Noorah101

Timeline, figure 10 to 12 months from filing I-130 to visa interview.

Cost, figure $2,500 excluding travel.

The POE with CR-1 visa should be uneventful. Not sure what bad stories you've heard, but all they do is look at the paperwork and endorse the visa. Nothing scary.

Rene

Noorah101

For details on the Affidavit of Support requirements, go to www.uscis.gov, I-864 and I-864P.

Rene

Pulaski

I assume you mean before you get married? Well your fiancée will need an onward ticket to the UK when she arrives in the US (to meet the requirements of the VWP), and she should hold evidence of a "permanent home" in the UK, which might be tricky if she doesn't live in the UK and hasn't for a while. Otherwise her rolling up in the US with a USC fiance and no apparent home in the UK might leave her ripe for bouncing straight onto the first flight to the UK as she looks like a risk for over staying.

In short you (both) should avoid any mention at the port of immigration that you intend to get married, unless of course if you are asked "will you be getting married during your time together in the US?", because lying to a CBP officer is a singularly bad idea.

Based on what you have posted I see no necessary need to consult an attorney, although I note the above contrary advice from our good friend who is an attorney (but "not your attorney" ), who has an understandable professional leaning towards recommending consultations with attorneys!

PetrifiedExPat

Looking back, I could have filled all the paperwork myself for our case (Mrs P and I), however, for peace of mind, even in our slam dunk circumstances, the $3500 was worth it. Plus, the attorney was a great guy and left a good impression whilst he held our hand.

KK85

Hello!

I'm Kate. I (UKC) just went through the CR-1 process with my USC husband - the whole process took 13 months, from the filing of the I-130 until my arrival last month as a PR in the USA, and it was considerably less painful than probably 98% of the horror stories you've read!

It's very easy for me or anyone else to say this, but still might be worth you hearing: try not to concentrate on all the horrible things that could, and probably won't, happen to you along this journey. 'Immigration on arrival in the US', as you put it (I assume you mean questioning at the border?), is only problematic if you have questionable circumstances (previous overstays on ESTAs, for example) or something to hide, and from the information you've given, you don't. Everything you say you're intending to do is perfectly legal - like your soon-to-be wife, I travelled to the USA on an ESTA and married my husband, then went back to the UK and we began the CR-1 journey (as others have advised, you can file your I-130 while your wife is still in the US), and never once did I face any kind of interrogation or issue. Not on the wedding trip, not on any trips afterwards, not on my final POE. Lots of people do what you're intending to do - try to relax, and join our happy club!

You can avoid spending too much time apart from your fiancé by continuing to visit each other throughout this process, indeed. I visited my husband several times over the course of our CR-1 journey - when his mother died, I flew over and spent two months in the USA, again with no questions asked. So long as your wife continues to respect the rules of the ESTA, you will both be fine. Like Rete said, just avoid making back-to-back trips - if your wife spends 89 days in the USA, flies back to the UK for one day, then comes back to stay another 89 days, she's more likely to raise questions at the border. Not that she'd be doing anything illegal! But it might be worth saving yourself the anxiety over the potential extra questioning - they just want to make sure she's not trying to 'live' here illegally.

If you're planning lots of travel, especially together, plan it for this side of the NVC process - once your I-130 is approved (approx. 6 months after filing), you and your wife will need to send documents to the NVC, and it won't be long after that before your wife will need to be available in the UK to attend a medical and an interview. You'll have a bigger window of spare time this side of all that. My point, though, is that if time spent apart is a source of anxiety, know that you needn't spend too much time apart, though honestly this will all be over before you know it and then you'll never need to be apart again.

I completely understand how overwhelming this process can be when you're trying to understand it and conducting your research. There is a lot of information to take in! But move one step at a time. Familiarise yourself with the process as best as you can, but try not to stress about things that don't need to be dealt with for several months yet - concentrate first on planning your wedding and filing the I-130, and the rest will begin to fall into place after that. Each step becomes more clear as you move through them one at a time. I found that spending a lot of time on this forum really helped me - every thread in the Marriage Based Visas forum, even if it doesn't relate to you directly, is educational and it can be reassuring just to read of other people having been in similar positions, so stick around here for a bit, and read everything you see.

Very best of luck to you! And congratulations on your upcoming wedding.

NBMILLER

I really appreciate you taking the time to type this out. I feel more reassured after a good night of sleep and reading this. Congratulations on completing the process! Must be a great feeling.

Before we send our I-130 application, what information and documents should we have my fiance's family in England mail to the states for us? Anything we will need for steps which come after the I-130 would be good to have as well.

Also, what loose ends will I need to tie up before we file our application? I read that I need to provide tax forms, which I haven't filed for the entire three years I have been in Asia. I will need to do some back taxes. Is there anything else like this which I should be ready for and start preparing? My fiance and I both have criminal background checks which were completed last December, will we need to file for new ones? That process can be quite lengthy as well.

Thank you so much everyone, I really appreciate it.

KK85

You're welcome! And it is, yes.

Pages 6-8 of the I-130 instructions (https://www.uscis.gov/sites/default/...i-130instr.pdf) detail the documents you'll need to submit along with your I-130. Without knowing your wife's precise circumstances/history, it is impossible to say exactly what she'll need to provide (for example, if she's been married before, she'll need show evidence of termination of marriage), but as a bare minimum she will require her birth certificate. Have a little read of the instructions and identify which circumstances/documents apply to you both personally.

For the steps after I-130, there is a breakdown of required documents here: https://travel.state.gov/content/tra...o-the-nvc.html

I'm afraid I don't know enough (yet) about filing taxes in the US, but yes, you'll need to look into that. It is recommended that you have three years of W2s available. I believe a copy of the most recent W2 (or tax report?) is 'required', while available copies of the two years prior are recommended. As for tying up other loose ends, just make sure you're clear about sponsorship and what is required there. These are all things that you'll want to have organised in time for the NVC stage.

Your fiancée will need to provide police certificates (this is an 'ACRO' in the UK; I'm not sure of the terminology in other countries) for anywhere that she has lived for over 12 months, I believe. The ACRO is only valid for a period of 12 months for the purpose of US immigration, so she will need a new one if hers is dated December 2016. She doesn't need to order her ACRO until you receive your NOA2 (acceptance of your I-130 petition) - they are usually processed and returned within a two week period. I'm not sure about processing times for police reports/certificates from other countries.

For now, focus your concentration on the requirements for the I-130. The majority of the documents you submit at this stage will serve the purpose of providing evidence of a bona fide marriage (such as your marriage certificate, sworn affidavits (should you choose to include them - my husband and I included two), photographs of you together, should you choose to include those, too). Don't worry if you don't have things like joint bank accounts etc. - my husband and I didn't either, and it caused no issue. The majority of the information required for the I-130/I-130A relates to past addresses and employment history, and is less to do with providing copies of documents, which will come at the NVC stage. So considering you won't be married until February, and will be filing after that, you have months ahead of you to gather those things together.

S Folinsky

I follow the immigration lawyer chat groups. One of the he finest, smartest immigration lawyers I know responded to a question about fraud. She noted something's that can be done consistent with what OP states are their plans.
Part of what lawyers do is often to avoid trouble.

Perfectly legal. A consultation with a a lawyer immediately after arrival might be a good idea.

Pulaski

And if they try to talk you into marrying, staying and adjusting, ..... get up and leave, immediately! They will be the main beneficiary as you pay them generously to guide you through the minefield that they (the lawyer) have led you into!

S Folinsky

This type of behavior is much more common among unlicensed "consultants" "brokers" or "notarios." (The Spanish term is often used since a Notary serves a different rent function in Latin countries, but I digress).

Attorneys tend to be cautious souls. In fact, that is a common complaint about attorneys.

I think that OP is best served by having his options laid out, pros and cons. The consultation is best done shortly after entry.

Rete

If you are still in Asia (you don't mention which country), she should get her police certificate before leaving. It is sometimes nearly impossible to do once you have left the country.

NBMILLER

We are in South Korea. Will we need police certificates from here or can we just get them in our native countries when we get home and send those?

Rete

The USC will not need one but the UKC will need one from South Korea. It is always easier to get one while you inside of the country then from outside of the country as attested by others who have had to do so after their return to their own countries. As it is good for 12 months, I would advise getting one before leaving.

S Folinsky

The non-US Citizen will have to produce a certificate from each country they have LIVED in for more than six months since age 16. For the ROK, it is much easier in country.

The Department of State web site lists the requirements for each country.

BTW, Rete has hit upon another reason to have that consultation shortly after admission to the US. And that reason is one I will admit I had not thought of.

NBMILLER

Amazing. Really glad I learned about this. Thanks a lot. Could have been a disaster to find out about it while in the US.