Total Confusion regards relocation to the USA

[Midge&Evie]

Hello everyone, :)

first let me say that I've been watching the forum for a week or so and there seems to be some excellent information and helpful people here. We came across the site in 'The Sun' newspaper and immediately came and had a look.

Our situation doesn't seem to be too complex, but obtaining information, at least from the UK end is very difficult. Luckily Evie is currently in the US and the people at USCIS have been much more forthcoming.

I'm posting our details here in case anyone has any ideas, tips or feedback which we might find useful, and to sort of introduce ourselves.

I work in the live music industry (as a Production Manager) and in that capacity have been touring in the US with international British artists for about 20 years now. Some 8 years ago I met my now wife at a show in San Diego and after a long distance relationship which went on for some years we got married in San Demas Ca. I immediately disappeared off on tour again, and at the end of that tour met Evie at Heathrow as she moved to the UK permanently. I can't recall the exact details, but I don't remember having any problems either getting her into the UK or getting permission for her to work here.

Recently both my parents passed on, and that leaves me with few ties to the UK, whilst Evie has an extended family (including two fully grown children) in the Arcadia area of California. She was also getting increasingly home-sick.

Anyhow, we have been married for 4 years now, and so we decided it was time to move to California. Evie went on ahead last month and is back in her previous job, being something important ion the educational sector (office manager to be precise). I have had a lot of interest from US companies in my field, and when I finally get there I have several people who wish to meet up with me regarding employment.

I’m in the UK packing up, and will be shipping all our stuff over to her in March. The plan being for me to then go on and join her, but of course this is where it gets sticky. We were originally going to file the I-30 and G-325a at the US embassy in London. However as Evie had already got a job offer and would be in the US this seemed like it was against the rules. Also the projected time scale for the Embassy to action the paperwork was in excess of 6 months. So Evie has sent the same forms off to USCIS in Ca only to have them returned as the payee on the cheque was wrong. It now appears that we could have filed at the Embassy in the UK (despite large notices saying that we needed to file wherever Evie was), but would still face the delay. So Evie now wants to file in the US and have me fly in under the VWP, but there seems to be an excess of other forms we also need to provide: I 45, I 765 (work visa), I 864, I 693, and I 131. The other issue being that I’m not even there yet!

What we are actually going to do is file the I-30 and G-253a in California. We also want to file for the work visa, as clearly sitting kicking my heels for some 3 months isn’t very helpful, especially as we have to come up with the money for all these other forms. We are hoping that this will be okay, so that at least one of the potential 3 months has passed before I land at LAX and I can start work.

If anyone has any thoughts on this, or information we haven’t seen, we would be very grateful for any and all advice received. It just seems that it is SO difficult to sort out the US paperwork, and that when Evie came to the UK we had none of these problems. I don’t seem to be able to call the Embassy in London for advice, and doing it from this end is really slow and painful.

I look forward to any helpful information any of you might have. Pease feel free to post to the thread, or contact us directly through our e-mail.

For those of you who have moved to the warmer parts of the US from the UK, looking out of my window it is snowing heavily, and as usual the country has ground to a halt due to the weather. This will either make you miss it, or be grateful you’re not dealing with it, but personally I reckon it’s great!

Thanks in advance, Midge and Evie.

[McSporran]

Hi Midge & Evie,
Sorry I'm not able to offer advice as this isnt something I've come across, but I wanted to wish you all the very best, I'm sure there will be many offers of advice from our fellow members though - so don't worry.

[Susie]

Hi and a warm :welcome: to expats voice

So glad you found our site and yes the immigration system is just so confusing.

I will leave this for Vip to answer and in the meantime I will try and read up on the subject

My son is married to a USC and living in the USA, my son is British and has a green card.

I do know that my daughter in law cannot just turn up in the UK with my son and needs a visa to enter the UK.

In the same token I do not think you can just jump on a plane and live in the USA

I am worried about you coming in on the vwp as this is a non immigrant visa and you have immigrant intent , which is visa fraud, (I think)

If you were coming to the US to marry a USC then you should have got a fiance visa.

This is just my opinion for now, and may change my mind when I read up but

I think you have to file I 130 at American Embassy in London and wait till you get approval

[Midge&Evie]

Thanks to McSporran and Suzie for your replies.

This is where the confusion comes in. Because Evie is now in the US we can't file the I-130 in London. The web-site says that if she's not living in England they won't action it (it's out of their area). It is USCIS who have told her to file both the I-130 and the G325a in California, and have me come under the Visa waiver programme. here's exactly what they said:
"You (That's Midge - the UK husband) come here as a visitor (under Visa Waiver program as you always do when you come out here to visit), we submit what they call the Adjustment packet which is the I 130, G235a's, I 45 ($395.00), I 765 work visa ($180.00), I 864, I 693, and I 131 ($170.00). The work visa gets processed first and gets processed within 60-90 days"
So obviously that would be cool.
I know Evie needed some type of visa to come permenantly to the UK, but it was all really quick and easy. She did this nearly 4 years ago, and I can't remember the ins and outs, but it wasn't difficult and happened very quickly. Certainly she was able to work (quite legally) within weeks of arriving.
At the moment, and acting upon the USCIS advice the plan is for her to file, me catch her up and work it out from there. We DEFINITELY don't want to commit any type of fraud, and won't say or write anything which isn't true. Better to wait a little than blow it forever!
Oh goodness, what a tangled web they weave.
Any more thoughts or info, we'd love to hear from you.
All I want is a hug from my wife, and to start our 'new life'.
Cheers!
from snowy Leicester.

[peter gold]

Assuming your wife is a USC then she files in the country of her residence, now the US an alien relative petition, with the bibliographic forms, after you have legally entered the US. The only way you can legally enter is under the visa waiver program, and tell the POE the true purpose of the visit i.e. joing the wife and when you are here, she will file your papers. EAD can only be done when you are here.
Welcome to the USA

[Midge&Evie]

Thanks Peter,
that's exactly what the USCIS told Evie on the phone. For clarification Evie is a USC (born and bred) and is at this moment residing and working in California. She is going ahead and filing the Bio information (G-325a) and the I-130 while she waits for me to ship everything.
As I mentioned in a previous post we really don't want to mess this up, as I understand the immigration people will block future applications if we get this one wrong.
Personally I have somewhere in the reigon of 25 seperate and different visa's which have been obtained over the course of the last 20 years by different bands who use my services in the US. None of them are relevant as they are all expired, and related only to specfic tours for specific artists. They were issued mainly in London, but I also have visas which were issued in Japan and Latin America (where the tour was before we went to the US) and include H-1B, P-1 & 02. I only mention this as clearly I wouldn't have been issued with those visas if I did not qualify for any reason (I have no criminal record, and am not seen in any way as an 'undesirable').
You have exactly concurred with the information from USCIS, but still it is really comforting to get some sort of corroboration, especially as the information was obtained over the phone, and I don't have a piece of paper to point to at the POE saying that this is the right thing.
Now all I have to do is find a home for all these electronic and electrical items which won't work on the mad US power system.
BTW, anyone want to buy an M.G.?
:)
Thanks again, and as always if anyone else has more information, whether it be to agree or point out pitfalls, we are all ears.....

[peter gold]

Where is Glendora in California??
I also suggest you have in your hand luggage proof of your marriage, wifes presence in the US and copies of any docs she has filed for you
Bon Voyage

[DEE F]

Hi Midge and Evie and a very warm :welcome: from me as well, dont understand the USC and visa bit in your particular case,but reading your posts it seems that you can come here on VWP and do all your paperwork then, not a lawyer though so it is not written in stone that I am right(before someone shouts at me lol)maybe you could go and see a good immigration lawyer in UK and get them to advise you, but hey hope everything goes according to plan for you and your wife and you get to be reunited very soon , let us all know how you get on, wish I could be more helpful, but when you do get here any tickets to your rock concerts erm I will make myself available ha ha;) just become a new grandma you see and i am only 21 lol, anyway take care and the very best of luck to you both,take care.:)

Love Dee xx

[Midge&Evie]

Hello again Peter.
Yes Glendora is in California, just outside L.A. Evie is working in Arcadia, and we are hoping to settle in the Pasadena/Arcadia area as this is where Evie grew up and where all her friends are based.
Good idea about the papers though. I will make sure I have our marraige license and anything else vaugely relevant with me when I reach the USA.
Currently she is staying with her friend at the house where we had the reception after we were married.
One thing I have noticed over the years is generally how helpful and generous the peoples of the United States are. Our friend has said we can stay with her indefinitely, although obviously we want to find our own place and get settled as soon as possible. Thankfully there is a big garage (car-port) with nothing in for all the stuff we ship 'cos we don't want to clog up her house with Ercol.
:)
On a completely different subject (probably should be a new thread really) Evie loves bonfire night, so if we can get enough people together who know what it is, we have talked about setting up some sort of community display on the 5th Nov. But let's get settled first......

[v2002]

It is USCIS who have told her to file both the I-130 and the G325a in California, and have me come under the Visa waiver programme. here's exactly what they said:
"You (That's Midge - the UK husband) come here as a visitor (under Visa Waiver program as you always do when you come out here to visit), we submit what they call the Adjustment packet which is the I 130, G235a's, I 45 ($395.00), I 765 work visa ($180.00), I 864, I 693, and I 131 ($170.00). The work visa gets processed first and gets processed within 60-90 days"
So obviously that would be cool.....
Hi Midge :welcome: to forum.
I am sorry I did not see your posts before, after going through your situation everything looks fine except that you were not guided properly on filing your papers or may be you misunderstood something let me clarify that for you.
(("You (That's Midge - the UK husband) come here as a visitor (under Visa Waiver program as you always do when you come out here to visit),)) This part is misleading, YOU MUST COME UNDER VISITOR VISA that is correct but VISITOR VISA is B1 or B2 NOT VWP. Please note under no circumstances can you change status with VWP (all you can do with that is to sign your papers and submit, than after 90 days you must go back and wait for the processing), YOU WILL HAVE TO WAIT AT LONDON TO GET IN HERE that will take several years.
Therefore you must get B visa and come here. Once you are in USA your wife should file the papers for adjustment of status for you, if she files the papers she will have to add one more FORM that is called. Application to adjust status Form I-539 that allows you to stay back and get your papers processed here in USA ...and all others you know about...... I-130. G235a's, I -485, I -765, I 864, I -693, and I -131 & other Normal papers
When you get the visa make sure to take it as a group visa with your BAND, that way you do not have to explain anything about your marriage or intention to stay back. If you do not wish to do so, ask for visit visa to see your wife, if immigration officer asks your duration of stay you can say about two to three months do NOT mention about filing your papers, you will just visit for a while / play band and come back as you have many commitments back home (LONDON).
As per the laws The spouse needs to get CP if he/she is out of USA at the time of filing but if you are already here YOU CAN GET Conditional GC for two years with EAD card in about 3 months and than after two years you and your wife will be required to go for interview to get conditions removed and you will get GC. You will be able to apply for CIT after 3 years including the conditional GC period.
My advice to you is don’t let your wife start GC process till you get in here on visit visa... you may use one of your contacts to invite you to play band too or visit your wife's family. By the way the new FEE will be more than what you mentioned above to file your papers check on USCIS.GOV site... also make sure you file before the new fee will be effective as its very high.
Things you must have are...
Your birth certificates.
Your marriage registration papers.
Your marriage photographs.
Some Photographs(about 12)
If you have kids and want them to be part of your application you will need their B certificates / photographs/ and all other related papers too.You can file for them along with you if they are under 21.
Your immunization records if you have one If not talk to the docter who will do MED for you he will give you a waiver on that part.
Proofs of joint accounts/ joint policy if any etc.
Utility bills on joint name in London will be helpful too.
Any property papers you may have together anywhere will help.
I would Recomend to hire a immigration lawer as the paperwork is really too much to handle ... Hire someone good with fix payment or HR, payment I can give you names of some VERY good immigration lawers who are very known and relaible in such cases. PM me if you need help.
Hope this helps
Good Luck

[v2002]

Hi and a warm :welcome: to expats voice
I am worried about you coming in on the vwp as this is a non immigrant visa and you have immigrant intent , which is visa fraud, (I think)
wait till you get approval
Sue you are right on ....
""I am worried about you coming in on the vwp as this is a non immigrant visa and you have immigrant intent , ""
Its not going to be termed as FRAUD as there is no fraud involved someone just misguided him,
Two things can happen on his visit -
He can certainly come here on VWP visa BUT will have to GO BACK and wait as you said in london for papers to be processed.There is a STRONG possibility that he wont be allowed in by POE --the moment he tells he is here for immigration.
If he does not declare his intent (on immigration) to stay back He can come in on VWP BUT CANNOT CHANGE STATUS while on VWP.
Rest I have explained But I must admit SUE you are getting the hang of all the visa TANGO :D

[Midge&Evie]

Hi all, and thanks so much for your input so far.

I think there are a couple of things I need to clarify because I'm not sure that I've expressed myself too well up to now:

I'm a Brit, my wife - Evie - is a USC born and bred. She has two children from a previous marriage, both over the age of majority (so not dependant) and are both born USC, and reside permanently in the US (no-one from that side is 'naturalised', they are American by birth).

I have lots of expired visas from when I toured, the last expired in 2005, and I am not due to do any work in the US this year so no visas will be issued via my work in 2007 (and although this could always change it is very unlikely).

Since our wedding we have resided as a married couple in the UK where Evie has lived with me and worked.

We will have been married for exactly 4 years on March 1st this year.

Evie has again spoken to the USCIS today, and this is what they have said:

"Ok, this USCIS rep (ID: ***** - I edited that bit out in case it’s viewed as sensitive by anyone in authority, we have the ID) says the way she reads it is that as long as you come into the US legally (in your case the Visa Waiver Program) you could apply with the adjustment package which initially would only involve the I 130, the G235a's and the I 485 (which is for adjustment of status from Visitor Waiver to permanent resident). Then we would be asked to submit the rest of the forms/applications.

She says there's a bit that says you can not apply to change your status to like if you suddenly wanted to be a student. But, she thinks we have extenuating circumstances because of being married that that would not apply to us. So, that gave me reassurance. She went on to researched it more to make sure there wasn't any other info that did not support it, but could not get any clear indication either way."

We are working on a budget, using the sale of our UK belongings (household goods - fridge, washing machine etc - which are not being shipped and the car mainly). Apart from my suitcase and carry-on luggage there's going to be practically nothing here after the 7th March as that's when the men in overalls come to pack and ship all our stuff to L.A. (7-9 weeks transit, about £2,500.00 for 500 cubic feet in case anyone wonders). Any spare is our 'start up' money for things like transportation and housing - we can't stay with friends forever and the downpayment even to rent is scary.

Evie is in work in the US, I have contacts and interviews lined up, but obviously not until I have the correct visas. We kinda need it to be self funding after I am a). allowed in to the US on a permanent visa, and b). I have obtained the correct permissions to work. Evie can support me until then, but I need to get a job so I can pay for all the other visas to allow me to take up (initially) permanent residence, and (later) apply for citizenship. There is no rush for citizenship, but permanent residence and the ability to work are somewhat paramount.

I haven't seen her since before Christmas and it's driving us both crazy!

So the question boils down to:

How long is it likely to take before I can go see her.
If we need the services of an immigration lawyer, what sort of outlay are we looking at?

If it's a simple as paying for an hour of someone’s time to make sure we get this right first time, that's doable, but we would want to minimise costs by filing ourselves. If I need to get a Visitors Visa from the US embassy in London, that's seems like it will take ages, and frankly we are a bit worried about me even going to visit (with every intention of coming back to the UK before moving permanently) as I don't want to mess up at LAX and get bumped - possibly then queering the pitch for a later permanent move.

Finally, How come this has become so gosh darn complicated?

We are just about as confused now as we were when I started this thread!!!!

Thanks again to all who have posted. V2002, I may well take you up on your kind offer and PM you later.

Evie hasn't subscribed to the forum, but she is lurking and will sign up soon (won't you honey?), but has mailed me and said:

"Just had a quick look at the expat site and read most of the postings and happy to receive good advise from them" So a big thanks from both of us!

[v2002]

Hi Midge&Evie
I understood your situation correctly the problem is the following law
"You cannot study or work on the VWP. You can get married to an American citizen, but you can not adjust status to permanent resident (get a green card) after your marriage."
This Clearly indicates that VWP is a big NO NO for you to adjust status as it does not provide provision to do so, the immigration officer is simpling telling you to come on VWP and file the two forms ... which means that YOU WOULD WAIT than in LONDON for your TURN. Please dont do that.... you will be waiting for longer time than if YOU ENTER ON VISITOR VISA ( B visa) and than CHANGE STATUS.

Since your wife just got back in US last Cristmas......there is a slight possibility that US embassy in UK still thinks that you both live in london. take advantage of that ...Simply state you are visiting some friends and wifes relatives in USA ( her kids) Don't mention you are ready to MOVE out of london. I dont see any problem for you to get B visa... If you are asked why you do not take VWP tell them you intend to stay for more than 90 days.
I dont think you will take time to get B visa if thats the thing go to some other nearby US embassy may be in paris.....Germany any place and get visa.
** One more way to get B visa .. ask your wife to visit back UK .... she can come with you and get you B visa from US consulate on simple base ... SHE WANTS you to stay in USA with her kids for about 4 months... Bingo both of you can travel together.You can do this from US consulate in belgium by taking ferry... which would mean you are travelling as couple NO FLAGS RAISED.
On a brighter note You may not be subject to conditional GC as you are already married for last 4 years.. but you never know how USCIS thinks so be prepared but I think you will get EAD card in about 3 months may be in about 45 to 60 days ... and your Gc will come in about under 6 months. So no need to worry about staying unimployed for long.
I would say use an address as your home address in london can be relatives/ friend showing you are living there.
I will get back to you on monday on your other Q by pm as the lawers offices are closed on sat sun....I would like to talk to them before recomending them to you.By the way how they charge is lumpsome for GC papers normally around $5000 but since in your case you are just one person filing it will work out cheaper for you to pay on HR basis which starts at around 150 an hr.But please try to negotiate some lawers agree to payment plans too.
Good luck

[fatbrit]

Hi Midge&Evie
I understood your situation correctly the problem is the following law
"You cannot study or work on the VWP. You can get married to an American citizen, but you can not adjust status to permanent resident (get a green card) after your marriage."

This is erroneous. You may indeed adjust status as the spouse (or parent) of a US citizen from VWP entry while in the US. [However, in the OP's case, it would most probably be illegal since he appears to express preconceived intent to enter on a non-immigrant visa and then apply to adjust status. This would be illegal whether he were to enter on the B1/2, using the VWP or a myriad of other non-immigrant visas.] FYI, entry that would preclude AOS through familial relationship include C/D-1, J where it so specifies, and entry without inspection.


I dont see any problem for you to get B visa... If you are asked why you do not take VWP tell them you intend to stay for more than 90 days.
I see large problems since he will most likely be rejected since there is obvious immigrant intent. Besides which, the B visa gets him no farther forward in his quest.

[Midge&Evie]

An update to our situation....

Evie went down and physically spoke to an immigration oficer in L.A. and it doesn't seem as complex as we first thought. The I-130 and G325a (Bio information) have already been filed in SoCal, and now as she has a receipt she is able to file a K3 application. This apparently means that in about 3 months Midge will get to move to the states to await the outcome of the I-130. In the meantime, after he gets to the US - together they file the adjustment package to get everything else. The work permit application is (if we've understood this correctly) part of the adjustment package and is processed first within 4 -6 weeks. That means that Evie doesn't have to support him for long, and the 3 months for the K3 to come through is just longer than the personal effects shipping will take, so Evie can deal with that and Midge doesn't have to unpack. Perfect :)
Thanks to all for input and information, we will keep you advised.

[fatbrit]

An update to our situation....


If you're not going to have an attorney, you need to do the homework yourself. The best FAQs I've seen are @ http://www.visajourney.com/faq/k1faq.htm, a site dedicated to US marriage-based visas. For your current path, read the K3 sections.