janeth8711

Hello everyone,
Ok so my fiance has just got his first American passport. Our intention is to move to the US ASAP to help with my fiance father who is elderly and of ill health. We both live in the UK and have a property to sell. We know he has to file petitions for me and the kids but i have no idea which is the right 1. Can someone answer these questions for us?
1, Does my fiance have to be in the US to petition me?
2, Is there a visa i can travel to the US on while my k1?? or another visa is processed ??
3, I am wanting to buy a business as a main income for us would that be a different option?
As most people would say, we need the shortest time visa. we do want to live and work in the US and get the kids settled. This is a long term plan.

thankyou
Jan

ian-mstm

No, he can post the petition to the US for processing.


If you're a UKC and eligible to use the VWP, you don't need a visa to visit the US... but you will only be allowed to stay for 90 days.


Yes, that's an option... as long as you have between $100,000 and $1,000,000 to invest.


There is NO family-based visa that will get you to the US to live sooner than about 5-10 months from the day the petition is filed. This would be true whether you marry in the UK and pursue a spouse visa, or pursue a fiancee visa and marry in the US.

Your USC fiance can return to the US at any time to care for his father... but you won't be joining him any time soon, in any capacity other than a visitor - and you will need to return to the UK to complete the processing of your visa no matter which visa you choose.

Quite simply, there is no "shortest time visa". If there was, everyone would use it.

Ian

janeth8711

Thanks for your reply Ian.
ive been on the uscis website an excuse me if i come across as thick but do we file k1? or k3? and do we have to file separately for the children or are they on my petition? thought this would be the easy part, how wrong was i lol

meauxna

You should really read the links I posted to you yesterday. The K-1 may not be the best visa for your situation.
IMO, you should look at the 'DCF' filing.. get married in the UK and when you get to the US, you become a PR (green card) immediately.

There is still no visa that allows you to move to the US before you get your immigrant visa. Be very careful about 90 day 'visits' when you have given up everything in the UK.
You may as well stay legal, now that you have the option.

fatbrit

Everyone seems to have missed the fact that you stated you wanted to buy a business. In that case -- and given the necessary capital -- you can be out here in a few months or so on a suitable non-immigrant visa.

From there, your journey to residency via your husband-to-be or husband can be completed in country.

janeth8711

I'm a hairdresser by trade and the business we were going to buy has sold.we have around $ 150.000 to buy something. So I could go on an E2? And then file for green card through my fiancé once were there?

Meauxna I did read the links but I don't get it.

Does my fiancé file for me and the kids separately ? Thats what I don't get. As it keeps saying k3/4 respectively.

We need to fly there asap as his dads had bad news and we are unsure on how his health will take it. If Ryan needs to stay there longer I won't jeopardise my chances so will get back home in plenty of time before my 90 days runs out.

We do want to do everything properly that's why there's so many questions and I appologise.

fatbrit

That'd work. Use a US immigration attorney to put it together for you if time is of the essence. Choose a good one with a track record. Avoid agencies rather than attorneys.

Then at some time before your first E2 renewal comes up, marry and file for residency in country.

janeth8711

Good so that's one way, thanks.
I've just been reading about k3? is this the visa were if we marry in the states we can file for residency over there?

meauxna

Re: the kids, it depends. It depends on what you wind up doing.

Personally, I don't approve of doing the business route. You *know* you want to marry your FI. You do NOT know what business you're going to buy that is going to be productive and useful for you for the coming several years. It takes time and even some local knowledge for the location you're moving to to make that selection, and doing that while under the pressure to make all this happen in a couple of months, when you haven't studied the idea and don't have advisers.. it's just not the way I would want to do things.

I don't know where K3/4 entered the conversation.. those visas won't do anything for you & should be avoided IMO.

There is a K-1/K-2 for Fiancees & their children (you marry in the US and then apply to stay permanently) or the Immigrant Visas (you all get green cards at arrival, nothing else to file for right away, must be married to begin).

ian-mstm

First off... forget the K3/K4. It takes just as long to get as either a K-1 visa or a CR-1 visa and is more expensive than a CR-1.

As for the children, are they yours from a prior relationship, or are they also his children?


Ryan can come and go as he pleases. Forgive me, but all of you don't "need to fly there asap"... and if you show up at the border with kids in tow and no visa, you'll most like be sent right back home!

Ian

janeth8711

2 are from my previous marriage, and we have a son together.

So are you saying even if we wanted to go over the summer holidays I wouldn't be aloud in the country? Not even for 3-4 weeks? We haven't seen him for over a year.

Noorah101

janet,

I notice you keep saying fiance. I know he's your fiance now, but do you have anything against getting married immediately and doing a spouse visa instead? Once you are married, he can file an I-130 to London, and the process is a bit more streamlined than filing anything in the USA. Not necessarily as fast, but "easier" in many ways.

Why don't you consider getting married first?

Rene

Noorah101

You and the kids can travel on the VWP and stay for up to 90 days.

But you might have to prove your ties to the UK and prove that you do NOT intend to stay in the USA. Having a USC love interest works against you that way.

Rene

janeth8711

If its better we can have a quick wedding in the UK.
We did want to marry in the US because family is there, but we have suggested renewing our vows once we get in America.

So the best way is to marry in UK and file I-130?

Noorah101

In my opinion, yes. Read up in the Wiki about filing "DCF" (Direct Consular Filing). There are some things to overcome, such as the I-864 Affidavit of Support (you have a big family, and your fiance doesn't have US based income...yet) and the "Intent to Domicile in the USA" (although since he'll be making a trip there soon, some things can be done towards this step at that time).

An I-130 will need to be filed for EACH person immigrating. It's not cheap, but you mentioned having a large savings, so that's helpful.

Oh, and the large savings account can also help with the I-864 affidavit of support.

Rene