theroon

Hi all,

I hope you can give me some advice. I am a UKC living in London with my girlfriend who has UK and US passports. We plan to move to the US in two years. I will need to marry her to ensure I can live there legally. What is the best course of action? Should be marry here and then move, or should be try the K1 visa route?

Apologies in advance if this question has been asked a million times before..I couldn't find it on the site.

Thanks in advance for any assistance!

Nutmegger

Welcome to BE! It has indeed been asked a zillion times -- in this section of the forum, where I'm sure you will find some great advice:

Marriage Based Visas - British Expats

A mod will probably move your thread there. Good luck!

theroon

Thanks very much Nutmegger!

Pulaski

If you are both already living in the UK the answer is obvious: marry in the UK.

The K-1 visa has a lot of moving parts and is a two step process, and will likely leave you unable to work in the US for a minimum of three months, and quite possibly twice as long, after arriving in the US.

Personally I don't think the K-1 visa is a wise choice for many people even where the US citizen half of the couple is already living in the US, and IMO you'd have to be barking mad to choose a K-1 visa when you are both already living in the UK (outside the US).

Short answer: get married in the UK, file for a CR-1, which with a direct consular filing (DCF, which it sounds like you're eligible for), you'll get your visa in about 6-8 months and be able to work in the US the moment you clear immigration - literally right there in the airport if you had a job lined up.

theroon

Great, thanks for your help! I'll have a look at the path you suggest.

ian-mstm

Correct.


What's best, is what works for you. Given that she lives in the UK, I suggest a CR-1 visa rather than a K-1 visa... so yes, get married in the UK. It'll be less expensive overall, and quite a bit faster.

Check this link... it'll give you more information.

Ian

theroon

Thanks very much Ian, very helpful advice!

theroon

If we get married in the US, can I stay there until all the paperwork is completed or would I need to return to the UK for a period? I ask because I think she'd prefer to marry in California as her family and friends are there.

Thanks again for your kind help.

Rete

You can marry in the US and remain here for the 90 days under the VWP but no, you cannot enter the US, marry and stay until the adjustment of status is adjudicated. That shows "intent" and that is illegal and grounds for denial of adjustment.

You can enter, marry and she can file the I-130 and after your time is up under the VWP return to your home in London and continue the processing at the US Embassy in London. You can visit her now and then while the petitions are being processed.

Why can't you come here, marry and you both return to the UK and file at the US Embassy for the immediate relative visa. She is a UK citizen and I'm assuming has proof of her living there to qualify for the direct consular filing.

Pulaski

With a K-1 you'd have to stay in the US, and as noted above you wouldn't be able to work for a considerable period of time.

It seems to me that there are two better alternatives to the K-1 route for you:

EITHER (i) get married during a holiday to the US, i.e. go, get married, come back home to the UK and apply for a CR-1,

OR (ii) get married now, quietly at a registry office, then file your visa paperwork, and have the "big do"/blessing/celebration at a later date in the US.

theroon

Thanks for this. Yes, she lives and works in the UK. So it seems getting married in the UK, then apply for the visa as we continue to live in London, and then move to LA once we have the visa is the best option. I suppose we can have a celebration once we arrive there. Thanks again everybody for your help.

leepne

If it isn't a huge drama for you, you could simple marry in the UK in the court house, so you're legally married on paper, file for the relevant visas (as above), then have a big wedding in LA...

Just a thought.

Pulaski

Just a thought that somebody already had.

leepne

My apologies, I wouldn't want to take any credit away from your sterling forum persona.

Rolling your eyes? Some seriously sad people on this forum, helpful but sad.

theroon

Thanks again everybody. Could you just kindly clarify a couple of things?
If we choose to get married in the States within 90 days, can I then stay in the US while we apply for the green card or do I have to go back to the UK? Also, do I have to enter the US with a particular visa before getting married there?
I know I won't be able to work while I am in the US during this period.
Thanks in advance