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  • Need advice in situation.

    Hi there. I am new to this discussion group but I require some advice on stuff I am a bit wooly on.

    I am a UK citizen got married in the US April 2001. It was a spur of the moment thing:- I was 21, she was 18, we were very much in love and wanted to commit to this. Unfortunately we didn't know a lot about the immigration laws and I returned to the Uk shortly afterwards, intent on building up some cash, tying up some loose ends, and then heading back over.

    We weren't naive about the possible complexities, but my spouse was in the Armed Services and she got lots of legal advice from the base. She has been over to the Uk twice since we were married, but I have never been able to go over to the US, as I understand that there are complications if I try to do that while my status is pending.

    I have 3 questions:-

    1/ Is this normal? Do people often have to spend years estranged from their partners while forms process? Surely this in itself must put unnecessary strain on a fledgling relationship.

    2/ I have heard that there is new legislation that allows an immigrant spouse to move to the US while their application is pending. Is this correct and if so how does one go about the correct procedure and due process?

    3/ I have been informed that the INS require you to change status after 2 years of marriage. Do I still need to 'change status' even though my first application is still pending and, as far as I am aware, I have not yet been granted any form of status yet?



    Any help would be greatly appreciated.


    neil

  • #2
    Hi there. I am new to this discussion group but I require some advice on stuff I am a bit wooly on.

    I am a UK citizen got married in the US April 2001. It was a spur of the moment thing:- I was 21, she was 18, we were very much in love and wanted to commit to this. Unfortunately we didn't know a lot about the immigration laws and I returned to the Uk shortly afterwards, intent on building up some cash, tying up some loose ends, and then heading back over.

    We weren't naive about the possible complexities, but my spouse was in the Armed Services and she got lots of legal advice from the base. She has been over to the Uk twice since we were married, but I have never been able to go over to the US, as I understand that there are complications if I try to do that while my status is pending.

    I have 3 questions:-

    1/ Is this normal? Do people often have to spend years estranged from their partners while forms process? Surely this in itself must put unnecessary strain on a fledgling relationship.

    2/ I have heard that there is new legislation that allows an immigrant spouse to move to the US while their application is pending. Is this correct and if so how does one go about the correct procedure and due process?

    3/ I have been informed that the INS require you to change status after 2 years of marriage. Do I still need to 'change status' even though my first application is still pending and, as far as I am aware, I have not yet been granted any form of status yet?



    Any help would be greatly appreciated.


    neil

    Comment


    • #3
      Hi, Everything with the INS is difficult. There is supposed to be a new method that you can use (similar to that mentioned in your second comment, which should speed things up (at least in the sense of being together), but may or may not be a possibility if you have already started processing your paperwork.

      You should consult a lawyer regarding the best way to go about this, however before you (or your wife) makes an appointment with a lawyer, make sure that they are up to date on the new visa.

      Good Luck!!

      Comment


      • #4
        1/ Is this normal? Do people often have to spend years estranged from their partners while forms process? Surely this in itself must put unnecessary strain on a fledgling relationship.
        ANS: Before Yes , NOW .No , There is a provision to get your spouse on K1 Visa. If the petition is filed, spouse is allowed to work also.

        2/ I have heard that there is new legislation that allows an immigrant spouse to move to the US while their application is pending. Is this correct and if so how does one go about the correct procedure and due process?
        ANS: See above AND, Your USC spouse file the petition I-130 for you with the appropriate fees.
        after the proof of filling he/she can apply for K/non immigrant Visa at chicago center, which will be valid for two years.

        3/ I have been informed that the INS require you to change status after 2 years of marriage. Do I still need to 'change status' even though my first application is still pending and, as far as I am aware, I have not yet been granted any form of status yet?
        Two year bar is, limit impose by law to prove that marriage is bonafide, Status can still be adjusted within the time but it will be conditional.
        NO, First application is the starting point to adjust the status. I-130 must be approved and visa number should be immediatley available for AOS.
        See Lawyers to fill the appropriate forms. I-130 is for Visa petition which requires the evidences to prove the bonafide merriage.
        I-485 Form is for AOS whith G-325 form. check the web site WWW.INS.GOV and read filling instructions and check if you need any supplements.

        Comment

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