We changed our entire plan. Want to move to the US instead - what now?

[closed-20101014 3]

My opinion - don't pick where to live on where you think the process will get you together either the quickest or the easist. Live where you will be happy.

Good luck with your decision.

I wish it was that easy. I want most of all to live in Japan. I speak the language, and getting work there has proven easier. Huge problem: You need a degree to legally work there if you aren;'t married to a citizen or somebody who has a work visa already. I don't want to be apart from him for 4 years while I get one. We've spent a lot of money checking out all countries we wanted to/could potentially live in, and he wants to live in Japan eventually too. No pressure from myself, he talks about it lots and how happy he's been on visits there.

Trouble is I've always been of the opinion that more important than living in a country, I want to be with a partner who loves and respects me.

I don't want to wait, so we were going to get degrees together, potentially stay in a different country together for a few years/forever depending on if we change our minds.

Fact is, I have never liked the UK. I have lots of reasons, I like technology, nightlife, big cities and cheap travel, I like being able to import goods without huge taxes. Most importanrtly (because it kills my social life for 8 months a year) I'm badly cold intolerant (been wearing a coat this week in Florida even.) So yes it's been an easy decision to make. we thought the UK was basically our easiest option as I'm able to work there and sponsor a visa, but we didn't think the USA was an option at all because I personally didn't expect his parents to take to me - given what I've said in the thread and the mockery we've had elsewhere, who would? Trust me it's vastly preferable to the UK, but right now I'm going to have to go back to the UK anyway so as an immediate consideration I'm frankly relieved at not having to do the UK spouse visa process because for my situation it really is worse than the US one.

His opinion is that the UK is too expensive and he doesn't want me to have to work so hard to sponsor him when there's no real need to bar administrative ones (I have good savings already.) He says he'd rather live in the USA than the UK, but if there's no other option he'd rather be in the UK if it means being together.

Lengthy personal details aside - does anyone have an answer to this important consideration we now have to face?

We are married now, and he's just spent 6 months in the UK, he's used up what the UK deems to be an acceptable visit time (6 months per year.)

What are our options re. visiting each other while the visa goes through? Is it a dead loss for either country, would it be better to pick others to visit in so as not to lose the cost of plane tickets/complicate things furthur with deportations?

Can I come here on a visitor visa to the USA while we wait?

[prettyunique 1]

I wish it was that easy. I want most of all to live in Japan. I speak the language, and getting work there has proven easier. Huge problem: You need a degree to legally work there if you aren;'t married to a citizen or somebody who has a work visa already. I don't want to be apart from him for 4 years while I get one. We've spent a lot of money checking out all countries we wanted to/could potentially live in, and he wants to live in Japan eventually too. No pressure from myself, he talks about it lots and how happy he's been on visits there.

Trouble is I've always been of the opinion that more important than living in a country, I want to be with a partner who loves and respects me.

I don't want to wait, so we were going to get degrees together, potentially stay in a different country together for a few years/forever depending on if we change our minds.

Fact is, I have never liked the UK. I have lots of reasons, I like technology, nightlife, big cities and cheap travel, I like being able to import goods without huge taxes. Most importanrtly (because it kills my social life for 8 months a year) I'm badly cold intolerant (been wearing a coat this week in Florida even.) So yes it's been an easy decision to make. we thought the UK was basically our easiest option as I'm able to work there and sponsor a visa, but we didn't think the USA was an option at all because I personally didn't expect his parents to take to me - given what I've said in the thread and the mockery we've had elsewhere, who would? Trust me it's vastly preferable to the UK, but right now I'm going to have to go back to the UK anyway so as an immediate consideration I'm frankly relieved at not having to do the UK spouse visa process because for my situation it really is worse than the US one.

His opinion is that the UK is too expensive and he doesn't want me to have to work so hard to sponsor him when there's no real need to bar administrative ones (I have good savings already.) He says he'd rather live in the USA than the UK, but if there's no other option he'd rather be in the UK if it means being together.

Lengthy personal details aside - does anyone have an answer to this important consideration we now have to face?

We are married now, and he's just spent 6 months in the UK, he's used up what the UK deems to be an acceptable visit time (6 months per year.)

What are our options re. visiting each other while the visa goes through? Is it a dead loss for either country, would it be better to pick others to visit in so as not to lose the cost of plane tickets/complicate things furthur with deportations?

Can I come here on a visitor visa to the USA while we wait?

Your husband could try and visit the UK again. However, the visit may be more scrutunized than before because of the marriage and the length of time of the visit. I think it will be up to immigration and they may want to see ties/ something that will show them that he will come back to the US.

Are you a UK citizen? IF you are than you could potentally visit without a "visitor visa" as long as you show ties to the UK. Again it will be up to immigration if you get through. You may not have any trouble traveling back and forth.

[closed-20101014 3]

Your husband could try and visit the UK again. However, the visit may be more scrutunized than before because of the marriage and the length of time of the visit. I think it will be up to immigration and they may want to see ties/ something that will show them that he will come back to the US.

Are you a UK citizen? IF you are than you could potentally visit without a "visitor visa" as long as you show ties to the UK. Again it will be up to immigration if you get through. You may not have any trouble traveling back and forth.

Well what I'm worried about is we're now married and it could come up I guess, if I don't mention it do the records show when they do the fingerprint test? Of course if they ask, I'd have to tell the truth. Coming in this time I didn't get asked anything bar "business or leisure?" and no specific reason demanded. This is a very popular holiday spot for the UK too. I think the most popular in the USA. Tickets are cheap with lots of competition from airlines to provide a deal. So yes, I want to visit as much as possible (I'll use up my annual leave by year out) but can you really come in on a "visitor's visa" if you are already in the p[rocess of a visa claim? It seems quite iffy. It's one thing I've not heavily researched because I've not considered it likely I'd try for the US visa. There are other options such as meeting in Ireland, meeting in other euro countries. Just annoying we'd have to pay for hotels when I secured us a house in the UK.

[Boiler 47,346]

You seem confused about the UK process. A lot easier than the US one. All that is required is to show that the immigrant will not be a public charge.

Edited February 12, 2010 by Boiler

[closed-20101014 3]

You seem confused about the UK process. A lot easier than the US one. All that is required is to show that the immigrant will not be a public charge.

And therein lies the problem - they are a LOT more strict with proving your income and it requires keeping records of bills, having accountants notarise your business accounts in my case - they might demand more proof because if you're self employed, of course you could lie about income right? Paying extra tax is a small price to pay to get a family member into the UK. I've been told it could be VERY hard to prove, that they might want 2 years of tax returns - I only have one and only one year of proof of income in the UK. They are especially stringent because people in the UK can claim lots of welfare and they don't want immigrants potentially claiming any. as I say you have to prove you'll claim NONE. I don't know a single person who claims none, because most people are eligible for at least child welfare or tax credits of some kind. I've had a very hard time of it staying well above theior magic number (that they keep hidden, immigration lawyers guess at it based on who has been accepted and who hasn't.) And as I'm self employed I have to stay well above, can't drop down low near it because they'll say my business ios in risk of falling below the requirements.

Plus the fact I keep hearing doom and gloom ("You sell on EBAY? Oh no, you don't stand any chance at all.") Then the initial outlay is $1100 ish - I don't think they ask for extra evidence if you miss any of their needed info (which again can be vaguely described or not mentioned on the government site.) Apparently a lot of visas are refused outright because they figure genuine claimants will appeal. The appeal is free at least, but this process is so lengthy I'vew heard that some people pay the $1100 again with a better application package to speed it up. And recently there's talk of the appeals being charged to the immigrant, new legislation that certain MPs are trying to push for. Shock tabloid stories all over the pap[ers of the sheer CHEEK of immigrants to get a free appeal (on a $1100 refused visa.)

You don't only have to prove the income either. You still (like the US) need to prove the marriage is valid, with receipts of places stayed in, photos etc.

I'm not sure how the US visa is harder than this? It just seems more likely I'll be successful with the US visa, with the strong history of his parents filing tax returns and having a good income. Can anyone refute this?

[VanessaTony 3,567]

I read this thread and you seem to really be confusing everything up and really stressing out so I'll answer your initial qn which was "we're married and wanna move to the US, what now?"

In order to move to the US:

1. if you are there currently, you can simply AOS as his spouse. Guide here: http://www.visajourney.com/forums/index.ph...page=i130guide2

2. If you aren't in the US at the moment, apply for a CR-1 visa which will give you a greencard as soon as you enter. It'll be less than 12 months typically, I think someone said 8 months at the moment (which allows you to continue to work while you're in the UK waiting, but not working your ####### off so hard, just saving and preparing to move ). Here's the guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

In either case, it depends on the family size for the amount he will need to have earnt in order to qualify to support you. The current level for a 2 person household (125% of the poverty line) is $18,212. The UK US embassy (from what I've read) permits joint-sponsors so his mother, if she wants to support you, will need to earn the amount equivalent for her household size. Read the I-864 instructions on how to calculate household size (here bottom of page 2 on the left) and here is the poverty level guide. So once you know how big her "household" would be you can see how much she would need to earn in order to fulfil the requirements.

In terms of visiting, just like you would normally, you can use the VWP to visit him. You would need to show strong ties to the UK so they don't deny you at the border (which does happen sometimes). Someone else would have to tell you more about the UK side, maybe a new year "resets" it?? lol. I don't know

The Japan visa, as previously stated, is irrelevant.

The divorce, is irrelevant really. As long as you have the marriage certificate and the divorce decree I would think the reason is irrelevant as well. The only time a prior marriage would really be an issue (but still not even an "issue") is if you married another USC to get a greencard. Sometimes when someone is petitioned for more than once, or petitions more than once it raises red flags in terms of "this could be a visa marriage".

The age difference also doesn't REALLY matter, but some places do seem to make a big deal out of it. So make sure you have a lot of proof of bonafide relationship.

Aside from all that you should really be fine unless you're a drug dealer, or have a bad criminal record or other dodgy stuff that would raise red flags.

Best of luck and welcome to VJ

Edited February 12, 2010 by Vanessa&Tony

[Gemmie 142]

You seem to be so terrified that you're blowing things out of proportion. Stick to the facts.

If you've found that the income requirements for the UK visa is way too difficult for you, then aim for the US one. You're right, they accept co-sponsors so his parents can help out. Your situation with Japan doesn't matter, as long as you can give them a police record showing a clean slate. Your divorce doesn't matter, as long as you can give them a decree to prove the divorce. Age differences, when you started your relationship, your intentions with the UK, none of this matters. They just want to see that you can be supported by the USC and/or a sponsor that makes above the poverty limit.

The only negative thing is time... you're looking at a long-#### period of waiting compared to the UK, and also have to get used to the lack of 'human rights' with the immigration process. Being with a foreign national is not a right when you're wanting to cohabit with them, it's a privilege, and you must get used to proving you can do it.

[Boiler 47,346]

The OP seems set in what she believes, for anubody else going that way:

http://www.uk-yankee.com/