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Topic: Wading through the Process  (Read 1388 times)

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Wading through the Process
« on: April 02, 2006, 11:51:01 AM »
My husband and I are looking to move back to the US.  He is currently looking for work, but doesn't yet have a visa.  We're hoping he gets a job and this helps to get a visa over!

If not, I am SO confused as to where to start - I-130, or something else????...

We have been married nearly 5 months.  I am pregnant with our first child and we really would like to move as soon as my husband finds work.  I'm just worried that even if he gets a job, the company might not want to sponsor him.

I've been digging through websites and getting very discombobulated by it all.  Can anyone shed some light on this topic?


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Re: Wading through the Process
« Reply #1 on: April 02, 2006, 11:53:33 AM »
Take a look at www.visajourney.com to get an idea of the options that are available to you.  Since you have been married for less than two years, direct consular filing isn't going to be an option for you-I believe you will have to apply for a K-3 spousal visa.  It's not difficult, but you do need to keep in mind that the UK citizen won't be able to work until they successfuly recieve their EAD and SS#.  This usually happens a few months after you move to the States. 

We went through the K-1 process and are very familiar with the ins-and-outs of US Immigration now.


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Re: Wading through the Process
« Reply #2 on: April 02, 2006, 11:59:10 AM »
We are currently living in the UK and don't have a residence in the US.  Will this be a problem?  If we needed to, we could always live with my parents for a bit.

I'll look at the site you suggested - thanks!

After you were approved for the K-1, how long did it take your husband to get the EAD and ss number?


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Re: Wading through the Process
« Reply #3 on: April 02, 2006, 12:07:49 PM »
Check the guides at the top of the page on VisaJourney.  It's basically a flowchart on what to do and when to do it.  The guides also have HOW to do it, too.

A lack of residence isn't a problem as long as you can put his parents down on the forms AND they are willing to co-sponsor.  To co-sponsor for a K visa, the person in question must make 125% of the poverty level for thaty household size, e.g. if the household was your parents and the two of you, you have a household size of four.  You will need a co-sponsor to get the visa if you as the US citizen don't have a US based job or ginormous savings account, anyway.

You can get a temporary EAD (good for 90 days) stamped in as long as you come through JFK airport, then it's just the matter of getting the social security card, which takes 5 to upwards of ten weeks.  If he's in the system when you go to apply, you'll be on the short end of that time frame.  If he isn't, then it will have to be manually verified and that takes some time.  We waited ten weeks for manual verification and there was no sign.

The temporary EAD is almost useless...it's good for 90 days only and will in all likelihood expire before he gets his SS#.  If that happens when he has a job he has to stop working until the EAD is issued or you successfully adjust status (get the green card).

If you don't come through JFK, then you have to apply for the EAD.  That can take a few months or longer, but I don't know too much about that because in our case it wasn't necessary. 

US immigration is a very BIG maze to naviage through!


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Re: Wading through the Process
« Reply #4 on: April 02, 2006, 12:18:26 PM »
Thank you for all your help and hope you don't mind all of the questions! 

Here's another one:  what's the difference between the K-1 and the I-130 visa?


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Re: Wading through the Process
« Reply #5 on: April 02, 2006, 12:20:13 PM »
I-130 isn't a visa, it's the form you use to file for a spousal visa, whether you're doing direct consular filing or K-3 (spousal).  K-1 is a fiance visa and uses the I-129F to file.


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