AOS - File in US then study in London

[Dr. A ♥ O 203]

Sorry to spoil the surprise for some of you who read this. I'm considering applying to one graduate school in England and I need to factor in how this would affect our visa process. We think that my Husband will be here by the end of the year and so we'd file AOS then. I start Graduate School in Fall 2010 not sure about the dates in England. If I choose the one abroad he'd have to go with me. I've read of couples living together outside the US while doing AOS. Even the Embassy in Cairo said many people fly to the US to Adjust Status and then fly right back somewhere else for awhile outside the country because of some other obligations. Has anyone done AOS from abroad? How does that work? Would we have the interview at the local Embassy in England or would we both need to fly back to the States for his interview at the local office? Also if I get my student visa for there then what sort of visa should we apply for my Husband to join me? Is it called a companionship visa or something kind of like they do here?

[freetv 7]

Sorry to spoil the surprise for some of you who read this. I'm considering applying to one graduate school in England and I need to factor in how this would affect our visa process. We think that my Husband will be here by the end of the year and so we'd file AOS then. I start Graduate School in Fall 2010 not sure about the dates in England. If I choose the one abroad he'd have to go with me. I've read of couples living together outside the US while doing AOS. Even the Embassy in Cairo said many people fly to the US to Adjust Status and then fly right back somewhere else for awhile outside the country because of some other obligations. Has anyone done AOS from abroad? How does that work? Would we have the interview at the local Embassy in England or would we both need to fly back to the States for his interview at the local office? Also if I get my student visa for there then what sort of visa should we apply for my Husband to join me? Is it called a companionship visa or something kind of like they do here?

For sure it won't be done at the embassy because it has nothing to do with the State Dept. There is nothing wrong with short trips but grad school is not a short trip in anyone's mind. You can get your greencard (after aos) and then go overseas for awhile but it is kind of hard to prove your living together and intend on staying in America when your trying to go to school in Europe. We are still doing aos and plan on going overseas for four months, if our case gets transfered from cali to the local office we will come back early. But of course 4 months is still considered a short trip. I know some people get the green card and then "put it on hold" so to speak while they live overseas for a year or so but those people all have a green card. You should forget the idea of going to school in the uk or forget the idea of aos, they don't really mix too well.

Edited October 13, 2009 by freetv

[Dr. A ♥ O 203]

I don't know what is considered a short trip or not but surely people have gone out of the country and adjusted status with their spouses and since they were together were able to prove that. Does anybody have any idea who else I can ask about this?

[freetv 7]

I don't know what is considered a short trip or not but surely people have gone out of the country and adjusted status with their spouses and since they were together were able to prove that. Does anybody have any idea who else I can ask about this?

Tons of people go overseas for months at a time while they are doing aos that isn't the problem. Is your grad school one term there and finish in the u.s. or the entire 2-3 years there? If it is just the one term or even one year it isn't that big of a deal as long as you have something here like a bank account, house, a few bills, ect. But if your talking about getting aos and living together while you get your degree in the uk for those 2-3 years your are not using the greencard right. Because there is a limit on how much time you can spend overseas and although some people are able to "put it on hold" they at least spent a good year or so living in the u.s.

[rebeccajo 14]

The common wisdom has always been not to remain out of the US longer than 180 days. Residency can be considered abandoned and if this occurs, you and your husband would have to begin an immigration process all over for him again.

So.......there is more than one way to skin a cat though. How long is this course of study? Two years?

Your husband could always just arrive here and you could marry and forget about filing his adjustment (providing you plan on heading off to England soon). Go live your lives there and about a year before coming back to the US, file a DCF for him. If you've lived in Britain more than 6 months, you should be able to follow this path. Research it first though in case there is some wild reason a student wouldn't be able to claim residency in the UK.

Of course.........the larger question is probably whether or not the UK will let him come in with you at all. Have you researched your UK student visa to find out if there is a provision for spouses to travel and reside in the UK? There would be no such thing as a 'spousal visa' or 'companion visa' for you to bring him with you. Those privileges are reserved for UK citizens bringing over foreign-born spouses. The provisions would have to be a side benefit of your student visa. The university you are planning on attending should be able to offer you assistance. For purposes of residing in the UK, your husband's US immigration status would be of no consequence.

Edited October 14, 2009 by rebeccajo

[Dr. A ♥ O 203]

The course of study is a M.A. one year at full-time and if I wanted it could be two years at part-time which they say is what most of their graduate students do. We would Adjust Status when he is here and if the place I apply in England is interested in me enough and we go there then I assume it wouldn't be till fall of next year so it would have been a whole year since we filed AOS by the time we got there. Then we'd both be there for a year after that during which I assume we would get the appointment letter and have to come back for the interview or I don't know what. I'll have to check on the student visa and spouse situation with the University. Thanks!

[rebeccajo 14]

I confess I hadn't checked an important detail - your husband's visa is K3. Which of course means it is multiple entry.

If there is a way for him to join you in the UK, then don't adjust his status before you go. If he needs to work, just get him an EAD.

Just make sure you are back in the US before the two year expiry of his K3 and then file to adjust his status.

[freetv 7]

I confess I hadn't checked an important detail - your husband's visa is K3. Which of course means it is multiple entry.

If there is a way for him to join you in the UK, then don't adjust his status before you go. If he needs to work, just get him an EAD.

Just make sure you are back in the US before the two year expiry of his K3 and then file to adjust his status.

I also thought it was a K-1 visa, for sure just wait to do aos and get the EAD like you said. Good thing you thought about it some more rebeccajo