay 0]

Thanks,

My husband is a UK resident and a USA citizen. We have both lived in the UK for two and a half years so he does fulfil those requirements, however -

Although I can wait to start my job, he really needs to start his as soon as possible and so we don't want to be apart if possible - I understand the way you mentioned is 'quicker' but I wonder if there is an alternative 'you don't have to be apart' way to do it? (being that we are currently in the USA)

[pushbrk 12,157]

Hi All,

This site is so awesome, thank you to everyone for their valuable input, I have already gleaned a ton of information but I'm still totally confused as to what is the best way to proceed in my case (and I understand EVERYONE wants to get their visa through quickly, but I'll ask my question anyway..)

Here is the background:

-- I am a UK resident

-- I have been married for two and a half years to my American citizen Husband was approved for permanent residency to the UK in February of this year.

-- We're both 27 years old

-- We are currently half way into a 3 month stay with his parents in North Carolina.

A GREAT job opportunity for us both has come up and we have decided, while here, it is best that we move to the USA (something we have always known we would eventually do, but perhaps not this soon)

The jobs are ready now so we want to get me permission to stay here or leave and come back, as soon as is physically possible. We are due to leave the USA on July 9th.

What is the best way for me to go about getting residency, as a spouse, in the USA - do I have to go back to the UK or can I do it from here? If I do go back am I going to be stuck there for many months?

Thanks so much in advance,

Katie

If US souse is still resident in the UK and has been for more than 6 months, the the quickest visa is for US citizen to file I-130 directly to the Embassy in London (DCF)

http://www.visajourney.com/forums/index.ph...om&page=dcf

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

Yes that would be the quickest way to a visa but I think based on the information provided, she can simply stay and adjust status as well as file for EAD which will allow her to work sooner. This would require she remain in the USA until she gets the green card or advance parole. Her husband could travel to the UK freely if needed.

I'd advise at least an initial consultation with a qualified immigration attorney to confirm the plan but if its as straight forward as it seems, they shouldn't need any assistance to actually accomplish the adjustment.

The burden is on her to demonstrate to an adjudicator that their intentions changed after arrival. I'm convinced.

[KatieMay 0]

Thanks for that reply, I am defintiely interested in this adjustment thing, I think given our mortgage, pet passport and car ownership over in the UK (and possibly a letter from my pastor telling of our involvement in church) we could prove our intentions

Thanks so much

[KatieMay 0]

Hi again

I've just been going through the requirements for an adjustment of status - it gets a bit confusing when you get down to eligibility

Is it true that I CAN apply as a spouse of a US citizen who came here for a visit on the Visa Waiver Program?

[pushbrk 12,157]

Hi again

I've just been going through the requirements for an adjustment of status - it gets a bit confusing when you get down to eligibility

Is it true that I CAN apply as a spouse of a US citizen who came here for a visit on the Visa Waiver Program?

Yes but only because your intention changed. You cannot intend to come here on the VWP with the intention of circumventing immigration law. You intended to visit and circumstances changed.

[KatieMay 0]

Thank you pushbrk

I've just made an appointment for tomorrow to meet with an immigration officer in my 'local office'.

Hopefully the adjustment thing will work out

thanks again!

[pushbrk 12,157]

Thank you pushbrk

I've just made an appointment for tomorrow to meet with an immigration officer in my 'local office'.

Hopefully the adjustment thing will work out

thanks again!

I would advise against meeting with them first but if you do, please report back. I advised you to consult an immigration attorney, not an immigration officer.

[KatieMay 0]

Thank you pushbrk

I've just made an appointment for tomorrow to meet with an immigration officer in my 'local office'.

Hopefully the adjustment thing will work out

thanks again!

I would advise against meeting with them first but if you do, please report back. I advised you to consult an immigration attorney, not an immigration officer.

Do you think it will jeopardise my application? I figured it was just cheaper to ask an officer (free) than an attorney (not free) haha. Thanks

[pushbrk 12,157]

Thank you pushbrk

I've just made an appointment for tomorrow to meet with an immigration officer in my 'local office'.

Hopefully the adjustment thing will work out

thanks again!

I would advise against meeting with them first but if you do, please report back. I advised you to consult an immigration attorney, not an immigration officer.

Do you think it will jeopardise my application? I figured it was just cheaper to ask an officer (free) than an attorney (not free) haha. Thanks

Often an initial consultation is free or there's only a nominal charge. The attorney will be on your side and advise you on how to present your case assertively enough to succeed. Depending on who you talk to at USCIS and how well you present your circumstances, and their personal agenda, you could get almost any kind of answer you could imagine.

I think it's a really bad idea. USCIS doesn't represent you. An attorney does. Our agenda and his agenda is to help you and your family remain united. USCIS is more concerned with covering their butts than doing anything for you.

[KatieMay 0]

Thanks again push.. I've confused myself greatly haha -

I don't doubt your advice at all, I'm just wondering if this is the general consensus from all members? To steer clear of the immigration officer..

The reason I made the appointment is because the form says this:

If you are not included in the above categories, but believe

you may be eligible for adjustment or creation of record of

permanent residence, contact our National Customer

Service Center at 1-800-375-5283 for information on how

to use the Internet to make an application at your local

USCIS office. 9. Other basis of eligibility.

I think I can cancel my appointment but it is quite soon.

Edited June 5, 2008 by KatieMay