I feel over whelmed and worried...

[tonyeck 0]

Hey there. I have been lurking for a few days looking for a few answers, but I wonder if you guys could help me or point me in the right direction at least!

So, my background... I am a UK citizen and student at University and spent from April 05 to September 06 on a J1 visa in the states working at a graphic design frim in Northern Virginia. Whilst there I met the girl of my dreams (way back in june 05).

She is currently studying with me in the UK as she is doing her second year at degree level, while I finish my final year and graduate in July 07.

We obviously want to stay together after I graduate, but she has to go back to the states to continue her studies in Virginia.

I am looking for my best option to return with her. I have had 2 job offers and are both willing to sponsor me (yet I don't really think they know what they are getting themselves into!). I was under the impression H1 visas are very difficult to get ahold of, and you need to be sorting that out right now. I don't think I can until I have my degree in hand, right?

Ideally, we want to get married. I am going to be 24 when I graduate, and she will be 21, going on 22. We obviously wont have any income because we are full time students. Her mother and would sponsor us financially, plus I have jobs waiting...? Does this help?

Help! I am so confused at what is the best solution. I am really dreading having to leave my loved one and I know most of you have had to do this at some point. It breaks my heart. All we want is to be together!

I would really appreciate any feedback or advice.

Thanks for reading

[MPGGPM 0]

Hey there. I have been lurking for a few days looking for a few answers, but I wonder if you guys could help me or point me in the right direction at least!

So, my background... I am a UK citizen and student at University and spent from April 05 to September 06 on a J1 visa in the states working at a graphic design frim in Northern Virginia. Whilst there I met the girl of my dreams (way back in june 05).

She is currently studying with me in the UK as she is doing her second year at degree level, while I finish my final year and graduate in July 07.

We obviously want to stay together after I graduate, but she has to go back to the states to continue her studies in Virginia.

I am looking for my best option to return with her. I have had 2 job offers and are both willing to sponsor me (yet I don't really think they know what they are getting themselves into!). I was under the impression H1 visas are very difficult to get ahold of, and you need to be sorting that out right now. I don't think I can until I have my degree in hand, right?

Ideally, we want to get married. I am going to be 24 when I graduate, and she will be 21, going on 22. We obviously wont have any income because we are full time students. Her mother and would sponsor us financially, plus I have jobs waiting...? Does this help?

Help! I am so confused at what is the best solution. I am really dreading having to leave my loved one and I know most of you have had to do this at some point. It breaks my heart. All we want is to be together!

I would really appreciate any feedback or advice.

Thanks for reading

First you have to make sure you can even get an H1 visa for one thing. If you went to the USA on a j1, you might be subject to the 2 year HRR and have to either get a waiver for that rule, or serve 2 years in your home country before you can be eligible for any type of immigrant visa. (or the H-1). I assume you've looked into that, but just thought I'd bring it up.

One thing you should be careful about is that you are planning on marrying and immigrating to the USA. But since you want to have a job, as well as not be separated, you first intend to try for an H-1.

It's just not really the way things are done, and is technically illegal........because you are definately planning to marry a US citizen. (if you have definate plans to marry, you're supposed to apply for an immigrant visa, not work visa).

I'd be careful about the way you are planning on doing things, because it might affect your future AOS case.

[tonyeck 0]

First you have to make sure you can even get an H1 visa for one thing. If you went to the USA on a j1, you might be subject to the 2 year HRR and have to either get a waiver for that rule, or serve 2 years in your home country before you can be eligible for any type of immigrant visa. (or the H-1). I assume you've looked into that, but just thought I'd bring it up.

One thing you should be careful about is that you are planning on marrying and immigrating to the USA. But since you want to have a job, as well as not be separated, you first intend to try for an H-1.

It's just not really the way things are done, and is technically illegal........because you are definately planning to marry a US citizen. (if you have definate plans to marry, you're supposed to apply for an immigrant visa, not work visa).

I'd be careful about the way you are planning on doing things, because it might affect your future AOS case.

I am not subject to the 2 year HRR rule, so thats ok. I may have got my wording mixed up, but let me try and re-phrase.

I want to marry my fiance. Thats the visa I want.

The reason I brought up the H1 visa was just incase we were not eligable, as I would have just graduated with a degree (thus having no income currently) and she is still at university. Both our parents are willing to sponsor us...

Does that clear things up a little? Sorry, I am just a little nervous. We have lived together for 15 months, and by the time she goes back to America it will be 2 years. It will be incredibly hard to let go

[Caladan 19]

Your income, as the beneficiary, isn't taken into account for the K-1 fiancé visa; they'll look at hers and whomever she convinces to co-sponsor. So don't worry about being a newly minted uni grad.

You can check the timelines to see how long it will take a K-1 to process through the UK. Once you're here and get the paperwork in, you'll be authorized to work (roughly 4-6 months after the wedding.)

[tonyeck 0]

Your income, as the beneficiary, isn't taken into account for the K-1 fiancé visa; they'll look at hers and whomever she convinces to co-sponsor. So don't worry about being a newly minted uni grad.

You can check the timelines to see how long it will take a K-1 to process through the UK. Once you're here and get the paperwork in, you'll be authorized to work (roughly 4-6 months after the wedding.)

What if she does not have any income because of a student? The co sponsor will have plenty however...

So I cannot work for that amount of time? Thats interesting.... For some reason I was under the impression you can start work even under a K-1 visa? hmmmn Maybe I was wrong!

[MPGGPM 0]

First you have to make sure you can even get an H1 visa for one thing. If you went to the USA on a j1, you might be subject to the 2 year HRR and have to either get a waiver for that rule, or serve 2 years in your home country before you can be eligible for any type of immigrant visa. (or the H-1). I assume you've looked into that, but just thought I'd bring it up.

One thing you should be careful about is that you are planning on marrying and immigrating to the USA. But since you want to have a job, as well as not be separated, you first intend to try for an H-1.

It's just not really the way things are done, and is technically illegal........because you are definately planning to marry a US citizen. (if you have definate plans to marry, you're supposed to apply for an immigrant visa, not work visa).

I'd be careful about the way you are planning on doing things, because it might affect your future AOS case.

I am not subject to the 2 year HRR rule, so thats ok. I may have got my wording mixed up, but let me try and re-phrase.

I want to marry my fiance. Thats the visa I want.

The reason I brought up the H1 visa was just incase we were not eligable, as I would have just graduated with a degree (thus having no income currently) and she is still at university. Both our parents are willing to sponsor us...

Does that clear things up a little? Sorry, I am just a little nervous. We have lived together for 15 months, and by the time she goes back to America it will be 2 years. It will be incredibly hard to let go

You're not subject to the 2 year rule....and that's the main thing. You're very fortunate in that case. It's a tough rule.

I would think that if both parents are willing to sponsor you financially, (plus...by that time you'd have a degree, so it's not like you wouldn't have some bright future prospects), I'd think you would be okay.

I know being separated for a while is tough.(when you apply for a k-1)...but that's our damn government at work. I wish there was another way too. A lot of us are going through it.

Good luck.

[tonyeck 0]

You're not subject to the 2 year rule....and that's the main thing. You're very fortunate in that case. It's a tough rule.

I would think that if both parents are willing to sponsor you financially, (plus...by that time you'd have a degree, so it's not like you wouldn't have some bright future prospects), I'd think you would be okay.

I know being separated for a while is tough.(when you apply for a k-1)...but that's our damn government at work. I wish there was another way too. A lot of us are going through it.

Good luck.

Yeah, on my DS 2019 I have the box checked for "not subject for to the two year residence requirement." I assume this was because I earnt a wage there and was not financed by government funds.

Its such a shame to have to go through separation. Its going to be very tough.

I appreciate your help

[Mew 0]

Your income, as the beneficiary, isn't taken into account for the K-1 fiancé visa; they'll look at hers and whomever she convinces to co-sponsor. So don't worry about being a newly minted uni grad.

You can check the timelines to see how long it will take a K-1 to process through the UK. Once you're here and get the paperwork in, you'll be authorized to work (roughly 4-6 months after the wedding.)

The beneficiary's income can come into play if they look into self-sponsoring. Also, sponsors must be USCs or LPRs.

So I cannot work for that amount of time? Thats interesting.... For some reason I was under the impression you can start work even under a K-1 visa? hmmmn Maybe I was wrong!

About work / K-1, see: http://www.visajourney.com/forums/index.ph...page=k1k3ead#k1

Edited October 10, 2006 by Mew

[Caladan 19]

Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

[Mew 0]

Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

From what I've read, UK is okay about it.

See: http://www.visajourney.com/forums/index.php?showtopic=9573

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

[tonyeck 0]

Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

From what I've read, UK is okay about it.

See: http://www.visajourney.com/forums/index.php?showtopic=9573

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

Thanks for your help guys! very much appreciated.

Is there anything stopping us getting the ball started while she is in the UK with me on her UK student visa? Come August next summer, we want to be able to get married in as smoot a process as possible!

Does someone physcially need to be state side to start this?

[Yodrak 7]

Caladan,

Of course it is. What's not universal is foreign fiance(e)s (and spouses in the case of K3) being independently wealthy by US standards.

Yodrak

Good point about the self-sponsoring. (Don't think it's allowed universally, though.)

tonyeck,

RTFM - section 12.

Yodrak

....

Does someone physcially need to be state side to start this?

[TucsonBill 0]

Since you included alot of personal info, I am going to comment on the personal side of things and say "don't rush into a marriage situation just so that you can continue to be together". The time apart may well do you both good, especially at your ages.

If you are both really in love, and the timing just isn't right for a marriage, why not just wait? There is an old saying that 'absence makes the heart grow fonder' - I don't necessarily agree with that, becuase absence can also help determine if ones heart is true, IMHO.

I've made misakes. I scewed up part of my life, and so when I see posts like this I'm going to comment whether it is 'solicited' or not. I'd hate to see anyone else make the same mistakes I've made.

Bill

[CarolineM 0]

So you are getting married next summer?

If you do a k-1 visa (fiance visa...) you will have time to come into the country....and then once you are IN the country - 90 days to get married.

SO...even if you start NOW...let's say it takes 5-8 months...at the earlest you're in March, latest (assuming all is well) June or so. That's TOTALLY guestimation on my part...but the point is, if you're planning on getting married next summer you'll need to start soon.

That is, of course, unless you're going a different route, get married and then file..and that's a different discussion

[tonyeck 0]

Since you included alot of personal info, I am going to comment on the personal side of things and say "don't rush into a marriage situation just so that you can continue to be together". The time apart may well do you both good, especially at your ages.

If you are both really in love, and the timing just isn't right for a marriage, why not just wait? There is an old saying that 'absence makes the heart grow fonder' - I don't necessarily agree with that, becuase absence can also help determine if ones heart is true, IMHO.

I've made misakes. I scewed up part of my life, and so when I see posts like this I'm going to comment whether it is 'solicited' or not. I'd hate to see anyone else make the same mistakes I've made.

Bill

Bill,

I really appreciate your comments, and I'd be saying the same thing when reading my comments! We both truely feel at this time that its what we both really want. After graduating, I have ideas I want to set up (working with clients around the world) and we both want to be part of that while being family. We honestly wouldn't be rushing marriage just to stay together, we are just both eager to be starting/continuing our lives together. We don't really want to delay that. Having spent 2 years together living together, we would rather continue that than have to be apart while we wait on something we know we both want. I hope this doesn't come off as a Rant, I am just trying to explain a little...

I do completely understand that this comes off as "young love" doesn't really know what they are doing. But I can't really describe it, but if you knew us as a couple it would be easier to understand.

Thanks for voicing your concerns Bill.