arh1

Hello,

Firstly a quick bit of background information. I am a UKC and met my now fiancé (USC) about a year ago whilst she completed a Masters Degree in Scotland. We live together and she currently resides in the UK on a Tier 1 Post Study Work Visa (expiring March 2012) and works as a primary teacher.

We would like to move to the USA to coincide with the expiration of her UK visa, and we are visiting the USA in October for a fortnight as a holiday.

As I understand it, there would appear to be 2 methods in which I can gain residency in the US, namely applying for the K1 fiancé visa and applying for Adjustment Of Status after marrying within 90 days of entry to the US, or by marrying first (either here or in the US – but returning to the UK if married there) and then applying for a Spousal visa.

There are obviously both pros and cons for each of the Visas and I have read a bit about both on the site already.

I was really wondering what method would be the most recommended approach, given the timeframe we have etc? I also assume that due to her being here on a work based visa that DCF would be an option for most paperwork and forms? Feel free to ask for any further information.

Thank you in advance.

Al

meauxna

Hi Al,

If your GF has been genuinely residing in the US for a couple of years (I am guessing) and/or you're not planning to move until March 2012 and she lives in the UK until then, then getting married (GF will need special permission to marry in the UK) and filing the I-130 locally, to result in an immigrant visa (aka 'DCF') is the most sensible choice in my opinion.

You enter the US as a Permanent Resident and hit the ground running. You don't need the K-1 visa because you are united where you are.. I can't see any advantages for the K-1 in your situation.


But, March 2012 is a way off.. things can always change. Be sure to keep checking on your immigration education between now and when you want to get started. Currently, plan on 4-6 months for a London 'DCF' case.

londonmale2008

I'd definately say get married as soon as you both can. Not that i know 100 percent but i'd say that the longer you are married when you apply the more legitimate it all looks so i'm guessing less chance of hickups on that front. Also getting married and adjusting her status to ILR/CLR will enable you to DCF file, without the leave to remain stamp in her passport there is a chance they will deny your DCF petition.

ian-mstm

Actually, it makes no difference whatsoever. If someone is eligible to apply, they're eligible. Full stop.

Ian

meauxna

+1
But I understand why it's natural for people to think a longer marriage makes a difference.

londonmale2008

In the eyes of the immigration officer who in many cases uses their judgement (although guided by rules) surely there must be some destinction between someone who's been married for 20 months rather than someone whos been married for two weeks. If that wasn't the case there wouldn't be a if you are married for 2 years then you get a non expiring green card rule.

ian-mstm

No, it makes no difference for getting the visa.


Ah... I see what the problem is - you're confusing "visa" with "status". The visa is issued by the DOS (Department of State), but the status is determined by CBP (Customs and Border Patrol) the day you enter the US. If you enter the US and you've been married for more than 2 years (even if you were married for less than 2 years when the visa was issued), you should get IR-1 status and a 10-year GC. If you are married less than 2 years when you enter the US, you get CR-1 status and a 2-year GC.

Ian

londonmale2008

Wow I didn't realise all of that! Thanks very much for the info. Is the process of turning. A Cr1 into an ir1 a difficul process? Assuming still married and all is well
t

QUOTE=ian-mstm;8787711]No, it makes no difference for getting the visa.



Ah... I see what the problem is - you're confusing "visa" with "status". The visa is issued by the DOS (Department of State), but the status is determined by CBP (Customs and Border Patrol) the day you enter the US. If you enter the US and you've been married for more than 2 years (even if you were married for less than 2 years when the visa was issued), you should get IR-1 status and a 10-year GC. If you are married less than 2 years when you enter the US, you get CR-1 status and a 2-year GC.

Ian[/QUOTE]

ian-mstm

If you've been married more than 2 years when you enter the US, it quite easy... you just tell the officer that you've been married over 2 years (you might want to have a copy of your marriage certificate with you just in case) and he'll make the change on the spot.

If you've been married less than 2 years, you'll get CR-1 status and a 2-year GC. To change that to a 10-year GC you must file form I-751 within the 90 days prior to your 2nd anniversary as a PR. In other words, you need to wait between 21-24 months after you enter the US before you're allowed to upgrade!

Ian

arh1

Thank you for your suggestions and information. Just to confirm my fiancé is the USC and resides here on a Tier 1 Visa until March 2012, and I am the UKC – accordingly she cannot marry here without the appropriate visa.

We had thought about getting married in the US in order to file the DCF I-130, however we were unaware if the Tier 1 (Post Study Work Visa) allows for this or not? It is a 2 year visa just to confirm.

My fiancé and I are lucky to have both strong and secure incomes in the UK and are saving all that is possible (for both marriage and the move over), furthermore my fiancé has a large amount of savings/assets already within the US.

Although the main negative with adopting the K1 route would be that I would still have to file for Adjustment Of Status after marriage within the US and this can take roughly up to a year – however, I am assuming that if all the paperwork/eligibility is complete then chances are the GC would be forthcoming? Cost of K1 also seems to be much higher.

On the other hand, the K1 would seem to take both less time than the DCF I-130 and allows you a 6 month period in which to leave to travel to the US to marry.

Al

londonmale2008

How would the tier 1 stop you from getting married in the u.s.?! I would say the only potential barrier to this is them thinking you will overstay. However that can be prepared for.

Alternatively you could get married in another country outside the u.s./uk. maybe mexico?
You could both return from that and just get on with the i-130 at your leisure!

londonmale2008

This is very interesting. thank you. as far as the I-751 is it just a routine form or is it one of those things they try and contest and make difficult/ incorrect filing/ evidence etc. etc.?

jeffreyhy

Requiring an applicant to filing correctly and provide proper documentation, in accordance with the law, is making things difficult?

If the applicant provides the required information and it demonstrates a bona fide relationship then I-751 is possibly one of the most "routine" filings, often decided without an interview.

Regards, JEff

Noorah101

If she's genuinely been living in the UK that long, then it's probably OK to DCF. But as you say, she will need a special visa to marry you in the UK, so add that factor into your timeline.

Adjustment of Status has been taking between 3 to 6 months lately.

I agree, until you factor in that in order to do a CR-1 immigrant visa, you have to be married first, so factor in the cost of traveling to the USA and getting married - either in the USA or in the UK, if she needs a special visa to marry you there.

DCF is THE quickest visa method. DCF takes about 4 - 6 months to process. K-1 takes about 6 - 8 months. Immigrant Visa takes about 8 - 10 months.

Both the K-1 and the Immigrant Visa give you 6 months in which to use the visa.

Rene

londonmale2008

that made me laugh, i'd say the immigration process is very difficult! wish it was as simple as you describe!