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Immigration Forum / USA Marriage Base / April 2005Use of Spouse Visa
Quick question folks.... I am British and my wife is American. She has been offered and starts a new job in the USA on 1st August. I hope by that time I will have obtained my spouse visa but will not be ready to accompany her to settle permanantly as a I won't have tied up all my affairs here. I would, however, like to accompany her at this time for the purposes of a holiday (2 weeks) after which I will return to the UK to finalize my affairs. Question: is this acceptable? Do I have to enter the USA using a spouse visa for the first time purely for the purposes of establishing residence? Or, can I go on holiday for two weeks, return back to the UK, and re-enter the USA at a later date to settle permanantly? And is there an ultimate time limit for the purposes of establishing residency? Thanks.....Simon. > Quick question folks.... > [quoted text clipped - 15 lines] > > Thanks.....Simon. 4 month time frame for a visa could be a bit interesting... But if you were still waiting for the visa, you could head over, but you should bring evidence that you won't be staying on that visit, and/or fly via dublin as there is pre-clearance there, so not a long flight back if denied. If your DCF, then you would go over and activate the visa and would be all set, a couple weeks and hopefully get the greencard and won't be a problem heading back to blighty to finish up your affairs. > Quick question folks.... > [quoted text clipped - 15 lines] > > Thanks.....Simon. Hi Simon, On this 2-week trip you are planning, you won't have your visa yet. It is perfectly legal to come on a holiday here via the VWP, if that's what you had in mind. You should bring evidence that you will be returning to the UK after 2 weeks. You should, however, be prepared to be refused entry at the POE, if the officer doesn't find your evidence acceptable. As Bob said, if you fly via Dublin, you won't have far to go on return. It's a hit and miss whether you'll be allowed in for the holiday or not. If you are allowed in, then you'll return to the UK after 2 weeks and wait for the rest of the process over in the UK. Eventually you'll attend your interview and receive your visa (I'm assuming a CR-1...or is it a K-3?). After that, you can come to the USA and remain here. You have 6 months to use the visa. Best Wishes, Rene > Quick question folks.... > [quoted text clipped - 15 lines] > > Thanks.....Simon. While others are saying you won't have your visa by August 1, I would first have to ask you a question. "How are you planning on obtaining that visa" Will you be doing direct consular filing at the US Consulate in London? If so, does your wife have the proper leave to return in the UK that will allow the US Consulate to process the visa there without making you go through CIS channels in the US? If so, then you will most definitely have your visa by that time. It should not take more than 3 months of obtain. If you have it then you can activate when your wife returns to the US and leave after your holiday and return to the UK to sort out your affairs. That is not unusual and quite permissible. If you are forced to go through CIS channels in the states first, then follow the advice and bring proof of your ties to the UK so that there is no question in the examiner's mind at the POE that you will not use the VWP inappropriately and remain to adjust status while in the US. Rete  SignatureI'm not an attorney. This disclaimer is valid in NYS! > While others are saying you won't have your visa by August 1, I would > first have to ask you a question. "How are you planning on obtaining [quoted text clipped - 17 lines] > > Rete My apologies. I should have made it clear that I am half way through the application process in the UK (sent back Pack 3 to London) so should receive an interview sometime within the next 8 weeks or so. It's a CR-1 visa. Simon. > My apologies. I should have made it clear that I am half way through > the application process in the UK (sent back Pack 3 to London) so > should receive an interview sometime within the next 8 weeks or so. > It's a CR-1 visa. > > Simon. ...and all I need to know is if I can use this visa - for the first time - simply to have a summer holiday for 2 weeks as my wife settles into her new job. Naturally, I will have return air tickets. Simon. > ....and all I need to know is if I can use this visa - for the first > time - simply to have a summer holiday for 2 weeks as my wife settles > into her new job. Naturally, I will have return air tickets. Simon. Hi Simon, The answer to that question, simply, is "yes, you can". :) Rene > ....and all I need to know is if I can use this visa - for the first > time - simply to have a summer holiday for 2 weeks as my wife settles > into her new job. Naturally, I will have return air tickets. Simon. Hi: Done all the time. However, look into possible tax implications if you are selling an appreciated home or other real property. Although, since spouse is a US citizen, it might not make any difference. I'm not up on the ins and outs of US tax law -- my OWN return gives me headache and I happen to use a CPA ["chartered accountant" to UK types] SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization |
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