Which visa for this situation?

[BritishGuy36 0]

Hi all,

I am a newbie so please be gentle.

This visa thing is a bit of a nightmare and very involved. I have read a lot of info on the web and I think I have a general overview but would like someone to "sanity check" my understanding of it, if anyone would be so kind.

My situation is as follows:

My wife is a US citizen. I am a UK citizen. We got married in the US seven years ago and she moved to the UK the week after we got married. We have both lived together here ever since. We are now contemplating moving back to the USA. She still holds a US passport and has indefinite leave to remain in the UK.

As I understand it, my wife has to file an I-130 to start the ball rolling.

Obviously at the point of entering into the US neither of us will have jobs. We don't have much in savings, however, we have plenty of equity in our current house here in the UK, enough to satisy the "3 times 125% of the poverty line figure" rule for the 48 contiguous US states as described here.

Questions:

1) As I understand it I can't use the K-3 visa method as the US citizen filing the I-130 resides outside the US. Is this correct?

2) In the absence of any relatives who would be able to file an affidavit of support, would the I-130 petition be likely to be successful -

2a) before selling our house (if we could prove the amount of equity, in dollars)

2b) only after selling our house (in other words our capital would be "liquid")

3) Are there any other options open to me?

4) Any other general advice?

Thanks for reading.

Edited December 26, 2007 by BritishGuy36

[jeje 0]

Hi all,

I am a newbie so please be gentle.

This visa thing is a bit of a nightmare and very involved. I have read a lot of info on the web and I think I have a general overview but would like someone to "sanity check" my understanding of it, if anyone would be so kind.

My situation is as follows:

My wife is a US citizen. I am a UK citizen. We got married in the US seven years ago and she moved to the UK the week after we got married. We have both lived together here ever since. We are now contemplating moving back to the USA. She still holds a US passport and has indefinite leave to remain in the UK.

As I understand it, my wife has to file an I-130 to start the ball rolling.

Obviously at the point of entering into the US neither of us will have jobs. We don't have much in savings, however, we have plenty of equity in our current house here in the UK, enough to satisy the "3 times 125% of the poverty line figure" rule for the 48 contiguous US states as described

here.

the best option for u is to file direct filling consulate, wish is faster, but i guess u still need co-sponsor, i guess someone will put more insigth to ur Q

Questions:

1) As I understand it I can't use the K-3 visa method as the US citizen filing the I-130 resides outside the US. Is this correct?

2) In the absence of any relatives who would be able to file an affidavit of support, would the I-130 petition be likely to be successful -

2a) before selling our house (if we could prove the amount of equity, in dollars)

2b) only after selling our house (in other words our capital would be "liquid")

3) Are there any other options open to me?

4) Any other general advice?

Thanks for reading.

[Lansbury 19]

Your wife completes the I-130 and sends it to the US Embassy in London as you qualify to file there.

When that is approved you will file for a IR-1 visa which will mean you get your 10 year unconditional green card about 2 - 3 weeks after you enter the US on your visa.

As to your house have it valued by an estate agent and get it in writing. Get a mortgage statement from your building society and these two documents prove the equity in your house. You will not need these documents until you apply for your visa.

We were in a similar position last year. Sent the I-130 off in June that was approved September. Sent in the visa application and had that by November.

Providing there equity in your house is above the amount required no problems at all.

As I say we did it last year so only too pleased to answer and questions you might have.

If you don't want to post them in public send me a personal message on here.

The I-130 phase takes around 10 - 13 weeks. All depends on the time of year, might be quicker and shouldn't be much longer. When the I-130 is approved they send the visa application and instructions and you can expect that to take 2 - 3 months. It is a straight forward process unfortunately the waiting takes the toll as you normally don't know exactly how long the wait between each stage will be.

My timeline is tacked on the end of my posting and it is pretty typical so you will get an idea from that.

Edited December 26, 2007 by Lansbury

[BritishGuy36 0]

Hey that's super bud. PM on its way.....

[Delicia 1]

As mentioned by previous poster, go the Direct Consular Filing route. It is the fastest way available.

[pushbrk 12,882]

Yes, DCF for an IR1 visa. Assets should work if at least one of you is readily employable. I would think you'd want to sell your house soon unless you don't plan to sell but I don't know that it would be absolutely necessary. You'll need to deal with the US domicile issue but for the UK, the mere intent of establishing US domicile seems to do the trick.

[BritishGuy36 0]

Yeah we intend to go for DCF.

I have professional qualifications in IT and 10 years experience as an IT field engineer in networking. An ex-colleague who emmigrated to the USA tells me that this would be viewed roughly equavelent to a degree in computing.

My wife grew up in the family home which is still the address her parents live at, and would be the initial address we would go back to, as we would live with them for a time at first. I would hope that should satisfy any domicile requirements.

We would definitely sell the house to give us capital to start things off in the US.

Thanks all for your contributions, any other advice welcomed.

Edited December 27, 2007 by BritishGuy36

[BritishGuy36 0]

Ok I know this doesn't relate directly to my visa application but does anyone know how long I would be able to drive on my UK drivers license in the state of Ohio without having to take the test?

Also what's the story with getting the license. Do you need to have an SSN before you can take the test (they put this on your ID card) or can you take it pretty much as soon as you enter the country - will they issue you a license immediately? Also at what point are you allocated an SSN?

Edited December 27, 2007 by BritishGuy36

[Lansbury 19]

Ok I know this doesn't relate directly to my visa application but does anyone know how long I would be able to drive on my UK drivers license in the state of Ohio without having to take the test?

Also what's the story with getting the license. Do you need to have an SSN before you can take the test (they put this on your ID card) or can you take it pretty much as soon as you enter the country - will they issue you a license immediately? Also at what point are you allocated an SSN?

There is a box to check on the visa application form which asks for a SSN to be allocated once you enter the US. It takes about 2 - 3 weeks after you enter to receive the SS Card. The system isn't foolproof and sometimes the SSN doesn't get allocated. If you haven't received it after the 3 weeks go into a SS office to check.

Leave others you might something about Ohio DMV yo answer that part.

[Delicia 1]

Use this link to get the state's Dept of Motor Vehicles. In most, if not all cases, you will have to have a SSN before you can have a driver's license. They are trying to prevent the illegals from driving around and/or getting state ID cards. Also, you might want to check into international driver's licenses that you could obtain prior to leaving the U.K. That might tide you over until you can get your stateside license.

[Lansbury 19]

Also, you might want to check into international driver's licenses that you could obtain prior to leaving the U.K. That might tide you over until you can get your stateside license.

There is no such thing as an international drivers licence. I used to be a police officer for years and this myth has been perpetuated for just as long.

What these documents are the AA in the UK call it an International Drivers Permit is a translation of your drivers licence into another language. The permit contains a number of the more common languages and it helps an officer understand your proper licence. These permits are only valid if your proper licence is produced at the same time.

For UK nationals coming to live in the US they are worthless documents as the UK licence is printed in English and can be read over here. For someone coming from country whose driving licences are not printed in English then the international permit is worthwhile.

Edited December 28, 2007 by Lansbury

[Delicia 1]

I was reading here about IDPs. I didn't want to do the man's research. No need to be hostile.

And, according to this site, international driver's licenses do exist, although the term license and permit seem to be used interchangeably.

Foreign Visitors Driving in the U.S.

Quick facts for foreign visitors about driving in the United States

1. An international driver's license must be obtained from your home country. This permit only verifies that you hold a valid license in your home country. It is your foreign driver's license that allows you to drive in the United States. Contact the authorities in your home country to get an international driving permit, as the United States does NOT issue international driver's licenses to foreign visitors.

2. If you obtain a valid international driver's license from your country of origin before you come to the U.S., you may rent a car and drive before you get your U.S. driver's license.

3. A U.S. driver's license is not a federal document, but it's a permit issued by one of the 50 states' motor vehicle departments. If you're going to reside in the U.S., it may take several months to obtain a U.S. driver's license.

4. Foreign visitors who become U.S. residents can only obtain a driver's license from the state in which they reside. Each state has its own driving rules and regulations. Check with your state's motor vehicles department to find out how to apply.

5. Once you receive your U.S. driver's license from a state motor vehicles department, you will be permitted to drive in all other U.S. states. The laws in each state vary from one to another. It is your responsibility to know and obey the laws of that state while driving.

6. The residency requirement for obtaining a U.S. driver's license varies with each state. Consult the motor vehicles department in your state for more information.

7. If you are a foreign student coming to the U.S. to study, contact the university or college you will attend, as most institutions provide students with driving information and most have websites.

8. The U.S. government has issued warnings about Internet vendors of worthless international driver's licenses. It is important to educate yourself about the dangers of these costly and illegal operations. Here are two resources:

Edited December 28, 2007 by Delicia

[Esperando enohio 0]

My husband just got his permanent residency visa and arrived to live with me in Ohio. We took him to get his learner's permit and they didn't require a Social Security number. I don't know about foreign driver licenses because my husband didn't have one.

As far as I know you can take the actual driver's test without a SSN. The Bureau of Motor Vehicles is required to verify legal presence in the U.S. so they'll ask to see your visa but again, my husband registered for his permit and took the written test without being asked for a SSN.

Ok I know this doesn't relate directly to my visa application but does anyone know how long I would be able to drive on my UK drivers license in the state of Ohio without having to take the test?

Also what's the story with getting the license. Do you need to have an SSN before you can take the test (they put this on your ID card) or can you take it pretty much as soon as you enter the country - will they issue you a license immediately? Also at what point are you allocated an SSN?

[Donna A 4]

i am also in ohio and my husband needed his work auth. before he could get his social security card. he needed his social security card for getting his drivers liscence. we were able to go to the social security office and get a copy of what his number was going to be when the card came. they just gave us a printout and we took it to the dept of motor vehicles and he was able to get his liscence.

he also did bring a international drivers liscence with him. they do exist. he was even pulled over and the police told him they were not legal here. the first page of it says they can be used in the united states. trust me...police dont know as much as they think they do. he just showed the police where it said it can be used in the united states so what else could he do...it was in black and white.

im not sure but i think u can drive a year on ur license from ur country.

[Lansbury 19]

I was reading here about IDPs. I didn't want to do the man's research. No need to be hostile.

And, according to this site, international driver's licenses do exist, although the term license and permit seem to be used interchangeably.

I wasn't being hostile I was pointing out a commonly held misconception about a document often called a licence when it isn't.

It isn't a driving licence it is a document which translates the official driving licence held by the person.

Present it to a police officer on its own and they will not accept it as it isn't a legal document issued by a licensing authority, they will ask you for your national driving licence. In the UK you buy a "International Driving Permit" from the AA. The 1st page has the details from your official licence numbered 1 - to whatever. The subsequent pages, each in different language, also having the same numbers alongside which is an explanation of what that information is.

So if I'm in say Mexico I give my official driving licence to a police officer and the permit and he can understand my UK licence and know if I'm permited to drive or not. It is often a requirement where your licence is printed in a different language then that used in the country you wish to drive in, that your official driving licence is only valid if you also carry an international permit.

The OP is from the UK and a UK licence is accepted in the US as is without the permit.

Your suggestion that the OP could meet his requirements with an international drivers licence was incorrect and I said so and explained why. If you choose to see that as being hostile so be it.