We changed our entire plan. Want to move to the US instead - what now?

[closed-20101014 3]

UK citizen here, posting from Florida, got married last week to a US citizen and I'm about to go back to the UK. We got married here despite originally planning to return to the UK and apply for his visa because I didn't want, on principle to give $1100 to the UK government just for permission to marry a foreigner on british ground. I believe in civil freedoms and in the UK this is one of those that you just don't have.

I was going to go back to the UK, start the visa process which is largely concerned with proof of income - concrete proof I barely have as a bulk of my income is from self employment and I've already been told my visa could be denied based on this. He doesn't have a job and is about to recommence uni, he has 2 years left. The UK spousal visa disallows co-sponsors of any kind, and the income bracket you need to be in is considerably above the 125% of the lowest income bracket seemingly accepted by the USA. Some days I work 12 hours non stop to prove this income has been maintained over the period of time they'll look at.

His mother has for the entirety of my stay been trying to persuade me to come here and saying she will sponsor us. I expect she's frightened he'll leave forever, he's just spent 6 months with me on a tourist visa. As it stands we wouldn't need her help as I have a lot of customers in the USA and can transfer my work here, but of course the promise of help would be needed.

It was very easy to change my mind. I'm miserable in the UK and have been desperately unhappy there for years. In fact I've already lived 4 years abroad.

Only thing keeping us on that plan was seemingly the UK visa was easier to get and we are sick of being apart. Plus of course I had proof of support and he had none.

The problem is, I've been married before and my ex moved abroad with me, I've already had a visa before as a dependant of a legal immigrant. I left that relationship because he became convinced I was only with him for the visa. The irony is a lot of people are going to disbelieve me despite the fact that if I were that way inclined, I would not have left such a relationship.

I'm fairly terrified I won't be believed if we do the US visa.

What's the best way to go about this? Is the process still hugely long for the US visa?

[canadian_wife 1,829]

The process is approx. 6 - 10 months (on average). The US citizen begins by filing the I-130 with USCIS. Once approved, it will go to the National Visa Center then off to your consulate in London where you will be interviewed.

I suggest you get on the I-130 as soon as possible and you return to the UK as outlined in your tourist visa (especially since you mention working there).

Good luck, welcome to VJ

[closed-20101014 3]

The process is approx. 6 - 10 months (on average). The US citizen begins by filing the I-130 with USCIS. Once approved, it will go to the National Visa Center then off to your consulate in London where you will be interviewed.

I suggest you get on the I-130 as soon as possible and you return to the UK as outlined in your tourist visa (especially since you mention working there).

Good luck, welcome to VJ

Hi,

Thanks for your reply.

As it stands I may as well apply, as I would have had to wait til April to apply for the UK one anyway as they'll want my tax return. It would have taken at least a month to deal with the paperwork of filing a self-employed tax return, having it sorted out by notarised solicitor etc.

I've basically decided it's too much stress, US visa at least looks easier to file even if it takes longer to sort out and they'll be far more lenient with income it seems. His family are easily above the requirements. The UK one needs you to prove you won't qualify for any social security benefits (most people in the UK DO qualify for some small supplement at least!) and it's been a huge slog for me. At least I'll have savings to bring here as a result of that huge slog and living on bare minimum expenditure for a year.

Can I use savings as proof of means of support, to bolster the claim?

Will my previous marriage be a problem, does anyone know? I don't want to be accused of doing this as a habit.

I have a contract at (salaried) work and a rent agreement til July to worry about now. All entered into to support a UK spousal visa claim.

[SunDrop 59]

The problem is, I've been married before and my ex moved abroad with me, I've already had a visa before as a dependant of a legal immigrant. I left that relationship because he became convinced I was only with him for the visa. The irony is a lot of people are going to disbelieve me despite the fact that if I were that way inclined, I would not have left such a relationship.

I'm fairly terrified I won't be believed if we do the US visa.

You aren't very clear about where you moved country-wise and what type of visa you were on? We can't really advise you properly without more information.

Thanks,

[closed-20101014 3]

You aren't very clear about where you moved country-wise and what type of visa you were on? We can't really advise you properly without more information.

Thanks,

I moved to Japan. It was a joint plan with my ex and a big dream of ours (so I thought.) As I didn't have a degree I can't legally work there, but got permission to work 28 hours p/w maximum on a dependancy visa. So even though it says dependancy visa, I was working.

The trouble is, even though this was entered into legitimately, in the last 18 months of my life there my ex got very paranoid and convinced I loved Japan more than him. I offered to go back to the UK but he wouldn't because he *said* he loved it there too and adored his job. Very weird situation. My ex eventually said he wanted an open relationship, got himself a UK girlfriend. I left him over this and constant, constant arguments over Japan that had worn me down. He left for the UK to be with his girlfriend.

I'd only JUST renewed my visa before we broke up. I'd been scared. Didn't know what to do. I got a 3 year renewal, my US fiance visited while I was on it and my husband had moved out, I then stayed another 6 months on that visa and left Japan. I left even though I wanted to stay, I'd looked into getting a student visa but wouldn't have been able to bring my fiance to live wityh me on it. It probably looks VERY iffy. My husband has since divorced me for "irresponsible behaviour." I basically let him have his own way, there was no other way short of a huge fight and I don't have a lot of fight in me. It says on his actual divorce petition, not the actual final papers that "I want to divorce my wife, she'd rather stay in Japan than stay with me and I wanted to leave Japan" - our new partners are also mentioned. This divorce was in Dec 2008. If they ask for the reason for the divorce as furthur request for evidence, I'm stuffed, right?

I know my situation looks very dodgy and it has certainly met with a lot of opposition on advice forums before. I was mentally broken down by my ex, the constant badgering made me lose all regard for him. I got together with my fiance very quickly after the breakup. He'd been a friend and support to me for a year. I've been told to leave him my lots of people online, them saying it's a rebound and it is hopeless. Please don't judge me too harshly. The truth is I have never felt this way about anyone before. It has been 3 years and a long battle so far. I basically gave up Japan, my dream because I have a better one now. He has lived with me in the UK for 6 months already. His family have accepted me completely. Now how do I convince immigration?

[closed-20101014 3]

Also if you get married in the USA with no intention of change of status, then you leave and apply for a visa from outside the USA, that's OK right? We weren't intending to go the fiance route because we thought we were going back to the UK. It's been hard to gauge the right decisions here.

I did not tell immigration at the airport that I was getting married. We thought I was just going to leave for good.

[closed-20101014 3]

I was on this visa before:

"Spouses of foreigners, who are currently staying in Japan under a status of residence permitting work, can apply for a dependent visa. Residence permission is granted in periods of between three months and three years and is extendable.

Dependents are not allowed to engage in any paid activities, unless they get permission from the immigration office. Even then, dependents may work only a set maximum number of hours per week. "

With 28 hours p/w permitted employment.

Will it affect the US visa application?

[Rebecca Jo 1,962]

You're going to have to give some government somewhere some money for the two of you to live together.

UKBA has recently added a provision to allow for third-party sponsorship. UKBA will also accept assets as a means to underwrite the visa.

If you seriously study both processes, I doubt you'll find the US to be 'easier'. Both processes have hurdles which must be jumped. No offense meant but at this point you don't enough knowledge of the process for immigration to the UK (for a USC) to compare it to your potential immigration to the US.

[Rebecca Jo 1,962]

Your visa to Japan will have no impact on a visa to the United States.

You will need to report that you lived there and obtain a police report from that country.

You'll also need to show the US government your divorce decree from your ex.

Edited February 12, 2010 by JohnnyQuest

[Krikit 1,165]

The other country visa has no bearing on your US visa.

Since you are already in the US you can stay and apply to adjust status. See the AOS From Work, Student, & Tourist Visas.

You can also apply for the CR-1 Spousal visa. You're best to read The Guides in order to determine which route is best for you.

I am moving your thread from the CR-1 Process forum to the General Immigration Discussion.

Welcome to VJ.

[*Snowdrop* 604]

Just to confirm for other people who might be thinking about marrying in the UK v the US - it doesn't cost $1100 to simply get married on UK soil. It costs about $100 for a marriage visit visa. This visa is valid for 6 months and allows a foreign national to arrive and marry a UK citizen and leave. My husband and I used this so that we could have our wedding in England even though we were planning to live in the US.

The $1100 visa is for the marriage and settlement visa package - which allows either a fiance or spouse of a settled UK citizen to come to the UK and live/work there. At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK. (And I think that fee is very favorably compared to the cost of US immigration)

To the OP - I was looking for the information on the UK gov website about level of income needed by the sponsor as at some point in the future we would like to move to the UK but couldn't find any figures on it - do you have a link?

Edited February 12, 2010 by lsma

[closed-20101014 3]

You're going to have to give some government somewhere some money for the two of you to live together.

UKBA has recently added a provision to allow for third-party sponsorship. UKBA will also accept assets as a means to underwrite the visa.

If you seriously study both processes, I doubt you'll find the US to be 'easier'. Both processes have hurdles which must be jumped. No offense meant but at this point you don't enough knowledge of the process for immigration to the UK (for a USC) to compare it to your potential immigration to the US.

I didn't know about the recent change to allow third party sponsorship. What I can assure you of however is we've been studying options for years. I've stayed in a job in the UK for a year before even considering applying. Those lacking a degree and much history in the country can't hope for the "109 UKP p/w left after all taxes, rent payments, bills" that immigration need you to prove unless they can find some decent self employment. Knowing self employment to not be as reliable proof (we've consulted immigration lawyers) I have basically done both. A salaried job and a self employed business.

When I say it would be easier, I mean it would be a lot easier for me personally to go through the US visa claim with a co-sponsor of high income supporting me than all the proof and work required to show I can sponsor him for the UK. I am mentally and physically exhausted. I'm being taken advantage of too at my job, because my coworkers know I'll cover for them whether it's a day or night shift going free. The amount of income needed to prove you can survive in the US is lower than for the UK, because the amount of potential welfare people can claim is lower. I have no reliable co-sponsors in the UK. My parents are retired and my sister has a baby that they support. We asked them if they would co-sponsor for the fiance visa before. They were reluctant a\nd didn't want to "potentially sign the house away."

So I'd rather stop working 12 hour days. I hope you can see that this is what I meant when I said the US visa "seems easier."

I didn't expect in a million years that my husband's mother would be so willing to help out and so supportive of us, because I'm a divorcee and 12 years his senior, also he took a year out of college gto be with me for a while before we started these proceesses. I did not expect the huge support I've received from his family,. befcause I can't say I'm exactly used to it. I didn't think they'd support this simply based on how happy I obviously make him. That's why I've been working so hard to do things myself, but the fact remains that I've been advised I could be on shaky grounds with the UK visa and i am TERRIFIED of applying for it.

We know we have to pay for the visas, btw. We just didn't want to pay $1100+ to the UK government while we were there for *permission* to marry, when it contravenes human rights. It was a principle thing. Of couse, they have also just changed legislation and waived the charge if you're in the UK already, but only for those on a visa longer than 6 months - impossible for many to get.

It's cost me more than $1100 to fly to the US to be married, trust me. I have strong principles on this matter.

[closed-20101014 3]

Just to confirm for other people who might be thinking about marrying in the UK v the US - it doesn't cost $1100 to simply get married on UK soil. It costs about $100 for a marriage visit visa. This visa is valid for 6 months and allows a foreign national to arrive and marry a UK citizen and leave. My husband and I used this so that we could have our wedding in England even though we were planning to live in the US.

The $1100 visa is for the marriage and settlement visa package - which allows either a fiance or spouse of a settled UK citizen to come to the UK and live/work there. At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK. (And I think that fee is very favorably compared to the cost of US immigration)

To the OP - I was looking for the information on the UK gov website about level of income needed by the sponsor as at some point in the future we would like to move to the UK but couldn't find any figures on it - do you have a link?

Hi,

We didn't consider the lower priced marriage visa because prior to me coming here we planned to live in the UK. We had to pay $1100 roughly (700 UKP) to either do the fiance visa or apply for permission on the 6 month tourist visa. Costs are waived completely if you are on a longer visa, like a student or work visa. Even that is only recent legislation.

The income needed by the sponsor for the UK visa isn't officially listed anywhere but people in the know on the web who have consulted with lawyers generally give a "100-120 UKP p/w figure. This is after rent or mortgage, bills, debt repayments and taxes are paid, in other words it's basically what you have left for food and going out.

You have to show proof of all bills paid with the package. It's hard for me as I'm self employed with a lot of costs relating to business. I'm having to consult an accountant as well as immigration lawyer as to the right things to declare because what HMRC see as a business expense, immigration might disagree with. It's already a nightmare for me and yes I admit,. I'm tired of it.

[*Snowdrop* 604]

Thanks Shirorisu - it's sounds complicated to work out when they don't give you a specific figure - how annoying! Well we won't be moving back for about 4 years and by then who knows what the system will be like.

I think that whichever system you deal with for permanent immigration status is a real pain and frustrating and tiring. We had to spend the whole of the first year of our marriage apart because we were stuck in a backlog at the US immigration service center. And so far the visa fees alone have come to at least $1100 including medical and more if you count all the applying for documents and postage etc.

So for me the US process was much harder and more financially draining, and I would have much rather stayed in the UK and done it that way but our personal family needs meant we needed to be in the US first.

Good luck with whatever you end up doing and I hope it gets easier - either way it will all be worth it in the end - that's what you have to hang on to.

[Rebecca Jo 1,962]

I've been studying these processes for years. Not just the immigrant processes but the emotional, financial and psychological aspects.

At the end of the day I'm a firm believer in couples making a decision on where to live on anything but the processes themselves. Once immigration is done, you are a family with normal lives. I urge couples to decide where to live on where they have their emotional support systems; where they prefer the lifestyle both in terms of culture and social environs; where they will find the most financial success; and where they will be comfortable growing old together.

A determined individual can likely find a way to live with their spouse in either persons country - especially when we are talking Great Britain versus the United States. Both are advanced countries with democratic processes.

My opinion - don't pick where to live on where you think the process will get you together either the quickest or the easist. Live where you will be happy.

Good luck with your decision.