In short, we gave it up. As it is much easier to enter any European
country as a husband of a EU citizen, he is coming to live in Europe
and I am not made to feel like a beggar by BCIS with my spouse as
garantor.
However, I understand from the media that countless number of
immigrants legally acquire permanent residence in the US every year,
so much so that a major issue currently in the news is that many of
these people do not even speak English.
Now here is my question, for any patient reader that might have
followed me so far:
*** how can an immigrant from some third world country, with scanty
knowledge of English and precious little personal fortune, evidently a
common situation, jump successfully thru all BCIS's hoops? Yet they do
it in their thousands***
Sheila
I can't imagine why you would have a problem with this. You're just asking
that he will make sure you don't become a public charge. I think most
spouses would be willing to help out if their other half couldn't work
anyway. My husband (a US citizen, who signed such an affidavit for me) was
actually unemployed for a while, and I supported him. I didn't feel that was
unreasonable.
> - After waiting maybe a year in my home country, I would get married
> in the US but I would not be able to work and would have to wait for
> an unspecified amount of time amounting to several months, again a
> very uncomfortable condition to be in when you're newly wed, unless of
> course you don't need to work to make a living.
What visa are you talking about? A K-1? If you want to be able to work as
soon as you arrive in the US, maybe marry in your home country and get a
K-3? There are various options and most of them don't take as long as you
seem to be implying.
> - I would have to be interviewed at least twice to check on my
> marriage intentions/status and good faith and I would be basically in
> limbo until the last interview after two years, following which after
> an unspecified amount of time, maybe months, I might finally get
> permanent residence (unless of course BCIS would get my fingerprints
> wrong, in which case I would wait maybe a year rather than months)
I was interviewed twice. Once to get permanent residence, then again to
remove the conditions from my card. If your marriage is real, you have
nothing to worry about with the interviews.
No idea where you get the 'limbo' idea from. After your first interview,
you're a permanent resident. You get a green card. It's not limbo.
I never had a problem with my fingerprints. I hadn't heard that as a common
problem.
> - In the mean time, if I understand correctly, I would be wise not to
> travel back to my home country as over-zealous airline or immigration
> officials might not allow me back into the US
When you apply for permanent residence, apply for advance parole at the same
time, then you can travel with no problems, assuming you're not planning on
going back for years at a time. Once you get permanent residence, your green
card will let you in.
> - Also, I would be well advised to spend several thousand dollars to
> have an immigration lawyer assist us in the process.
Unless you have something like a dodgy criminal record, or have been refused
entry to the US before, I see no need for a lawyer. I didn't use one and nor
did any of the other people I know who got permanent residence based on
marriage.
> In short, we gave it up. As it is much easier to enter any European
> country as a husband of a EU citizen, he is coming to live in Europe
> and I am not made to feel like a beggar by BCIS with my spouse as
> garantor.
>
> However, I understand from the media that countless number of
> immigrants legally acquire permanent residence in the US every year,
> so much so that a major issue currently in the news is that many of
> these people do not even speak English.
I don't believe it is a requirement to speak English to become a US
permanent resident. That is only important when you become a US citizen.
> Now here is my question, for any patient reader that might have
> followed me so far:
>
> *** how can an immigrant from some third world country, with scanty
> knowledge of English and precious little personal fortune, evidently a
> common situation, jump successfully thru all BCIS's hoops? Yet they do
> it in their thousands***
I imagine they follow the proper procedures, rather than listening to the
type of bizarre, inaccurate advice you've apparently been receiving.
Immigration based on marriage is not difficult. Maybe filling in all those
forms is too time-consuming for you. For me, it didn't seem to much like
hard work.
Lucy
Firstly, there is no BCIS but there is a USCIS
Secondly, the K-1 fiancee visa is one of the easiest to get if you don't
have a criminal record or any bans from entering the US or any
communicable diseases.
Thirdly, every USC spouse has to complete and affidavit of support for
their spouse or immediate relative. There is no way around it. For the
K-1 it is the I-134 and later for adjustment of status it is the I-864.
The USCIS wants to be sure that if you collect any mean tested benefits
that someone will reimburse the US government for their expenditures.
Fourthly, the wait for an employment authorization document is at most
90 days from date of filing. So you don't work for 90 days. Big deal.
Fifthly, what is this limbo you are talking about? Once you apply for
adjustment after entrance on a K-1 and marriage you are not in limbo for
a pending permanent resident. You can apply for the right to travel and
as long you don't have an overstay of 180 days or more you should be
find with traveling outside of the US for brief periods of time.
Sixthly, there might not be two interviews for adjustment. There is the
consulate interview for the K-1 and the initial and usually only
interview for the adjustment of status in the US. Most people do not
have to interview for removal of conditions if they are adjusted before
their second wedding anniversary.
Seventhly, I would not be so prone to hysterics right now. The US
government has rules and regulations in place for the emigration of
people from all countries into the US. You being the love interest of a
USC have the easiest route of them all to toe.
Eightly, the choice is yours as to where you live. Since you don't like
the USCIS rules and regulations, then don't come here. If you and he
can live in the EU, then go for it. Just remind your husband that as a
USC he has to file US income tax every year on the money he earns
outside of the US.
Have a good life and try a different attitude, you might be surprised
to find it is a pleasanter life than you thought with the one you
currently have.
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
Ninthly, what does speaking or not speaking the English language have to
do with anything. A majority of the immigrants from many countries come
here without English and in fact never learn it and live well. You can
have an interpreter at your interview.
Tenthly, any country worth migrating to has hops to jump through.
Canada does as those the UK, etc. Some are harder, some are easier.
All are expensive.
Eleventhly, if you can read and write English as I hope your fiancee
can, you can do it yourself and save some money. But having an attorney
assist you is a valuable resource and for someone like yourself who is
so quick to get upset, angry and nasty, it would be blessing to have
someone in authority with you to stop you from mouthing off at an
immigration official. Since your husband has dual citizenship, he has
jumped through the hoops already so I'm sure he is not ignorant of what
needs to be done.
Didn't realise there was such a word as pleasanter :p
Nice summation though...man I've gotta been bored to mention
that...anyway, night all :)
--
Posted via http://britishexpats.com
"Rete" <Re...@britishexpats.com> wrote in message
news:34$281466$2024362$11073...@britishexpats.com...
"sheila" <sheil...@yahoo.com> wrote in message
news:a498b9d9.05020...@posting.google.com...
Well put...
Since he's now coming over, why don't you guys apply for an immigrant
visa at your local embassy or consulate? It'll probably take 2-3
months, and once your approved, you have full permanent
resident/green card status as soon as you've passed the border
inspection and entered the USA.
The DCF approach, well it's getting tougher to do out of the UK because
it's so easy to get a spouse visa to get into the UK....would need
proper residence, they ain't to impressed with micky mouse residence
cases just to be able to use the DCF route. And it's the USC that'll
still apply for the visa, still have to deal with the forms, the
consulate won't see anyone until the paperwork is sorted and they give
you an interview date.
Not like other consulates in other countries....there very nice and
quick in london, but they still won't see anybody.
Because they don't whine about it as much as you do.
They are not treating you as if you are there to leech off the country.
They are treating you in a manner meant to reveal IF you are there to
leech off the country. Now, looking at your attitude, spelling and
demeanor, it is not surprising that you might be subject to some extra
scrutiny. I hope you don't write like that in your applications or
correspondence with the USCIS, because that will almost certainly lead
to trouble.
As for you investing a lot of money in a house, what do you expect? You
chose to invest the money before you even knew if you're allowed to stay
here. That's your choice, but do you think the USCIS should be forced to
just rubber-stamp your application because you chose to buy a house?
I can see how well-educated you are. I was "vertually" shocked to find
that even though English is NOT my first language and I AM originally
from a third-world country, I have been spelling the word "vertually"
wrong since High School. Thank you so much Mr/Ms. well-educated,
"better than others" Brit who barely knows how to spell. Now there's
one little "obstical" I have pointed out for you to chew on, i.e READ
SPELLING FOR DUMMIES!!
Hi Sheila
I know EXACTLY how you feel I have been working with a lawyer now since
1999 and spent thousands of dollars only to find that the route he had
suggested I take to obtain a green card did not pan out,so 16500
dollars in the hole I decided to resort to plan B which is to marry my
long time boyfriend who is obviously a Us citizen. I just find it so
frustrating that I have invested the last 18 years of my entire earnings
in a house, furniture, etc and am well educated and have a lot to offer
the community yet we are treated like we are only here to leech off of
the country and for us to live here is made vertually impossible with
all the obsticals that with have to overecome and endure YET there are
so many people here that barely speak the language and are not too
bright or financially well off yet they seem to simply walk through the
immigration door without too much hassle and it seems that the brits
have more trouble than anyone else, whats up with that
--
Posted via http://britishexpats.com
thanks for the spelling lesson Trent, I was not wanting advise on
spelling but thanks anyway. I was not aware that a type O made one a
moron, but now I know.I was unaware that we were in the classroom here
and being judged, I thought this was a place where you could get some
help, MY MISTAKE!
What kind of status did you have here for 18 years? What was the
lawyer's plan?
I didn't have a problem with your spelling, but I am curious as to what
your status was. You mentioned working for 18 years. Was that 18 years
in the U.S?