Any lawyers here?

[CannonFan]

hello, ive taken a look around this forum and I really enjoyed reading the threads. this forum seems to be filled with really knowledgeable people.

i was just wondering if there was any lawyers here, and i was hoping to get some advice.

im moving to the states sometime soon, and marrying a us citizen. its my understanding that i have to apply for a work visa after i get married. but in the mean time, its not legal to work. i was wondering if it would be legal to make money on my own, doing things like wedding photography, and other related photography things.

i would ask a lawyer in the states, but money is really tight due to the wedding, etc.

thanks for taking the time to read this.

[NickC]

I am not a lawyer but I just went through the fiancee visa process successfully -- I live in the US and my fiancee is in the UK. You may want to check the USCIS page (http://uscis.gov/graphics/index.htm) to see if it is still legal to move to the country first, then get married, then seek a work permit. My fiancee and I felt it was more to the government's liking if we applied for a visa first, then move her here. Then we get 90 days to marry, upon which she can apply for a visa status change that leads to a permanent resident status which allows her to work. The government is not really big nowadays on people coming here, then getting married to try and stay in the country. The laws were made more strict following the 9/11 attack. Make sure you check all the legalities up front for the least amount of pain. Or, consult an immigration attorney. Do the immigration thing properly, then worry about how to get work. Or you may find they won't let you stay.

If you already have an entry visa, sorry for the long reply, but your message didn't explicitly mention it. And congrats on the marriage!

[CannonFan]

I am not a lawyer but I just went through the fiancee visa process successfully -- I live in the US and my fiancee is in the UK. You may want to check the USCIS page (http://uscis.gov/graphics/index.htm) to see if it is still legal to move to the country first, then get married, then seek a work permit. My fiancee and I felt it was more to the government's liking if we applied for a visa first, then move her here. Then we get 90 days to marry, upon which she can apply for a visa status change that leads to a permanent resident status which allows her to work. The government is not really big nowadays on people coming here, then getting married to try and stay in the country. The laws were made more strict following the 9/11 attack. Make sure you check all the legalities up front for the least amount of pain. Or, consult an immigration attorney. Do the immigration thing properly, then worry about how to get work. Or you may find they won't let you stay.

If you already have an entry visa, sorry for the long reply, but your message didn't explicitly mention it. And congrats on the marriage!

were doing the fiancee visa process now before we get married, i think were half way through it.

so once thats finished, get married, and get the status change to permanent resident, its legal to work then? i thought i would have to apply for a work visa at that point, which could take up to a few months or more.

i just dont want to do anything illegal. but it would be nice to be able to do something those few months before i can work, or what ever it will end up being.

thanks for your post =)

[Redbird_xo]

im moving to the states sometime soon, and marrying a us citizen. its my understanding that i have to apply for a work visa after i get married. but in the mean time, its not legal to work. i was wondering if it would be legal to make money on my own, doing things like wedding photography, and other related photography things.

Not a laywer but know a few things about the topic. You don't need to apply for an visa if you are self-employed (like do photography for a fee) in the U.S. Instead, you ought to think about reporting the income on your self-employed business. Since you are not an incorporated entity, all business activities should go on the Schedule C of your individual tax return (Form 1040). With tax filing, it will help to improve your chance to get a H-1 (work visa) down the road, if you plan to get employment. Just a reminder, please always have a VALID immigration visa while staying in the U.S. to avoid future hassles to explain to the Immigration Department concerning any "out of status" period of your stay. Hope this helps.

Good luck with your upcomig venture.

[NickC]

Once you've gotten married you must file a form to change your status from fiancee/fiance visa to permanent resident. This alone lets you seek employment and you don't need anything else such as a green card.

The USCIS pages are "fun" to get through but I finally found this page that is relevant:

http://uscis.gov/graphics/howdoi/hdifiance.htm

As far as the K-1 visa thing, if you're halfway through it should go smoothly thereafter. When we applied, we heard it would take a year to a year and a half to complete the process. We were done in under a year so maybe the government has less paperwork to do these days (right!). The "exit interview" at the US Consulate is actually a breeze as long as you have all your papers in good shape. Good luck!

[CannonFan]

i thought i was half way through, but im not 6 months into it.

if you dont mind, could you type out the list of things your fiancee has had to do. maybe there are more steps after what im doing that what im aware of.

i know just how fun the government site is, i think all government site designers try to make it near impossible to find stuff.

[Citizensmith]

Took me maybe 3 or 4 months from start to finish. Then of course another year before you can get the green card. The green card doesn't grant you any more rights, its just that the first permit you get only lasts a year. At least that was what it was like 7 years ago. I'm part of a hidden enclave of Brits living up in Sacramento, CA. Waiting to get revenge for that whole 1776 debacle. :)

[CannonFan]

here is what i have so far:

theres a form g-325a that i and my fiancee both do seperately, and then send it with a i-129f. these get shipped off.

then a package came with further instructions.

ds-230 part 1 gets filled out and sent right away.

then there is a checklist of things that needs to be done, passport, photographs, medical examination, birth certificate, evidence in lieu of unobtainable birth certificate, police certificates, court and prison records, military record, divorce and death certificates, evidence of support, documents for accompanying child/children, translations.

then the above checklist gets mailed off along with copies of some documents.

i believe/hope i get the appointment letter from sending in the ds-230 part 1 since its needed for the medical examination, and not after i send in the above checklist, since i cant finish the checklist with out it.

then i fill out the ds-156 twice and complete the supplemental form, and i take these to the visa interview.

then i dont know what follows that. i may have to phone the embassy to see about the letter that im suppose to have for the medical examination, the paperwork sounds like i get it after i do the examination, which doesnt make sense. also the wedding might be before all of this is done, so i dont know if that will complicate things, hopefully it wont.

nick, citizensmith, is this close to what you guys did? is there much after the visa interview?

[NickC]

There's nothing after the visa interview. My fiancee took the medical exam in the morning and then sat around at the embassy waiting for her turn. It was just a few questions and that was it (except for all the money they seem to take from you at every chance). They take your passport and a couple days later you get it back with the visa. Then you have 6 months maximum to move to the US. If you're not already married, you have 90 days to get it done after you arrive.

[CannonFan]

So far the money hasnt been to bad. somewhere around $200 for the first package of forms. then the 2nd form was free as far as i seen, i didnt see any money requests. the medical exam isnt cheap, around $200us and i dont see any money requests for the 3rd package of forms.

is there a fee for the visa interview? if so how much?

thanks for all of your replies, i really do appreciate it. this stuff is really overwhelming, but now that i think were on the right track, it feels better. it would have been nice to go through a laywer, but that was really expensive, 2 or 3 thousand dollars i think.

[Citizensmith]

You'll have more fun forms to fill out when you get here. You'll spend plenty of mornings in line at your local INS office. Then after about a year you have one final interview at the INS to get approved for a green card. It was the only interview that actually felt serious. You'll need wedding photos, vacation photos, bills and any crap in both your names. Just stuff to prove you are living together.

Then, several months after the work permit has expired you get a crappy looking photocopied letter saying you've been approved for your green card. They take a year plus to issue. Oh, and any time you want to leave the US before getting your greencard (prolly about 2 years) you have to go file an application (more time and money) and all your travel details.

Once you've been over here legally 3 years you can get citizenship if you really want to. Not sure its worth the time and money.

I guess this is an obvious statement, but don't even think about lying in the interviews. There is a brit I work with who was very suprised to discover the INS new he'd been to a couple of communist party rallys when he was at uni. I think the various governments communicate a lot better than anyone at our level is aware.

Big brother is watching you, and you'll be handing over every personal detail you have. In triplicate. :)

[CannonFan]

joy, paperwork.

is the application to travel outside the country long? or hard to get permission? there are some weddings i want to go to later this year. and how much does the applications cost?

[Citizensmith]

Paerwork wise it was fairly easy. All it consisted of was download and complete forms, turn up at INS at 5.30am so you get a decent place in line, wait, wait, wait, doors open, wait, wait, get a number, wait, wait, hand in form and passport, wait, wait, wait a bit more, get passport back with stamp in it that lets you travel for a certain amount of time. Can't remember the cost but I don't think it was too much.

I could go for citizenship by now, but it just seems too much of a pain in the neck to be worth it. Lots more paperwork, waiting, and fees. All so you can have two passports. Nah. :)

[timmyquest]

I'm part of a hidden enclave of Brits living up in Sacramento, CA. Waiting to get revenge for that whole 1776 debacle

I'm sure the warm sun has nothing to do with it :-)

[CannonFan]

hopefully there will be a nis near where we will be living then. the wedding will be scheduled after my fiancee gets a job *college student*. the area we move to could be hours from the nearest city.

i really do appreciate all the information, its good to know what to expect.

do you need a good reason to travel outside the country or can it be for any reason? and about how far in advance do you need to get the papers? the week before you go, or half a year in advance?

do you know the form id?

[Citizensmith]

I'm sure the warm sun has nothing to do with it :-)

I was talking to my mum last week. The coversation got to weather and the snow in London, and the 70 degree sunshine on Sacramento. :)

[Citizensmith]

hopefully there will be a nis near where we will be living then. the wedding will be scheduled after my fiancee gets a job *college student*. the area we move to could be hours from the nearest city.

I think there is or was a time limit on how long you have to get married (3 months?). You may want to have a quick a quiet wedding early on, and then the big family and friends thing later.

Having an INS office within a reasonable drive is very useful. I know a couple of people whp had to get a hotel room whenever they needed to go there due to the distance they lived away.

do you need a good reason to travel outside the country or can it be for any reason? and about how far in advance do you need to get the papers? the week before you go, or half a year in advance?

do you know the form id?

I don't think you are asking permission to travel so much as they want to track where you are going while you go through the imigration process. I don't remember there being a specific lead time to file the forms.
I can't remember the form, but it was available somewhere in the depths of their web site.

[NickC]

Citizensmith, how long ago did you go through the processes? The laws changed in March of last year (so did the damn fees, going up of course). Any immigration experiences before March 2004 may not be applicable. Things are different and tougher now. Unfortunately. Also, the INS is no longer the INS, it's the USCIS (US Citizenship and Immigration Service). Same old bureacracy, new name. :D

Also, I was under the impression that once you gain permanent residency status via marriage, a green card to work is not necessary. Unless it takes them forever to issue the permanent resident status and you need to work during that time.

[timmyquest]

I was talking to my mum last week. The coversation got to weather and the snow in London, and the 70 degree sunshine on Sacramento. :)

Ha...

I was talking to a guy in my photography class today about spring break, i said

"ahh, i cant wait. Arizona is going to be sunny and warm. Where are you goin?"

"London"

My first thought was of gray raining days and i said to myself "awww...you poor chap" :lol:

[Citizensmith]

Citizensmith, how long ago did you go through the processes? The laws changed in March of last year (so did the damn fees, going up of course). Any immigration experiences before March 2004 may not be applicable. Things are different and tougher now. Unfortunately. Also, the INS is no longer the INS, it's the USCIS (US Citizenship and Immigration Service). Same old bureacracy, new name. :D

Also, I was under the impression that once you gain permanent residency status via marriage, a green card to work is not necessary. Unless it takes them forever to issue the permanent resident status and you need to work during that time.

I went through all this back in 98 so there is plenty of chance for them to change things.

As for the green card thing though, getting married is what gets you the green card. The green card is the reason you are filing all this paperwork, and its what proves you are a legal permanent resident. The initial work permits you get only last 1 year at a time.

The green cards are actually pretty cool, aside from not being green. They have all kinds of laser etchings and holograms. Included in the etchings are these two strips, one with every state flag, and one with every president. Bearing in mind the card is small you can imagine how small these prints are. I should imagine a green card is pretty tough to copy

[NickC]

OK, thanks. Now that I've had some time to troll through the massive USCIS site, I see that "green card" is synonymous with permanent residency -- I'd thought that a green card was a work permit with no residency.

Also, it seems that the permanent resident status conferred when my fiancee marries me is conditional, and has to be adjusted after two years -- to "permanent resident for real" ;) This sounds a bit different from what happened to you.

[Citizensmith]

OK, thanks. Now that I've had some time to troll through the massive USCIS site, I see that "green card" is synonymous with permanent residency -- I'd thought that a green card was a work permit with no residency.

Also, it seems that the permanent resident status conferred when my fiancee marries me is conditional, and has to be adjusted after two years -- to "permanent resident for real" ;) This sounds a bit different from what happened to you.

Actually thats exactly what happened to me, just not that great at explaining it. The work permit you get to start with is when you have to get travel permits and such. Once you've got a green card you can do anything but vote and be on a jury. Good trade off I think.

[CannonFan]

so how long did it take you to go from being married to being able to apply for a job? the perm resident status change probably takes a while to go through. it says you can apply for a temp work permit in the mean time i think, how long does it take that paper work to go through?

just wondering how long i might have no income for.

[Citizensmith]

Not long. I arrived in late March, married in early April, and had landed a job and was working by June. If I remember right its pretty much as soon as you are married and have taken all your paperwork in to prove it.