ChDaun331

Hi everyone,

First of all I want to apologise if I am posting this in the wrong place, there is so much information on forums I find it difficult to makes sense and digest it, so excuse me if this is somewhat offensive and ignorant to post this here.

My girlfriend and I met about 3 years ago in Liverpool UK as her whole family are still here (her mum and dad moved to CA somewhat 30 years ago and she was born there). I went to California for the first time to see her last August (2016) for 1 month, and completely fell for her. I returned home and then went to Chicago to met her and her family for a long weekend 6 weeks later, which turned out to be another month together after deciding last minute to fly back to LA with her. Since returning in December, I've realised that I want to be with her and her little girl full time and move there. She is set to visit UK for 1 month in June 2017 where we plan to travel and visit her family.

I am having difficulty in understanding the regulations surrounding UK citizens moving to America and I really would like it to be explained and simplified, but reluctant to pay £380 for a short meeting with an advisor to come out even more confused, so before I go ahead and do that, which I do intend to do once I have some more knowledge on the subject, can someone please help me understand if there is light at the end of the tunnel for our situation.

I've heard many different things ranging from She has to apply for a K1 Fiance Visa and once issued I can move to the USA on the premise that we get married within 90 days, then we have to apply for spouse visa? Ive also heard that there is a law that hopes to control arranged marriages and that I can only be successful with a marriage visa if we had met in the USA first rather than in Liverpool UK first.

Im really just after someone to help condense and simplify all information on this forum and 100's of other websites into something we can both acknowledge so we know 100% where we stand, and push us in the right direction to get the ball rolling.

Again, I can only apologise if this is in the wrong place, I've never used forums for discussion


Thank you everyone in advance, I really hope someone can help me understand all the jargon.

Regards

Dan



(Liverpool UK)

christmasoompa

Hi, and welcome to BE.

You're certainly in the right place, the good folks here will help you figure it all out.

I've removed your email address and full name - BE is a public forum, so you really don't want that where it will be picked up by every weirdo and spambot out there! People can contact you via the forum if they wish.

Best of luck with it.

Nutmegger

Welcome to BE, if you look at the section headings under USA, you will find a forum for Marriage-based Visas that will give you all the info you need to make an informed decision and lots of people with personal experience to help you. Your options are to come to the US on the "fiance visa" and get married within that 90 day window, or to marry right away and then wait in the UK while a "spouse visa" is processed. The benefit to the spouse visa is that you are authorized to work as soon as you arrive in the US. Good luck!

ChDaun331

Thank you I have just found some information which explained it nicely, but still some questions to be answered.

Hope anyone can help

ChDaun331

Awesome stuff. Thank you

ian-mstm

In a nutshell, there are two visa routes: K-1 and CR-1. The K-1 requires you to get a visa specifically for the purpose of coming to the US to get married and then stay to adjust your status (read: become a permanent resident = green card). It takes roughly 8-10 months start to finish. The CR-1 requires you to marry first and then get a visa so that you can move to the US. It takes roughly 8-10 months start to finish, but you become a permanent resident (= green card) the day you arrive in the US.

What you posted suggests that you think you have to do one followed by the other... but that's not true. You can safely ignore information on arranged marriages.

This link should give you a rough idea of the differences. Both have pros and cons and no one here can advise you on what is best for you. That's a decision you and your girlfriend have to make.

Ian

ChDaun331

With ym previous experience with Forums, I wasnt expecting such a helpful audience to be honest. This is great. Thank you for your help and advice.

ian-mstm

Hopefully a moderator will move the thread to the marriage-based forum... and then we can really get down to helping you. Most of us in that forum (including me) have been through either the K-1 and/or CR-1 route and can give you good information! We're your one-stop shop!

Ian

Pulaski

You first post is quite long, and understandably you're a bit overwhelmed.

Firstly, if you don't have a criminal record, a history of over staying in the US, or a drug habit, and can read and complete tedious paperwork, if necessary with a little help from your friends here at BE, might I suggest that you stay clear of anyone who wants to be paid for "helping" you. The forms are fairly straightforward to complete and, with the exceptions noted above, you will likely be just fine without using a lawyer. I and many others here negotiated the spouse visa process on our own.

So, one question/step at a time: do you want to get married, then apply for CR-1 visa, or apply for a K-1 fiancé visa, which will enable you to "adjust status" after you get married without leaving the US. If you enter the US on the VWP/ESTA, then you must leave and apply for a CR-1 visa, you cannot do that from within the US.

With a K-1 you will likely be unable to work for about 5 months or so after arriving in the US and getting married. With a CR-1 you will be in the UK for 8-10 months after marrying, obviousness during which time you can work, and you will be allowed to work immediately on your arrival in the US using your new CR-1 visa - and "immediately" means right there in the airport after clearing immigration if you have a job to. You don't even need a SSN before you can start work.

I chose the latter route and started work six days after arriving in the US.

ian-mstm

Dan - I did a K-1 visa and was unemployed for about 4 months. Fortunately, my (now) wife had a good job so me being out of work wasn't an issue. But these are the sorts of decisions you'll need to make.

I agree with Pulaski - don't hire anyone to help you, least of all an "advisor". I'll warrant that the advisor has never been through the visa process himself - we have! And we have both current and historical information going back almost 20 years. Save your money!

Ian

ChDaun331

Brilliant! Preferably, I would rather not sit around being unable to work for several months in the US, but rather stay in the UK working for those month, and then be able to start work almost immediately, sounds like the more sustainable option! but will keep open minded at the moment and reiterate all this info to the boss.

Do they take into account qualifications / work experience etc when they decide wether to approve these Visas? I dont have any super skills or trades etc

Thankfully I have 0 criminal convictions / drug habits and I havent over stayed my welcome.

Exactly the reason I have joind this forum to be honest, I didnt fancy the financial hit for some bloke in a tie to tell me im not eligible.

Thanks for the input everyone, I'll be sure to add to this post once we have some more questions that need clearing up, also if we manage to get the paper work done in June, ill keep you posted on the progress.

Thanks again,

Dan.

Noorah101

Your work and financial scenarios don't come into play at all.

It is up to the USC to sponsor you financially. Go to www.uscis.gov and look at form I-864 Affidavit of Support form and instructions for more information.

Rene

ChDaun331

I certainly will, thank you.

Pulaski

The only qualification required, apart from the lack of a criminal record or drug habit, and a clean medical, is either to be married (for a CR-1), OR have met your fiancée within the past 24 months and have plans to relocate to the US (for a K-1).

Your fiancée will need a job paying just over $20k to sponsor your visa, if she doesn't have that, or savings of three times that (or some combination thereof), then she'll need a joint sponsor (can be any resident of the US who is either a US citizen or permanent resident).

ChDaun331

So I have had a think on this and I think the CR-1 Visa is the best way to go when it comes to stability and finances, can anyone with experience of going down this route confirm the cost from start to finish and roughly the estimate time it will take from the day we complete the initial forms to the day I receive the thumbs up from the US?

Also is what I stated in my original post true, that there is a law that I have to have met her IN THE USA, to be eligible? or is this irrelevant aslong as she submits the petition?

Thanks again.