stu_blue

Hi,

I am currently working in the US on an E2 visa and I met a girl who is a US citizen who I am now engaged to.

I live in the UK and at the end of September I leave the US and my E2 visa will no longer be valid as I return to work in the UK for 12 months.

We plan on getting married in the US in October 2018. I no longer will have a visa so I believe my fiance has to apply for a fiance visa.

How long will this process take as it's hard to time things so as it's approved just at the right time for me to get married in October 2018. Once approved I believe it is only valid for 6 months and then I have 3 months to get married as soon as I arrive back in the country.

Has anyone done this and is it a long process and when would you do start the process off? Can you tell them a date that you plan on getting married?

Also can I still fly in on a ESTA to visit my fiance while this process is going through?

Just to add we are also going to be having a baby too so not sure if this complicates things when applying?

Thanks

Stu

ian-mstm

No! You apply for the fiancé visa. Your fiancée, however, starts the process by submitting form I-129F.


It'll take roughly 8-10 months... sometimes more, sometimes less.


The visa will be valid for 6 months from the date of the medical... not from the date of issue.


No... 90 days - which isn't the same as 3 months.


Yes - most of us!


Work backwards from the date of marriage.


You can, but it's highly unlikely that they'll even care! US immigration does not work at your convenience.


Yes.


It'll make no difference whatsoever - but you should have kept your pants on!

Ian

ian-mstm

While I'm thinking about this... why not simply get married now and apply to adjust status (read = get green card)? You can stay in the US - no need to return home! It seems a lot easier.

Ian

stu_blue

I am on a work visa (E2) which is only valid while working for my current employer. and I am only here until the end of September then it becomes invalid as I work in the UK then for a year.

We want the wedding to be a big occasion with my family from the UK coming over.

I see from your previous reply you mention about the visa being valid for 6 months from the medical??

So in a nutshell the wedding is planned for the middle of October 2018 so couting back to allow 8 months would be applying for all of this around Jan / Feb 2018? But how soon is the medical? in the middle of the process or near the end?

Cheers

Stu

Noorah101

Near the end.

Rene

leepne

You can always get married in a courthouse and have the big occasion at any time that suits.

Rete

Why are you waiting for October 2018 to be get married. You are going to becoming a father in the few months. Get married now so she can start the process for you after the wedding when you have your certified marriage certificate (takes about 7 to 10 days to get from city hall after the wedding) then you can remain here in the US while she is pregnant, be here for the birth of your child. Filing for your adjustment of status includes the application for an employment authorization document and you will be able to work once that is obtained. She can have the big fancy wedding after the birth of your child when she can fit into that slinky beautiful wedding dress she has dreamed of

ian-mstm

Yes - I understand that. What compels you so much that you feel a need to return to the UK? Work? If you don't return... what will they do? Fire you? So what? You'll be living in the US!


There's nothing from stopping you from getting a courthouse marriage now and then have a big party next year. That's quite common for people with an international relationship. But, to do so has many advantages - including gaining the ability to work for any employer and not be tied to your E-2 employer.


What if it takes 10 or 12 months to get the visa? Your timeline is out the window. Start now. You can slow down the process at any stage - but you can't ever speed it up.


Right near the end... it'll be the last thing you do before you go for your visa interview.

Ian

Rete

Is there a legal reason why your E2 visa says that you must return to the UK to work for another year with the same employer?

Pulaski

The medical is near the end, so typically people have around 5 months to use the visa to enter the US, and you then have a period of 90 days to get married, so there is a huge amount of flexibility built into the visa process. So if you started the process today, and got lucky with the processing, such that it only took eight months, you would get your visa around the end of March 2017, and have to use it by around the end of August 2017, so October 2018 would be within the acceptable range of dates for the wedding. In other words, if you want a K-1 for an October 2018 wedding, you need to apply very soon.

All that said, I agree with all the others who recommend "court house wedding now, big celebration and blessing (or whatever), later".

BenK91

I don't get the onus to have a big fancy celebration immediately.

A lot of us on here has courthouse weddings with the view of a big ceremony down the line (which is what we did, me and my wife are currently saving for a wedding for Summer next year).

Get married, file for AOS and be here for the birth of your child, or go home and have to go through the visa process while potentially being away from your family. I know which one I'd pick!

stu_blue

It was planned we wanted a baby!!

stu_blue

Thanks for all the replies.

Just to clarify I work for a parent UK company who own lots of business all over the world and we are implenenting an IT over haul to bring them all under support of the UK office.

My E2 visa is valid only when I am employed direct on paye. I have been here since April 2016 but come the end of September the role here finishes and I go back to working for the same company as a contractor all over the UK for 12 months. My visa is no longer valid unless they employed me direct again and wanted me to work in the US.

My Fiancee is coming over to the UK to meet my family and we both understand we will have several months apart while I earn very good money for the next 12 months before I leave the UK and start a new life in the US.

I am not sure how this would work with my company sponsoring my E2 visa if I was to get married while on a work visa as I thought it all had to be done properly rather than be seen to work here and then get married.

I do already have a SS number as the company in the Uk who pay me have to pay US tax as part of the tax equilisation scheme. Not sure on my tax return next year if me marrying on my E2 visa status would impact all of that.

I just thought the K1 would be the best way and the correct way in terms of how the US imigraion see it all.

I will be over for the birth but then would have to come back to finish my work in the UK ahead of my move to the US to live.

I also have to return to see my parents and family who I have not seen for a year since working in the US so would not be interested in staying beyond September anyway as a result of this.

This explains things a little more as to my situation.

Pulaski

There is absolutely nothing improper about marrying and adjusting status, and there is an established procedure for doing exactly that. Alternatively you can marry and leave, then apply for a CR-1, which coincidentally is EXACTLY what I did.
Not really, getting married and then applying for a CR-1 is equally correct, and cheaper and with fewer steps
You have a lot of preconceptions and personal plans that might not work how you think they will. .... Not least that if CBP get wind of the fact that you are "visiting" your fiancée for the birth of your child they may, entirely reasonably, conclude that there is a good chance that you might not be planning to leave again, and that ain't legal, so you could find yourself going straight back on the return flight to the UK!

I understand your career/ job explanation, but there is nothing to stop you marrying now/ soon and then leaving the US and applying for a CR-1. Then when you visit for the birth of your child the CBP will know that you are already on the right track to doing things the right way and you should have no problem visiting while you visa is being processed.

stu_blue

The baby is not due to be born until April time so by then I would hope to be well under way with the K1 process.

I would be entering the country on an esta while this is going through anyway and would have no intention of thinking I could stay just because I have a new born baby. I would have to be back at work in the UK so would only get a few weeks with her and the baby anyway until my move over around start of October 2018.

I am concerned as to how this would affect tax returns for my company who pay all of this extra tax and then it gets claimed back through tax equilisation? Would it cost the company more money etc?

I also thought you could not marry if you come in on an E2 and if you did that would look like you just want to stay in the country if my job is due to end in the US at the end of September etc.

I do agree with what you say but I do have concerns about this and that's why I wanted to go the proper way about it all with the K1.