# Re-entry to US



## robin_walden (Apr 1, 2010)

Hi, hope somebody can help me. I am marrying my US fiance on August 1 in the US and in a few months we will begin proceedings to get her a UK visa. I will not be applying for a US visa at this point in time (though some point in the future) as I have an F1 student visa that has plenty of time to run and we live together and I can live from the working terms of the F1.

My question is that I want to return to the UK for a couple of weeks this winter time. As I said, at this point I will be married to a US citizen, but will not have applied for a US settlement visa. I know that if I had applied for a US visa I would require some kind of reentry document as my visa status would have changed. Is this the case with my circumstances?

Thanks in advance.


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## Davis1 (Feb 20, 2009)

robin_walden said:


> Hi, hope somebody can help me. I am marrying my US fiance on August 1 in the US and in a few months we will begin proceedings to get her a UK visa. I will not be applying for a US visa at this point in time (though some point in the future) as I have an F1 student visa that has plenty of time to run and we live together and I can live from the working terms of the F1.
> 
> My question is that I want to return to the UK for a couple of weeks this winter time. As I said, at this point I will be married to a US citizen, but will not have applied for a US settlement visa. I know that if I had applied for a US visa I would require some kind of reentry document as my visa status would have changed. Is this the case with my circumstances?
> 
> Thanks in advance.


You probably will not be get back in ... 
after marriage immediately file for your green card ..one of the forms is for advance parole ..you will need that to get back in


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## robin_walden (Apr 1, 2010)

Davis1 said:


> You probably will not be get back in ...
> after marriage immediately file for your green card ..one of the forms is for advance parole ..you will need that to get back in


Thanks for the reply. I would love to apply immediately for the green card but unfortunately don't have enough money. Any money will be going towards a British visa for my soon to be wife. 

Can you tell me why I would need the advance parol/know of any links that might be helpful. Only I found some places that say:
"aliens need Advance Parole to re-enter the U.S. after traveling abroad who have pending applications for immigration benefits or for changes in nonimmigrant status."
By virtue of getting married, will my nonimmigrant status change even if I don't apply for a change in my visa?

Thanks in advance


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## Davis1 (Feb 20, 2009)

robin_walden said:


> Thanks for the reply. I would love to apply immediately for the green card but unfortunately don't have enough money. Any money will be going towards a British visa for my soon to be wife.
> 
> Can you tell me why I would need the advance parol/know of any links that might be helpful. Only I found some places that say:
> "aliens need Advance Parole to re-enter the U.S. after traveling abroad who have pending applications for immigration benefits or for changes in nonimmigrant status."
> ...


Then dont get married until its financially possible ..the US citizen will also need to earn enough to file the Affidavit of support 

do you intend to move to the UK then ....


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## robin_walden (Apr 1, 2010)

Davis1 said:


> Then dont get married until its financially possible ..the US citizen will also need to earn enough to file the Affidavit of support
> 
> do you intend to move to the UK then ....


Thanks again. Yes the timeline is:
Wedding Aug 1st in US, with friends and family from US and UK.
Apply for British settlement visa for my fiance (then wife) asap
Move back to the UK next summer

So all of our funds will be geared towards fulfilling the costs and proving financial burden of the UK visa. So answering your point, I agree not to get married until we can afford it, but we have been together nearly 5 years now so don't want to wait any longer, plus we have many people from the UK flying out in a couple of weeks! Our original intention was to get the UK visa sorted first, then apply for Green Card for me once we have settled in the UK (for the future). 

The trip back to the UK this winter is optional, but I haven't been home in a few years and would like to go back! I found another link (Marriage to a US Citizen) that confirms what you say about reentry. I see the logic behind it from the immigration department's perspective, but it does seem rather draconian. Still, as we know, once you get in trans-Atlantic relationships your lives are dictated to by various immigration bureaus!

While I have your attention, Davis1, could you direct me to a thread regarding information on applying for Green Cards due to marriage. It seems, from what you and others say, that once I am back in the UK next summer for the long term, I will not be able to return to the US, even for a holiday/to visit wife's family, until I have begun the green card application process and been given a reentry permit?


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## Davis1 (Feb 20, 2009)

robin_walden said:


> Thanks again. Yes the timeline is:
> Wedding Aug 1st in US, with friends and family from US and UK.
> Apply for British settlement visa for my fiance (then wife) asap
> Move back to the UK next summer
> ...


perhaps you need to rethink this whole plan 

to get you wife visa to the UK is very simple 
Husbands, wives and partners (INF 4)

if you did this after your marriage ... there is really no need to stay longer in the US ..unless you have another reason then you need not apply for the green card ... if you stay inthe UK for a few years its goimg to be voided anyway ....
better to apply for a CR1 from the UK when you both decide to want to live in the US ..or not ....


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## robin_walden (Apr 1, 2010)

Davis1 said:


> perhaps you need to rethink this whole plan
> 
> to get you wife visa to the UK is very simple
> Husbands, wives and partners (INF 4)
> ...


I think you are right about rethinking the plan! I thought the green card would be valid regardless of where I resided, apparently not. Thus I will not apply for a green card until/if we decide to move to the US in the long term. That seems straight forward enough.

Just to reiterate my current situation: I am currently on an F1 student visa and will be finishing my studies in summer 2011, so cannot move back to the UK until that point. By this point we anticipate having my wife's UK visa in hand and intend to move to the UK. Really at this point my long term concern is this:
If I am married to a US citizen, and do not have a green card, nor am in the process of applying for one, am I allowed to come to the US at all? For instance, say in two years time can I come for a 2 week holiday to the US with my wife to see her family on a tourist visa waiver? Or because of our marriage will I not be able to enter? It seems like if I am married to a US citizen I either have to apply for a green card and settle in the US, or never come back to the US until I have a green card, not even on holiday. Is this correct?

Thanks again!


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## RosyStrange (Jan 10, 2010)

robin_walden said:


> I think you are right about rethinking the plan! I thought the green card would be valid regardless of where I resided, apparently not. Thus I will not apply for a green card until/if we decide to move to the US in the long term. That seems straight forward enough.
> 
> Just to reiterate my current situation: I am currently on an F1 student visa and will be finishing my studies in summer 2011, so cannot move back to the UK until that point. By this point we anticipate having my wife's UK visa in hand and intend to move to the UK. Really at this point my long term concern is this:
> If I am married to a US citizen, and do not have a green card, nor am in the process of applying for one, am I allowed to come to the US at all? For instance, say in two years time can I come for a 2 week holiday to the US with my wife to see her family on a tourist visa waiver? Or because of our marriage will I not be able to enter? It seems like if I am married to a US citizen I either have to apply for a green card and settle in the US, or never come back to the US until I have a green card, not even on holiday. Is this correct?
> ...


im confused too love... My fiance and I are undecided where to live really and dont want to do something careless or something we regard as minimal and then not be allowed to visit the other...


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