Dotterelly

Hi there! I could really use some advice. I've fallen for an American guy, we've been dating long distance for a couple of years and both feel we're in this for the long run, and will probably get married sooner or later.

I've been trying to work out visas and citizenship and so on - at the moment we're leaning towards me moving to America. We'd ideally like to find the shortest route to living together possible, and most things I've read seem to indicate the fiance visa as the fastest route, but I still feel confused by the whole process.

Is there a different visa option that would be better for us? Would it be a good idea to hire an immigration lawyer to be certain we get this right? How long will the process take? What would my status be on completion of the process? Would I end up with dual citizenship?

Please, I'd be grateful for any advice given!

Dottie

Noorah101

There is a good guide in our Wiki that has a comparison chart between the K1 fiance visa and the CR1 immigrant visa. Those are your two options. Have a look at that and come on back with questions.

To answer yours....
You don't need a lawyer unless you have a criminal past or prior visa issues.
Both visa paths take about 10 months.
Your status upon completion will be that you have a visa that allows you to travel to the USA. What happens after that depends on which visa you get...but ultimately you'll get a green card, and then 3 years later you can apply for citizenship.
Yes, ultimately you can become a dual citizen.

Rene

Dotterelly

Thanks Rene! That comparison on the wiki is super helpful.

Is there an amount of time you have to leave between getting married and applying for a visa with the CR-1? Also, I know that to marry a US citizen in the UK you have to get a visa that allows the US citizen to enter the country to get married. Is there anything similar for marriage in the USA?

Rete

No, you can just come on the VWP, marry, stay the amount of time allowed under the VWP (90 days but be sure to leave at least 87 days not 90 days to ensure successful departure before the 90th day is over). You can use the time here to complete the I-130 with your new spouse for the ultimate CR-1.

MidAtlantic

No you can apply just as soon as you are married. You will have to be able to show that it is a genuine relationship/marriage so documentary evidence such as shared bank accounts, leases etc are useful as well as photos showing joint things you have done.

BenK91

I'd personally go for the CR1 and not the K1. I certainly would if I could go back in time!

Not being able to work for 3-5 months is pretty demoralizing, and then depending on where you'd be living the AOS process (this is what will get you your green card if you enter via K1) can take over a year.

Pulaski

Think the implications of this post through very carefully. I did the CR-1 route and while people often plump for the K-1 because they think it is quicker, the period after marrying can get tough during the following 3-5 months when you are a non-person, unable to work (until you get your EAD) and unable to leave the US (until you get your Advance Parole document).

The K-1 process also has a second step after marrying, and more fees.

So the CR-1 process would mean that you get married, file for a CR-1, and return to the UK for around 8-10 months while your visa is processed. You can still use the VWP to visit the US during this time. Obviously you can continue to work the UK, but unlike the K-1, with a CR-1 you will be able to work continuously from the moment you clear immigration in the US after arriving on your CR- visa, literally right there in the airport, if you had a job to go to.

As Noorah said above, you don't need a lawyer unless you have significant complicating factors, and people here on BE can help you and answer your questions as you go through the steps of the visa process. In fact we hear from time to time of lawyers who delay, or louse-up an otherwise straight forward visa application.

BenK91

As Pulaski said, do think it through carefully.

If you look at my signature you'll see our K1 took just over 4 months from start to finish (which is unusually fast, don't let this tempt you). However our Adjustment of Status has been rolling since January 11th 2017 with no sign of it going anywhere anytime soon. I have my AP (which allows you to leave the US) and my EAD (Employment Auth) however that still took a number of months to obtain and it really was very very dull being stuck in the house pretty much especially when I enjoy working and enjoy having a routine.

Jerseygirl

As this forum is for posts regarding marriage based visas only...I have moved all posts re the OP’s questions about driving tests into a new thread...

http://britishexpats.com/forum/usa-5...g-test-904457/

EDIT: The BE Immigration forums are for discussing visa/citizenship topics only. If you wish to discuss other topics...please open a new thread in the Main US forum or the Trailer Park. Thank you.

Twinkle0927

I did the CR-1 path. You couldn't pay me enough to do a K-1. I would err on the side of caution with processing times - currently the CR-1 is closer to 12-14 months. There are some posters here currently going through it who are updating their timelines on another thread that you might want to peak at. Even at 12-14 months total processing time I would still favor the CR-1. You can visit during this time - and I did. I had a job to go to as soon as I arrived. It certainly helped the transition into life here. I had a routine and structure from the beginning, it was good to make friends with colleagues early on, the money was a bonus too! I was also able to get started with things like a credit card, buying a car, starting my pension savings. I really am glad I didn't spend months in limbo like the K-1 people do. Those few extra months of processing have definitely paid off in the long run.

Rete

She already said in her posts about driving which were set into another thread, she is moving to IOWA

Dotterelly

Yeah, the driving stuff got moved to a different thread, which is fair.

Out of interest, if I were going to marry my partner in Iowa would it be possible to get the initial forms of the CR-1 mostly filled out before the wedding, so we could just sign and date them the day after and submit them before heading off on a honeymoon?

Pulaski

Yes. The only likely delay might be obtaining a copy of your marriage certificate, which might take a few days before it is registered and available. You could either leave the papers with a trusted friend or relative to mail when the certificate is obtained, or just mail it after your honeymoon.

BTW "partner" is less commonly used in the US than it is in the UK. ..... And despite changes in the states' laws a few years ago, often has hints of a same-sex relationship.

Twinkle0927

Yes our posts crossed.

KK85

Hi, Dotterelly! CR-1 journeyer here!

You've had lots of good advice regarding the visas, so I won't pipe in with comments on any of the technical stuff, but I just wanted to join the show of hands for the CR-1 fan-club. Not that there's anything wrong with going the K-1 route, of course, and that's a decision that will be entirely personal and yours to make.

But I absolutely echo a lot of the sentiments you've already read here. My husband (USC) and I (UKC) are at the tail-end of our CR-1 journey. It's been a 12-month process so far and, if all goes ahead without complication from this point, it will be a 13-month journey for us in total. You can see a simplified version of our timeline in the link in my signature, if it might be useful or interesting to you at this point. For me, one of the best bits about the CR-1 process is knowing that, once this is done, it is done. There is nothing else immigration-related that will be required of me when I set foot on American soil before I can start settling in and building my new life. I am so glad that I'll be able to work straight away (unlike Twinkle, I am yet to have a job lined up - knowing that I can work, though, is important to me, and that's the first Big Thing on my list for when I get there!) as it'll enable me to immerse myself into my new society a little easier, through making friends and not being stuck in the house. As BenK91 has reflected, not being able to work when you arrive has the potential to cause all manner of upsets, not only financial but also emotional. (Alternatively, the K-1 might appeal as it'll allow you and your then-husband to perhaps finally enjoy a bit of quality time together once you arrive - I suppose it all depends on your finances/housing situation/all sorts of stuff like that.)

I found (and so did my husband, though mostly it was me fretting) that the hardest part, in all this process, was trying to make a decision about which path to take. Like you, we also considered the notion of him moving to the U.K., too, but life happened and took that option out of our hands, which I'm grateful for now that we look back. Once you've stepped onto your path, be it a CR-1 visa, a K-1 visa or other, you will be able to focus your attention more onto the specific road you've chosen, without getting confused or having things over-complicated by trying to digest too much information all at once, and everything starts to fall into place after that. It can seem very overwhelming at the beginning!

The best thing you can do, especially if you do decide that you'll be the one moving to the USA, is become a regular on this forum - read everything that comes up in the Marriage Based Visas forum, especially, even if you don't think the subject-matter will affect you directly - you will learn a lot, and almost all of it will be useful to you at some point down the line, whether you think so initially or not! And never be afraid to ask questions, whether you might think they're silly or otherwise. We all have, and so many of us have walked the spouse visa route, and we are all here to help. There are some seasoned veterans here who will save you from many a panic, too!

Good luck on your journey, whatever you decide to do!