Help with visa = My Daughter wants to move to Michigan !

Help with visa = My Daughter wants to move to Michigan !

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Discussion

mad4amanda

Original Poster:

2,410 posts

163 months

Monday 19th January 2015
quotequote all
Hi all my 20 yr old daughter has decided she wants to move to Michigan to be with her boyfriend ( they get engaged when she goes out at the end of the month I think!) They met on Holiday last year , have been skpeing every day and she has spent 2 weeks there at thanksgiving . She plans to go for 3 months at the end of the month and file her visa application while she is there .
Ideally she would like to stay there, get married and seek employment .
I have spoken to both her partner (24) and his mother, who is very supportive both seam genuine and very good people.

Any advice as to dos and donts and the process would be welcome. She has worked in the UK as a nursery nurse and has qualifications in this NVQs which may or may not be recognised in the US?
We were wondering if she would be better to go to study US qualifications and have a student visa for a while?

Matt Harper

6,613 posts

200 months

Monday 19th January 2015
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A year ago, this strategy would have been classed as visa fraud, but relaxation in the rules governing use of the visa waiver program apparently allow it now.

I think that if she goes ahead with what you describe, she would have to remain in the US until the adjustment of status (to conditional permanent resident) and issuance of EAD is complete - i.e. leaving during that process (5-8 months, I believe) would constitute abandonment of the case.

I'm pretty weak on marriage based immigration - I would encourage you to direct questions to the members of the USA boards at www.britishexpats.com
There is a lot of collective knowledge gathered there.

I suspect her UK qualifications will be pretty meaningless here. Studying on a student visa can be eye-wateringly expensive (Google 'out of state tuition fees').

kilty2

226 posts

170 months

Monday 19th January 2015
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I did something similar back in 1998. I had been working in the US (on an L1 visa) and met my (now) wife. I was transferred back to the UK - but continued my distance relationship. In the end we decided to get married and I would move to the States (where I now reside). In order to make sure there would be no upsets we employed the services of an immigration attorney.

His advice (back in 1998) was to get engaged and use a K2 visa. The K2 is a fiancée visa - it allows you to enter the country, upon which you have 90 days to get married. He implied that if I entered the country on a visa waiver and then got married - it might go badly for us.

In any case he applied for the K2. I had to visit the US embassy in London for biometrics and an interview, and I also required an examination and X-rays from a Doctor approved by the embassy.

As part of this process, my girlfriend and I had to provide him with as much supporting evidence of our relationship as possible (just like the Green Card film).

I came back to the States, we got married 3 days after I arrived and then the Attorney applied for a work permit for me. As Matt states above, I was now in CPR status, the attorney then applied for my 'green card' to make me a permanent resident. Again, as Matt said, you can't leave the country until this process is complete (again lots of supporting evidence of our finances, relationship etc. was required). In fact you can leave the country, but you have to apply for "Advance Parole" - This is a hassle (and more money) however I did it (can't remember the reason now).

I am at work right now (Chicago - so 6 hrs. behind the UK) I still have all the documentation filed away somewhere that I could dig out. From memory the Attorneys fees were @$1800 for the K2 and EAD application. The LPR application was probably another $1500. The attorney also came with me to all the interviews at immigration in the US.

I have heard of lots of people doing all the paperwork themselves, but all I can say is that I am glad we used an attorney. wink


Edited by kilty2 on Monday 19th January 16:54

kilty2

226 posts

170 months

Monday 19th January 2015
quotequote all
To add some more info, it was important to us that I be able to work as soon as possible. We got married at the end of August, and my EAD came through in November.

pasogrande

375 posts

256 months

Monday 19th January 2015
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Some immigration rules have been relaxed. My view of the announcement:


unrepentant

21,212 posts

255 months

Tuesday 20th January 2015
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I came in on a K visa and got married a month later. We were advised then (2010) by our lawyer not to go down the path of entering on the waiver, getting married and then applying for the visa. But as Matt says they may have relaxed the rules recently.

Matt Harper

6,613 posts

200 months

Tuesday 20th January 2015
quotequote all
Don't take my word for it - but I did read this recently, pulled from a reliable (my immigration attorney's bulletin) source in my opinion...

A couple may get married in the US after the foreign national spouse has entered on the visa waiver and may adjust here without the necessity of departing within 90 days or fearing removal. The same for parents of adult US citizens. Within approximately 90 days after filing for adjustment, the foreign national spouse or parent will be granted employment authorization and advance parole, BUT may not work or depart the US until securing the advance parole/EAD that allows travel and employment authorization. Although the immigration process still needs to be well planned, this change in USCIS policy makes planning for and transitioning a spouse or parent’s life in the US much easier.

At risk of being judgmental - a 20 year old kid who's spent the grand total of 3 or 4 weeks in the physical company of their betrothed has trouble written all over it - where is the affidavit of support coming from?

Does the OP's daughter truly appreciate what she might be letting herself in for?

jez30

4 posts

110 months

Saturday 24th January 2015
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visajourney.com is your friend.

GavinPearson

5,715 posts

250 months

Saturday 31st January 2015
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Where abouts in Michigan? Zip code would be ideal to give a good answer.

Polarbert

17,923 posts

230 months

Tuesday 7th July 2015
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jez30 said:
visajourney.com is your friend.
That website is the gold mine for things like this.

I entered on a K2 and did everything myself. Still probably cost me about £2,000 all said and done. Even with no solicitor fees. The US Embassy in London is a joke. Nearly lost my passport a week before I was due to fly and had no knowledge of where it was or when it would be released to me. Ended up hiring a car and driving down the day before my flight to pick up my passport in person.