Fiance Visa
Aug 23rd 2017, 11:23 pm
#31
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Thread Starter
Joined: Jul 2017
Posts: 120
Re: Fiance Visa
If you marry now while you are here on the E2, you have two options, your wife files the I-130 on your behalf and at the same time you file the I-485 for adjustment of status, I-765 for employment authorization and I-131 for advance parole to travel outside of the US while the AOS is pending so your petition is not abandoned.
OR
If you marry now while you are here on the E2, your wife files the I-130 to start the process for your CR-1 visa which can only be obtained outside of the US at a US Consulate/Embassy. In your case, the US Embassy in London and you leave the country (either before or after filing, doesn't matter) and continue on with your plan to work for a year in the UK to make a mountain of dosh for your family. When the get the CR-1 visa in your passport (altogether it will take 10 to 12 months to adjudicate. timelines may vary) and enter the US for the first time with it, you activate the visa and receive the I-551 paper green card stamp in your passport and the real card will be mailed to you. Viola ... you are then a permanent resident of the US and can live here and work here from day one.
OR
If you marry now while you are here on the E2, your wife files the I-130 to start the process for your CR-1 visa which can only be obtained outside of the US at a US Consulate/Embassy. In your case, the US Embassy in London and you leave the country (either before or after filing, doesn't matter) and continue on with your plan to work for a year in the UK to make a mountain of dosh for your family. When the get the CR-1 visa in your passport (altogether it will take 10 to 12 months to adjudicate. timelines may vary) and enter the US for the first time with it, you activate the visa and receive the I-551 paper green card stamp in your passport and the real card will be mailed to you. Viola ... you are then a permanent resident of the US and can live here and work here from day one.
I am considering getting married now while I am over in the US on my E2 work visa.
So as soon as we get married my US wife would apply for the I-130.
I would then need to fly back to the UK to work for 1 year as the next part of my job is to work all over the UK as the US part of my job would be done? Would I be able to just leave while the I-130 is going through?
I see this quote and do I fall into the category of (1)a visa becoming available for me straight away once autorised or (2) where it says only a select amount each year are available for each category? SEE BELOW
1. When a petition is approved for the spouse, unmarried children under 21 years of age, or parents of a U.S. citizen,
these persons are classified as immediate relatives, which means visas are immediately available to them.
2. When a petition is approved for a U.S. citizen’s sibling or married or adult son or daughter, or for a lawful permanent
resident’s spouse, child, or unmarried son or daughter, it is assigned to the appropriate visa preference category. Each
year, a limited number of immigrant visas are available for each preference category. The visas are processed in the
order in which the petitions are properly filed and accepted by us. To be considered properly filed, a petition must be
fully completed and signed, and the filing fee must be paid.
Do I then have to do a CR-1 application? Or is the visa available straight after the I-130 is approved?
Also how long does the I-130 take and the CR-1? Would I be away from my wife for a year or much longer as we would still like to have a vegas ceremony with family and friends even though we are married?
Last edited by stu_blue; Aug 23rd 2017 at 11:27 pm.
Aug 23rd 2017, 11:57 pm
#32
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Fiance Visa
Yes - but if your wife is a USC, there's no need to leave... unless you really want to.
Approval of the I-130 leads to a CR-1 visa. There are no quotas for the spouse of a US citizen. However, since you're already in the US in legal status, you could simply get married and file to adjust your status - and get a green card... and not leave the US.
Start to finish - about 10 months.
No.
Ian
Do I then have to do a CR-1 application? Or is the visa available straight after the I-130 is approved?
Also how long does the I-130 take and the CR-1?
Would I be away from my wife for a year or much longer...
Ian
Aug 24th 2017, 12:21 am
#33
Forum Regular
Thread Starter
Joined: Jul 2017
Posts: 120
Re: Fiance Visa
Yes - but if your wife is a USC, there's no need to leave... unless you really want to.
Approval of the I-130 leads to a CR-1 visa. There are no quotas for the spouse of a US citizen. However, since you're already in the US in legal status, you could simply get married and file to adjust your status - and get a green card... and not leave the US.
Start to finish - about 10 months.
No.
Ian
Approval of the I-130 leads to a CR-1 visa. There are no quotas for the spouse of a US citizen. However, since you're already in the US in legal status, you could simply get married and file to adjust your status - and get a green card... and not leave the US.
Start to finish - about 10 months.
No.
Ian
I have to leave the US as my role here for the company who did my E2 visa comes to an end and the next part of work is in the UK. I want to go to the UK to complete the work through my own choice so I can then come back to the US with a stack of money behind me for our new life together.
If I could afford to stay in the US I would but I need to carry on working in the UK doing pretty much the same job I have done in the US for the past 17 months.
I really want the easiest way to do it as currently I am going down the route of fiance visa before I leave the US in about 5 weeks so we can get this completed by both me and my fiancee.
I am thinking this is the more expensive route and maybe the hardest would you say?
Cheers
Stu
Aug 24th 2017, 12:21 am
#34
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Joined: Mar 2004
Posts: 2
Re: Fiance Visa
I think 112 months maybe more reasonable for a CR1, if you file t adjust EAD is taking about 4 months.
Aug 24th 2017, 12:23 am
#35
Forum Regular
Thread Starter
Joined: Jul 2017
Posts: 120
Re: Fiance Visa
I want to return here by October 2018 to celebrate the wedding in vegas again so the fiancee route may be a much quicker process then followed by the K1.
Aug 24th 2017, 12:27 am
#36
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Joined: Mar 2004
Posts: 2
Re: Fiance Visa
Stay and adjust
Marry and file a CR1 (includes I 130), say in the next month.
Not sure how the Fiancee route can fit into your plans.
Marry and file a CR1 (includes I 130), say in the next month.
Not sure how the Fiancee route can fit into your plans.
Aug 24th 2017, 12:35 am
#37
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Fiance Visa
Both the CR1 and K1 are comparable time wise.
Marry now, file the I-130 around October 2017, and you should be able to return to the USA on the CR1 by October 2018..
The K1 makes no sense in your scenario.
Rene
Marry now, file the I-130 around October 2017, and you should be able to return to the USA on the CR1 by October 2018..
The K1 makes no sense in your scenario.
Rene
Aug 24th 2017, 12:41 am
#38
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Joined: Mar 2004
Posts: 2
Re: Fiance Visa
CR1 is c3 months issue quicker but the CR1 has a number of advantages.