Marriage/ESTA
Hi all,
I have just recently got engaged to my partner of 3 and a half years who is a USC. I am still currently living in the UK and have only ever travelled to the US under the VWP. My next trip out the States is scheduled for mid November and it is our intention to get married in a courthouse in order to begin the process for me to get my residency and have our actual wedding day in 2019 with all our friends & family. I know a number of you have been through the process/are extremely knowledgeable about the whole immigration process and hoped to gain some clarity on a few points. From what I've read so far on the forum, applying for AOS whilst in the US on the VWP is risky? Is our best option then for me to return back to the UK after we get married (and before the 90 days are up) for my fiance to then file the CR1 Visa petition? I have a friend who is also a UK citizen and is marrying a lady from Florida next month whilst he is there on the VWP. He has informed me that once you start the process for the green card, you are required to remain in the US for 6 months? I am just very keen to ensure my fiancé and I don't encounter any avoidable issues and go through the process the best way possible. I obviously would like to be over there living with him as soon as possible but certainly do not want to overstay on the VWP whilst we apply for AOS if this not recommended and may cause problems! More than happy to return to the UK after we get married and begin the CR1 process if this is the best way. (I am assuming I can still visit the US under the VWP whilst the application is in process?) Thanks in advance for your advice/comments! |
Re: Marriage/ESTA
Originally Posted by RJ1809
(Post 12351187)
Hi all,
I have just recently got engaged to my partner of 3 and a half years who is a USC.
Originally Posted by RJ1809
(Post 12351187)
I am still currently living in the UK and have only ever travelled to the US under the VWP. My next trip out the States is scheduled for mid November and it is our intention to get married in a courthouse in order to begin the process for me to get my residency and have our actual wedding day in 2019 with all our friends & family.
I know a number of you have been through the process/are extremely knowledgeable about the whole immigration process and hoped to gain some clarity on a few points. From what I've read so far on the forum, applying for AOS whilst in the US on the VWP is risky?
Originally Posted by RJ1809
(Post 12351187)
Is our best option then for me to return back to the UK after we get married (and before the 90 days are up) for my fiance to then file the CR1 Visa petition?
Originally Posted by RJ1809
(Post 12351187)
I have a friend who is also a UK citizen and is marrying a lady from Florida next month whilst he is there on the VWP. He has informed me that once you start the process for the green card, you are required to remain in the US for 6 months?
Originally Posted by RJ1809
(Post 12351187)
I am just very keen to ensure my fiancé and I don't encounter any avoidable issues and go through the process the best way possible.
I obviously would like to be over there living with him as soon as possible but certainly do not want to overstay on the VWP whilst we apply for AOS if this not recommended and may cause problems! More than happy to return to the UK after we get married and begin the CR1 process if this is the best way. (I am assuming I can still visit the US under the VWP whilst the application is in process?) |
Re: Marriage/ESTA
Originally Posted by RJ1809
(Post 12351187)
Hi all,
I have just recently got engaged to my partner of 3 and a half years who is a USC. I am still currently living in the UK and have only ever travelled to the US under the VWP. My next trip out the States is scheduled for mid November and it is our intention to get married in a courthouse in order to begin the process for me to get my residency and have our actual wedding day in 2019 with all our friends & family. I know a number of you have been through the process/are extremely knowledgeable about the whole immigration process and hoped to gain some clarity on a few points. From what I've read so far on the forum, applying for AOS whilst in the US on the VWP is risky? Is our best option then for me to return back to the UK after we get married (and before the 90 days are up) for my fiance to then file the CR1 Visa petition? I have a friend who is also a UK citizen and is marrying a lady from Florida next month whilst he is there on the VWP. He has informed me that once you start the process for the green card, you are required to remain in the US for 6 months? I am just very keen to ensure my fiancé and I don't encounter any avoidable issues and go through the process the best way possible. I obviously would like to be over there living with him as soon as possible but certainly do not want to overstay on the VWP whilst we apply for AOS if this not recommended and may cause problems! More than happy to return to the UK after we get married and begin the CR1 process if this is the best way. (I am assuming I can still visit the US under the VWP whilst the application is in process?) Thanks in advance for your advice/comments! |
Re: Marriage/ESTA
Thank you both!
If I had the K-1 Visa and married within the 90 day window upon entering the US, we could immediately apply for AOS and I would be required to remain in the country? We'd only need to go down the CR-1 route if we got married whilst I was there on the VWP? Is one option more favourable than the other? |
Re: Marriage/ESTA
Originally Posted by RJ1809
(Post 12351187)
Hi all,
I have just recently got engaged to my partner of 3 and a half years who is a USC. I am still currently living in the UK and have only ever travelled to the US under the VWP. My next trip out the States is scheduled for mid November and it is our intention to get married in a courthouse in order to begin the process for me to get my residency and have our actual wedding day in 2019 with all our friends & family. I know a number of you have been through the process/are extremely knowledgeable about the whole immigration process and hoped to gain some clarity on a few points. From what I've read so far on the forum, applying for AOS whilst in the US on the VWP is risky? Is our best option then for me to return back to the UK after we get married (and before the 90 days are up) for my fiance to then file the CR1 Visa petition? Your best and safest option is to return to the UK after your marriage and honeymoon and have your spouse file the I-130 and accompanying documents to the USCIS stateside. After you are married it is no longer a fiancée but a spouse ;) The USC spouse does not file for the CR-1 visa but files the I-130 with you as the beneficiary. After many months it will be approved and sent to the National Visa Center where an affidavit of support will need to be filed by him for you and paid for, etc. Once all of that is done, it is forwarded to the US Embassy in London where YOU will apply for the CR-1 visa. I have a friend who is also a UK citizen and is marrying a lady from Florida next month whilst he is there on the VWP. He has informed me that once you start the process for the green card, you are required to remain in the US for 6 months? I am just very keen to ensure my fiancé and I don't encounter any avoidable issues and go through the process the best way possible. I obviously would like to be over there living with him as soon as possible but certainly do not want to overstay on the VWP whilst we apply for AOS if this not recommended and may cause problems! More than happy to return to the UK after we get married and begin the CR1 process if this is the best way. (I am assuming I can still visit the US under the VWP whilst the application is in process?) Thanks in advance for your advice/comments! BTW CR = conditional resident which means you became a permanent resident before your marriage was past the second wedding anniversary. |
Re: Marriage/ESTA
Originally Posted by RJ1809
(Post 12351218)
Thank you both!
If I had the K-1 Visa and married within the 90 day window upon entering the US, we could immediately apply for AOS and I would be required to remain in the country? We'd only need to go down the CR-1 route if we got married whilst I was there on the VWP? Is one option more favourable than the other? |
Re: Marriage/ESTA
Having been through the CR-1 process (actually it was an IR-1 as we had been married for 2 years and a few months when I entered the US with my immigrant visa), I would strongly recommend this route. I arrived on December 19 last year, was a permanent resident immediately, started work less than 2 weeks later. It's also considerably cheaper than a K-1. You can visit throughout the process. I did just that.
|
Re: Marriage/ESTA
Another vote for a CR-1 after marrying on an ESTA/VWP visit, and that is exactly what I did.
With a CR-1 you can continue to work in the UK while the visa is bring processed, and you will be able to work immediately you have cleared immigration in the US - literally right there in the airport if you had a job to go to. Your friend is heading down a very iffy path, and if things don't go according to plan he risks being forced to leave the US and getting a ban from returning for over staying a VWP visit. Unfortunately many dubious immigration lawyers earn a crust encouraging such nonsense. |
Re: Marriage/ESTA
Originally Posted by Pulaski
(Post 12353608)
Your friend is heading down a very iffy path, with a significant period, likely six months, but could easily be twice that, during which he will not be able to work and will not be able to leave the US because (i) his adjustment will be deemed abandoned, and (ii) he will get a ban from returning to the US for over staying a VWP visit. Unfortunately many dubious immigration lawyers earn a crust encouraging such nonsense.
|
Re: Marriage/ESTA
Thank you all for taking the time to reply my post.
I will 100% be going down the CR-1 route, makes the most sense for us I think :thumbsup: |
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