caitlinmimi

Hi all,

My boyfriend & I are looking to get married and trying to navigate the visa process. I am the US Citizen, and have been living in the UK for the past few years on a Tier-2 Work Visa. My visa expires in early November of this year (with no option to extend). My boyfriend is the UK Citizen.

We are looking to move to the USA. Living in the UK is not currently an option for us as he does not work and cannot meet the UK visa income requirements. I do work, and shouldn't have any problem establishing domicile in the USA as my job is sponsored through a US company and I will be able to keep it upon return to the US. No problem with the income requirement from the US side.

We are wanting to get married and have the minimum amount of time apart after my work visa is over!

Our best/quickest options seem to be:

1) K1 Visa. He comes over on the K1, we get married in the US and he can stay after that. Not a problem that he can't work for the 90 days. My question here: Can we file for the K1 visa through the DCF London before I move back to the US? I believe we can, but would it be a problem if applying when my visa is expiring soon, and I move back to the US partway through the application process, with him here to finish it out??

2) Get married in the UK this year, apply for the CR-1 through DCF London. However, with needing to be married first, we likely wouldn't be applying until about a month or a few weeks before my visa expires and I return to the US. I have read that it is okay for the USC to return to the US after the visa application is submitted, but then they need to re-file from the US once they move back, which moves the timelines up?? Which greatly reduces the appeal of this option, as was wanting to file through DCF London since it is meant to be quicker than the US process.

My final concern is that my boyfriend, the UK Citizen, is chronically ill. It isn't anything infectious/danger to anyone else. He is currently unable to work, however. Would this affect the visa? I believe that since I'm filing the Affidavit of Support and sponsoring him, it shouldn't have any bearing, just hoping for confirmation of that. Also a bit worried about healthcare for him once in the US, but that's another story (although if anyone has experience with this, please reach out!)

Any insight is greatly appreciated, thank you all!!

-Caitlin

civilservant

Which ever option you choose is going to mean at least some time apart. IMO the marry now option is the best one simply because he is a Permenant Resident the moment he passes through US immigration with his visa.

Is your income going to continue when you return to the US? If not then you will need to use assets, and if you do not have enough in assets then you will need a co-sponsor.

tom169

Form I-129F to petition for an alien fiance(e) which eventually leads to a K-1 visa cannot be filed DCF.

tom169

I'm not sure why you couldn't get married sooner (like next week) and then DCF I-130.

This is as long as marriage is permitted on the tier 2 visa. I think it is?

You could likely get the entire process done before November. Then you'll be spending no time apart.

caitlinmimi

I suppose we're just hoping to minimize the time apart. If we marry now, but I can't file until I return stateside, it sounds like it's easily a year apart. Whereas if we did the fiance visa, and I was able to start that process while over here, it might just be a month or two apart.

Is there much benefit to him being a permanent resident upon arrival? The not being able to work through the K1 isn't a big deal for us. I think going through the K1 would just mean a bit more paperwork with the adjustment of status after marriage, right?

My income will continue once I return to the US, so that shouldn't be a problem!

caitlinmimi

Right. I think I can still file the Form I-129F from abroad though, right (not through DCF and mailing to a US address)? I'm wondering if we can do that sooner while here, so he could either come back with me in November or just a few months later (by the time the application is done).

Yeah, that would have been best if we'd started the process sooner. But we'd be getting married through the Catholic church and they usually require a minimum of 6 months notice. It can probably be pushed a bit earlier than that, but probably not early enough...

Noorah101

Get married ASAP.
File the I-130 directly to London (DCF) right after marriage.
He will probably have his immigrant visa in hand by November.
Move to the USA together.
He becomes a US PR immediately, with no further paperwork to be done.

Rene

ian-mstm

No. The K-1 must be sent to the US for processing.


You believe incorrectly.


Why not get married now? Why wait? If you marry now and submit the paperwork he'll likely have his immigrant visa by November.


That is totally false. I can't imagine where you read that shit... but wherever it was, stop reading!


No, not one bit. The US doesn't care if he ever works. That's why you sign an I-864.


As I said before, that's complete nonsense!

Ian

Noorah101

Yes, the I-129F can be mailed to the USA from abroad. Total processing time is about 8 to 10 months, so he probably won't have the K-1 visa by November. Then there is the AOS paperwork to be filed once in the USA.

If I were you, I'd just get married now and do the immigrant visa.

Rene

tom169

I-129F is probably 8-10 months, so missed the boat for November. I think it could be filed from UK as long as you have a US address to receive mail at.

Honestly, the K-1 visa is a pain. Once in the US there is so much more legwork and money required which can be avoided with a CR-1.

Could you have a registry office wedding and then a larger wedding later? This is what we did, albeit not Catholic.

caitlinmimi

Apologies - I think I had just read that it can be filed from abroad, and had already done so much reading about the i-130 through DCF London that the DCF was already pounded into my mind... my bad!

This is on the British Expats DCF i-130 Wiki:
DCF I-130 Filed In London : British Expat Wiki
"If you are on short notice, the most important part of qualifying to file with this shortened application process is to have the US citizen spouse file the petition before leaving the UK. Once the petition has been accepted, the US citizen may leave the UK and the UK spouse can stay to apply for the visa. However, once the US citizen has moved out of the UK, they will be required to file their petition at the US Service Center, which extends the application timeline to 8-12 months."

I probably did mis-word it when I said "re-file", instead it's just filing the existing petition....? But either way, it extends the timeline?

caitlinmimi

Thank you for all the replies so far!

For the suggestions on getting married ASAP here. The problem is we will be getting married through the Catholic Church, which usually requires a minimum of six months notice.

tom169, I will look into the registry wedding option, with a Catholic Church wedding later, but I don't believe that's an option in the church, or at least is heavily frowned upon...

Will also look at how early we would be able to get married in the Catholic church, if that "minimum 6 months" can be pushed up quite a bit. There was the hope of a full/planned in advance wedding, but of course not necessary.

Maybe if we can get married within the next few months, say in May maybe? Then file through DCF London. The process may not be done by November, but at least would be much of the way through...

Will investigate the options of getting married sooner within the Catholic church, although I don't know how possible that will be...

Noorah101

No, that means if the USC leaves the UK before filing the I-130 to London, then they must file it in the USA, thus making the process longer.

If it's important to you to have the wedding you really want, 6 months from now, that's fine...you just have to accept that you won't be moving to the USA together, and will be spending some time apart.

Rene

ian-mstm

You have completely misunderstood what's written... likely because it's poorly worded.

In a nutshell, if you have to leave the UK for some reason, then you should send the I-130 petition to London before you leave. However, if you have to leave the UK and you don't get around to filing the I-130 prior to leaving, you must then file the petition in the US - because you're no longer eligible to file in London.


Well then, if you're set on a religious wedding - you pretty much tie your own hands. If that's the case, being apart is inevitable... and you can't have it both ways. US immigration doesn't work like that.

Ian

caitlinmimi

Ahhhh. Of course. I'm an idiot. Sorry, and thank you for that.

Our preference if we did get married this year would likely to have it be at least a few months' away from now (/however early we can get married in the Catholic church).

It certainly does sound better to get married here and do CR-1 through DCF, and avoid the K1 process. At least it is a quicker process than filing from the States. SOME time apart is fine, just was hoping not to have a year apart. This could maybe end up being just a few months apart instead, if we can get married/file early enough.

So there shouldn't be a problem with us filing through DCF while I'm still in the UK, if I'm returning to the US soon afterwards? Even if I was to move back just a few weeks later? Is there any step of the process that needs to be complete before I can move (such as the petition being approved)?