AOS from england

[danengland 0]

Hi everyone, i have a question that I can't seem to find the answer to....

I am planning to go to california in March and get married to my fiancee. Then we are planning to come to England for 3 months. Can I apply for AOS from England? or does it have to be in the states?

Also, does anyone know if she will need a visa to work/live in England if she will be coming as my wife?

Many thanks

Dan

[mentaleruptions 0]

Dan,

If you plan on entering the USA on a K1 visa and then leaving the country before u file for AOS and AP you will not be allowed back into the USA and you will have to go through the K3 process. Basicly if you leave without AP you are abandoning the petition from what i know although im sure others with give you there advice.

Tom

[rebeccajo 14]

Dan,

If you plan on entering the USA on a K1 visa and then leaving the country before u file for AOS and AP you will not be allowed back into the USA and you will have to go through the K3 process. Basicly if you leave without AP you are abandoning the petition from what i know although im sure others with give you there advice.

Tom

Exactly correct. And your wife can't just hop over to the UK and live there and work either. She needs a UK spousal visa for that.

[Jaylen Brit 0]

correct and to answer your other question, no you can't adjust status from anywhere but the USA.

You are adjusting status from conditional (upon marriage) to PERMANENT resident - if you're not THERE then there's no status to adjust...

[meauxna 15]

correct and to answer your other question, no you can't adjust status from anywhere but the USA.

You are adjusting status from conditional (upon marriage) to PERMANENT resident - if you're not THERE then there's no status to adjust...

Little semantical thingie:

Adjustment of Status is from a *non-immigrant* to an immigrant classification. The term 'conditional resident' could be confused with the 2 year status you hold when you've been married less than 2 years at the time of adjustment.

But OP, your plan makes zero sense! The K-1 visa is for the purpose of coming to the US to marry and immigrate in that visit. If you wanted to come over, marry and return to the UK with your new spouse, you can do that on the VWP, get a spousal visa at the British Consulate in the US and then return to the UK so she can be legal there.

When you want to immigrate to the US after that, you go through a spousal visa process (Immigrant Visa or K-3).

If your return to the UK is supposed to be a short term thing, you *could* file your AOS after marriage and once you receive Advance Parole, you can use that for a short trip outside the US and maintain your application for AOS. I urge you to have a good understanding of that process and the speed of your local office before you leave, though.

[gwenneh 7]

Should be edited to add-you cannot reenter the US to settle without the K-3 visa. In my and Russ's case, where we plan on moving back to the UK permanently before AOS, he will be able to re-enter on a tourist visa provided we're not planning to move back here.

[kc456 0]

Leaving without filing for AOS will be bad planning -- all the work that went into K1 will produce nothing. Why would you want to move back to the UK?

[gwenneh 7]

Numerous reasons, including better jobs for both of us and property which has recently come into our possession-among other various and sundry things.

Yeah, it sucks, because we've got the K-1 and all is well and good, and all the money and time that went into that has been wasted.

[kc456 0]

I see. Well, K-1 filing fees vs nice property -- I'd take the property too.

[danengland 0]

correct and to answer your other question, no you can't adjust status from anywhere but the USA.

You are adjusting status from conditional (upon marriage) to PERMANENT resident - if you're not THERE then there's no status to adjust...

Little semantical thingie:

Adjustment of Status is from a *non-immigrant* to an immigrant classification. The term 'conditional resident' could be confused with the 2 year status you hold when you've been married less than 2 years at the time of adjustment.

But OP, your plan makes zero sense! The K-1 visa is for the purpose of coming to the US to marry and immigrate in that visit. If you wanted to come over, marry and return to the UK with your new spouse, you can do that on the VWP, get a spousal visa at the British Consulate in the US and then return to the UK so she can be legal there.

When you want to immigrate to the US after that, you go through a spousal visa process (Immigrant Visa or K-3).

If your return to the UK is supposed to be a short term thing, you *could* file your AOS after marriage and once you receive Advance Parole, you can use that for a short trip outside the US and maintain your application for AOS. I urge you to have a good understanding of that process and the speed of your local office before you leave, though.

So, if i go through the AOS in America, can I then return to the UK (for 3 months) with my wife and then go back to America to live?

[meauxna 15]

So, if i go through the AOS in America, can I then return to the UK (for 3 months) with my wife and then go back to America to live?

If you comply with the terms of your K1 visa, (come to the US, marry within 90 days) and file for Adjustment of Status including Advance Parole, you are allowed to leave the US for a visit.

If you have any concerns about your plans and making it all work, it's always a good investment of $100-$200 to meet with a lawyer and review all your specific facts.

Note that your wife may face questioning about *her* intent at entry to the UK and can be refused without the proper visa. UK Immigration has entry requirements similar to the US's.