Immigration to the U.S advice

amother

Mon, Mar 09 2015, 9:20 am

My husband is American; I'm British. We're currently living in Israel and are looking to relocate to America in a year or so. Please advise me about the immigration process. How long does it take, how much does it cost, etc. Is it necessary to use a lawyer or is it possible to do it yourself? Thanks

birthday

Mon, Mar 09 2015, 12:23 pm

I just did it, I'm British and my husband is American, it took as 6 months total... We did it without a lawyer as it costs a lot of money. Just make sure to triple check all your papers and save a copy of everything. Also make sure you have a good sponsor otherwise it can hold up. If u have any questions your welcome to ask me.

amother

Mon, Mar 09 2015, 2:07 pm

I'm not the OP - but I'm in a similar situation (I'm american, husband is from a different european country, not england) - why is the process so long and difficult? I have a friend who recently moved to america (her husband is american, she is from another country) and she said she got a green card from within america within a couple of months and it was no problem. She said it was really easy, just some paperwork. Why would you need a lawyer? Excuse my ignorance!!

pesek zman

Mon, Mar 09 2015, 4:05 pm

amother wrote:

You don't NEED a lawyer the same way you don't NEED an accountant to file your taxes but not everyone is 'good' at these sort if things (lots of forms) and of they can afford would like to pay professionals whose job it is to make sure it's done properly and expertly. My husband and I were not going to take any chances and that's why we used a lawyer, but you don't need to. We chose to.

Mrs Bissli

Mon, Mar 09 2015, 4:29 pm

amother wrote:

I believe you do need to enter the US with a resident visa (ie green card) if your intention is to settle permanently. You cannot enter as a tourist visa and change your status.

I don't think it's difficult--you just need to keep track of paper work, read instructions and provide documents requested. Though things would get more complicated/greater risk of rejection/need for having a legal adviser, if you had for example overstayed visas, tried to apply visa and got rejected, or if your family sponsor don't have enough funds etc etc. You need to go to an interview in person if I recall. It takes time because there are many potential immigrants whereas consulte staff has other things to do. For those applying for immigration visa as a spouse, you do have higher priority than say, someone sponsored by other types of family members.

nylon

Mon, Mar 09 2015, 5:46 pm

I did this. I did what is called Direct Consular Filing, make sure it is open to you (it is not everywhere). This is expedited and you will enter the USA with a green card. This prevents you having to enter on a K visa and then adjust status which takes longer. It took us 6 months. With DCF the embassy processes it.

We didn't use or need a lawyer but our case was straightfoward. Make sure your sponsorship and financials are in order. If you need a cosponsor line one up now.

Also: It is not impossible to enter on a tourist visa and adjust status but it COULD wind you up in trouble. Alternatively, Immigration will spot you are married to an American and refuse to let you enter on Visa Waiver. I know someone who only got a religious marriage to avoid questions on Visa Waiver since he couldn't move to the US immediately...

Adusting status in the US, even if possible, is much lengthier than DCF and will leave you unable to work.

Last edited by nylon on Mon, Mar 09 2015, 5:49 pm; edited 1 time in total

amother

Mon, Mar 09 2015, 5:48 pm

nylon wrote:

Thanks for the info! So that means you have to start the whole process 6+ months before you plan to move? What is the first step?

nylon

Mon, Mar 09 2015, 5:53 pm

Yes, we started in January and moved in August. The first step was to fill out an I-130: http://jerusalem.usconsulate.g.....html. They will approve the petition and send you another packet of forms, including the most important, the I-864 Affidavit of Support.

(The Embassy in TA does not handle immigrant visas).

As long as you are good with forms and records I don't think this sort of case needs a lawyer. DCF is an expedited procedure, only the simplest cases are sent through it to begin with.

amother

Mon, Mar 09 2015, 5:56 pm

nylon wrote:

This is so helpful. Thank you so much. Just one more question - why is this for an immigrant visa? Is that another name for a green card?

nylon

Mon, Mar 09 2015, 7:27 pm

A green card is just a permanent resident card. The visa is issued in one of many categories. Family based is one kind of immigrant visa (there are others, like job based visas). An immigrant visa is one that allows you to live and work in the US. Non immigrant visas are for students, tourists, temporary business, etc.