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Marriage and Immigration, Oh My!

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Just wanted some advice... Aug. 11th, 2008 @ 06:53 pm
I figured that this maybe a good place to start to research into something my friend told me about. She wanted to suggest something a friend of hers told her about, as she doesn't think me and my fiance are going to last much longer unless we start to have a more foreseeable goal to work towards, if you know what I mean. Despite the fact she's been a bit negative, the suggestion was nonetheless, helpful (we're not doomed, but something to look forward to would keep us sane, I don't appreciate some of the things she's said recently, but thats another story...but basically, we've spent nearly 5 years just visiting one another and we want to move forward in the relationship).

She was telling me that her friend said that if you sign up for this certain program whatsit, then you can be given a temporary work visa, and go to work somewhere in the states, just doing menial everyday work like retail. She was saying that maybe if I was able to get onto this sort of program, I could take a few months, go stay with my fiance and his family, and work legally in say a Starbucks or a Dairy Queen, and we would get a good idea of what it would be like to live together.

The idea of course, would be just that- a chance to live together and see how we'd manage, before jumping in feet first with getting married, etc. At the moment, we only see each other for about 2 weeks at a time, during which we are constantly in each other's pockets, and a little bit of spatting inevitably ensues- every couple needs their space after all. This way, we'd be going to work/college everyday, and therefore getting said space, and whats more, I would pay my fiance's parents keep to contribute to the household (their son-in-law lives with them, doesn't pay a dime and doesn't contribute at all, not even to cleaning, so I would definately pull my weight!). And the way I see it, if I it was possible for me to do this, then I would also end up having an American reference for my CV/resume when I finally do move over to the States permanently- the only ones I have right now are, obviously, from the UK, and I reckon that would possibly help a little bit in finding a new job when the time comes.

But the thing is, the friend of the friend from which this very interesting information came from is currently on holiday, and I don't know anything about it myself, so I didn't know where to start to research. All I know is that students often take advantage of this thing on gap years, and the visa is perfectly legal, although its normally only for 6 months (not a problem for me). I of course, don't want to just jump in without finding anything out, and want to research this thoroughly, and if we can do it, we won't be doing it anytime soon, but its still an option I would like on the table. So yes, not strictly Immigration Wedding but I figured if anyone was going to know something useful, it would be here.

Any information, suggestions or tidbits of advice anyone can offer, would be greatly appreciated! :)

Have a great day!

Current Location: Pompey, UK
Current Mood: cheerfulcheerful
Current Music: The Birthday Massacre

Hello! Aug. 2nd, 2008 @ 07:29 pm
Ok so here's the intro stuff :)

Name (or LJ Username): Luciifer
Bride/Groom/Other: I am the bride
Partner's name: Tim
Age: I'm 32 he is 29
What country are you from: I'm from USA
What country is your partner from: New Zealand
Who's going where (immigration wise): I am moving to New Zealand
Anticipated Wedding Date: we are already married Feb 28th 2008
Anything you want to tell us about your visa status or type: i don't have a visa or anything yet
What's your story?
We got married on February 28th 2008, Tim came to be with me for three months on the visitor waiver. he was with me from Dec 20th 2007, until March 19th, 2008.

Now...i'm moving there on October 15th, but all i've done is save up for a one way ticket to New Zealand. I am taking my kitty cat with me because he's been with me through everything so i won't be without him, and hubby wants him to be with us to. So I have had to wait for 6 months because of pet importation rules and whatnot. So, yea...October 15th is the flight date.

If we are already married..can i just go over there and either apply for a work visa or file for spousal visa and be good?

I know i need some sort of character reference letters before i go over there, but how many do I need? and character references from people who know me? or from people who know both Tim AND myself as a couple?

I'm kinda worrying that theres more that I need to be doing...I don't want to sell off everything I own and have spent all this money to get there to be with him finally after 6 months and then be told that I can't be with husband and get sent back....
It's been very very hard for me to be without him this long..i don't know that I could do it again..I was in a previous marriage several years ago,  he was in the military and of the three years we were married i saw him a total of 6 months during that time and thats it.  I love Tim with all my heart and i can't be apart from him, i can't be in another marriage where I can't be with my husband..i just can't do it.

Am I in danger of being sent away after I get there, even though we are already married?

thank you so much in advance for any responses.

Current Mood: stressedstressed

Question... Jun. 24th, 2008 @ 08:53 pm
Hey everyone!

I know that this is not the place for official answers, but I wondered if anyone might have any experience with my situation.

My fiance and I are planning to get married in the States next year. He is Australian, and I am an American citizen. He will be coming over for about a month for the wedding and then returning to Australia while I await the approval of my spouse visa to Australia. (In other words, he's NOT staying in the US after the wedding, and I am moving to Australia.) We've heard at least three different options about which visa we should apply for in order for him to enter the country to marry me.
1) The B2 visa which says something along the lines of entering for business or pleasure (which is defined as "marrying a citizen not for the purpose of immigration"). This seemed the obvious choice to us, but when my fiance called the American consulate in Sydney, they said "No! You need...
2) The K1 visa. This seemed unnecessary to us, as he is NOT planning on immigrating to the US. We are thinking we may immigrate back to the US EVENTually but probably not for at LEAST 3 years and possibly longer.
3) The visa waiver program. A little research on the internet turned up this site from the US Embassy in Japan which says this:
We only wish to travel to the U.S. for our wedding. We will return to Japan after marriage. Do we still need a fiancé(e) visa?

A person travelling to the U. S. to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveller intends to return should be carried for presentation to an immigration inspector at the port of entry.

So, as you might imagine, we're a bit confused! Do any of you have any kind of experience with this situation or any idea where to point us? We're thinking we'll go to the US consulate in Sydney in person later this week to see if we can clear things up, but we're quite nervous that they won't even listen to us and just automatically stamp "K1" on our foreheads and usher us out the door. Any help or suggestions are greatly appreciated!

X-posted to immigration and americanaussies
Current Mood: frustratedfrustrated

Jun. 8th, 2008 @ 05:21 am
I did an introduction post previously under my old username (Kellerbl), but haven't posted much in the last year since we decided to wait until after we were married to get a visa. My fiance is a dual citizen of the UK and the US. I'm from the UK. We're getting married July 13th (close now!) and we have an immigration lawyer helping us with my visa application.

Yesterday, I flew in to Ohio to be with my fiance for this month. We're doing a lot of traveling this summer. My travel plans look like this:

-June 7th, fly into Ohio.
-July 2nd, leave Ohio, enter UK on July 3rd.
-July 14th, fly into Ohio for one night
-July 15th, fly to Grand Cayman for our honeymoon
-July 29th, return to Ohio
-August 10th, move to Rhode Island
-September 24th, leave the US, return to UK.

Okay, I'm telling you all this because that much flying in and out of the US was bound to raise a red flag, and sure enough I was pulled aside yesterday for an interview with the customs people. I was seriously nervous, but tried to stay calm and polite. The main problem was that the ticket I entered on has the return date of September 24th, which is out of the 90 day allowance for people entering on the visa waiver program, so they wanted to verify my other ticket that has me leaving the US on July 2nd.

I was asked whether I work during my visits in the US, and my bags were searched for documents pertaining to work. I have to carry my own food onto flights due to food allergies, and my food was examined as well. I was queried about who bought my tickets (my future father-in-law), my fiance's job, whether I had already filed for a visa (no), and a few other things. The officers weren't aggressive but it was quite intimidating, though I tried to be upbeat. I was also very clear that I would be returning to the UK whilst my visa was processed, and not re-entering until I had it in hand.

The end result was that I was cleared to enter officially. I was SO RELIEVED. We've been advised by our lawyer not to file for my visa until after our honeymoon (as opposed to right after the wedding) as he feels this is the safest option for me, to make sure I can enter the US on the way to the honeymoon.

The main reason I'm posting is because, since I started looking into a visa over a year ago, a lot of people have told me to lie. Not from anyone in this comm but enough people over that time that I worry a lot of people really do think it's in their best interests to lie about their relationship with US citizens, or their reasons for entering on the waiver program. DON'T. It's absolutely vitally important you do not jeopardize a future visa application or life in the US by lying to customs officers. You can and will be denied entry into the US and, in a worse case scenario, could be deported and banned from re-entry.

I knew it might look suspicious how much I am bouncing about this summer, particularly with my application imminent, and so I was not entirely surprised to be stopped (even if having men with guns around me kind of freaked me out; I'm not used to that). I really feel like if I had made a habit of lying during my previous trips, it would have come to bite me in the ass. So, to any new people, always be honest.

Hopefully, my visa application will go smoothly, and I'll next be posting about that process. :)
Current Mood: relievedrelieved

AMERICA/CANADA May. 19th, 2008 @ 04:08 pm
Anyone else American and Canadian and going thru this process - - -

I would love to hear from people who have completed the process or are in it - - -

I am Canadian - he is American (see two or three posts below for full story on us)

We want to stay in Canada - we have been married a year and are jsut filing forms now....

I've heard it is easier to come to Canada - which is good cuz I'd rather be here, however, any insight would be appreciated
Other entries
» Already Wed over a year and....
Name (or LJ Username): maliciousmandy
Bride/Groom/Other: Wife
Partner's name: JD
Age: Me-27 He-22
What coun He-try are you from: Canada
What country is your partner from: USA
Who's going where (immigration wise): Him Here
Anticipated Wedding Date: May 2007 we were married.
Anything you want to tell us about your visa status or type: We're just starting to fill out forms now. I know - we waited a long time....
What's your story?
We met thru mutual friends and dated only three months before getting hitched. We were married in BC Canada and he moved up here immediately, albeit as a "visitor" - We still cross the border once a month to "appear" as though he lives in Seattle still. We are finally filling out the forms (the costs, time, preparations are insane) and fear that once we file we can't cross regularily, I won't make enough by their standards to "Support him" (although I have been for onver a year now - they just don't realize it, and also worried about how long it will take to process it all.

Any thoughts, suggestions, questions, comments are welcome!
» (No Subject)
Name (or LJ Username): iluvhistory
Bride/Groom/Other: Bride-to-be
Partner's name: sherjakt_flawke
Age: 18
What country are you from: USA
What country is your partner from: Canada, originally Hungary.
Who's going where (immigration wise): He's moving here summer of 2009.
Anticipated Wedding Date: July 2008.
Anything you want to tell us about your visa status or type: We're just starting to fill out forms now. I filled out the I-129F today.
What's your story?
We met through working together on the same website and are compatible in every way. We laugh at all the same jokes and felt instantly like best of friends as well as being in love. We wouldn't be trying to get married so soon if it weren't for the fact that we want to be able to live together by Summer of 2009. We don't have any friends who have immigrated from Canada to the US via marriage and are both quite frightened by all the red tape.
» status adjusted.. almost.
We had our interview for adjustment of status yesterday. All things considered, it went pretty well. At first, we imagined we'd be grilled with questions like the ones listed on visajourney.com, but turned out that aside from the basic personal questions at the beginning of the interview (to confirm we were who we said we were), we didn't have to elaborate much. The interviewer did ask if we have a joint bank account, and we're like, 'no, but here's a copy of our lease agreement, and our cell phone bill, and our car insurance..' He also asked if we had a reception for our wedding, then we immediately went, 'yes, it was at the site of the ceremony, held right after it, btw here are some pictures of us from the wedding with 30 people in the background, plus more pictures from every trip we had after that, plus some more from Christmas break..'

At the end of it, he pretty much said that everything's in order, except for a vaccination form that a doctor in my home country filled out for my K-1 visa application. Turned out that the doctor I went to missed a section. If it's not for our interviewer who showed us my form, I'd never know.

OK, here's the thing.. You can't just go to any physician for a medical exam, right? Whoever you go to had to be appointed by the embassy/CIS. In my case, among the 4 or 5 on the embassy's list, the one I went to was the only one that fit my schedule at the time. Anyway, she worked in an up-scale international hospital, and it cost me a fortune just to have the general check up there. So, it really pissed me off when I found out that she couldn't even do her job properly. And now I have to pay, literally, for her mistake? Jeez.

But aside from that, it seems like the only thing stopping me from getting my status adjusted is only something technical. So I can't complain much, really. They gave me a list of physicians in the area that I can go to and have that form evaluated. The worst case scenario is that the doctor decides that I have to get another vaccination, which means more money. But what can you do.

I guess my advice to anyone who still have to go through a medical exam is to please remind your physician to be thorough when filling out the forms. I know you're not suppose to know what's inside and the results are sent directly to the embassy/immigration office. But it's also a pain when you thought you had everything in line just to find out that someone messed up and now you have to spend extra time and money to fix things up. :/
» (No Subject)
I'm writing, asking a question, for someone who doesn't have a livejournal account with an immigration issue/question. She's my father-in-law's fiance from Louisiana. They met online, and she came to the uk to finally see him. She was only supposed to be here for three weeks, but it has mutated into four months. She's still here, but leaving shortly, because an immigration advisor advised her to leave before six months. That's how long you get to visit on a waivers visa, isn't it?


Once she has her fiance visa, which she is applying for when she returns to the states, is there a time limit between visits, or can she come back whenever she wants? Like once she gets the visa, will she have to wait a certain amount of time before returning to the uk? Surely, having your visa would be like "shut up rules I've got a stamp" wouldn't it?
» intro!
Name (or LJ Username): Christina
Bride/Groom/Other: Bride
Partner's name: Ricky
Age: 21
What country are you from: USA
What country is your partner from: Canada
Who's going where (immigration wise): I am moving to Canada
Anticipated Wedding Date: March 14, 2009
Anything you want to tell us about your visa status or type: We are doing the spousal sponsership
What's your story? We met online in a chatroom, we started talking almost everyday and at the time we were both in relationships and gave each other relationship advice alot haha....eventually the relationships ended, we became like best friends and started realizing we had feelings for each other...3 yrs later were engaged and planning a wedding.
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