powersmurf

Hi all,

First time posting here after coming past this site. Just wanted to get some advice on my situation.

My partner is American and living with me here in London, she has lived with me for over a year now, and we have been together for over 2 and half years.
We want to get married next Sept in New York as that’s where all her family are. After the wedding we want to go on a round the world honeymoon for 3 or 4 months, and after that move to the United States and start our lives there.

From looking at the visa’s its all a bit confusing. At first we were thinking of applying for the fiancé visa, get it, go to New York in Sept, get married, and then apply for the green card and let that go through while we were on our honeymoon. However, from reading between the lines, I can’t leave whilst that is going on? I am on the understanding that we can apply an I131 to travel, but that takes 3 months to go through?????

The other idea we now thinking is, go to New York in Sept under my current VWP, have the wedding, come back to the UK, and then apply for the Green Card straight whilst we are away. HOWEVER, from my understanding, that would take 3 months for the I30 to be approved, and then another 3/5 months for the Green card to go through??? If that is correct, can I go back to the States under my VWP whilst that’s on going?

The final option is, go to a court house here in London, get married ASAP and then apply now for the green card direct, which I would then hope would all go through by Sept next year? I was reading online that by applying to the US embassy in London, is at times faster then applying in America? The only problem is my partner does not really want to do this as she wants her big wedding in New York, understandable really.

Oh what to do.

Moxie

You understand all the options correctly. Unfortunately when you marry someone from another country, you've got to work around immigration laws over your personal timeline for a desired wedding date and honeymoon.

Pick an option that is closest to your priorities. Many people have a civil ceremony for the paperwork, then have a giant ceremony later---a blessing or reaffirmation of vows. Some look like a real first wedding as far as the guests are concerned as long as the officiant knows there is no marriage license and is okay performing the ceremonial repeat. Catholic priests aren't always keen on doing a "fake" wedding in the church. Check it out before you pick that option.

powersmurf

So I can do the second options then? And I can go back to the States whilst the green card is getting sorted out with the US embassy in London? If thats the case then easy, problem sorted.

ian-mstm

Correct.


You would not be applying for a GC, you'd be applying for an immigrant visa (IV). On the day you enter the US with the IV, you will become a permanent resident (PR = GC).


You've correctly identified that it's a 2-step process. It'll take 8-10 months start to finish. Don't worry about the breakdown for each step of the process... or you'll be heading down the road that leads to madness!


Yes - to visit for up to 90 days.


Again, you'll be applying for an IV. But yes, that's doable.


Not any more. Both now take about 8-10 months. At any rate, your (then) wife can't apply from London unless she has permission to reside (as opposed to visit) in the UK - so she probably doesn't have a choice in that.


Many people will get married to get the visa process moving, and then have a large ceremony afterwards. This may or may not be an option for you, but something to consider. If it's not an option, you have limited other options available.

Ian

Noorah101

If I understand your Option 2 correctly, it will go something like this:

1. Get married in NY when you want to. File the I-130 while you are there.

2. Go on your world tour together (just make sure there is a stable US mailing address, in case your wife receives an RFE...and make sure there is someone collecting that mail and can notify her ASAP if she gets one...there is limited time to respond to an RFE).

3. The process from filing I-130 to Immigrant Visa interview is about 8 - 10 months. You will need to be back in the UK for your medical exam and visa interview (medical exam must be done first, then an interview will be scheduled). You also need to get a UK Police Certficate.

4. After your world tour, you may or may not be able to visit the USA again on the VWP, it will be up to the POE agent to let you in or not. In general, you ARE allowed to visit the USA on the VWP while an Immigrant Visa is processing. You should have a home in the UK that you are not intending to abandon, and you should be able to show ties to the UK that you must go back to (work, school, etc). You will also need a ticket back to the UK. The POE agent may or may not ask for all these things, but if he does, be prepared.

5. You may not "live" in the USA on the VWP. I get the impression you are thinking you can just stay in the USA for the 4 - 6 months after the world tour, waiting for your visa interview in the UK. That's probably not going to happen, number one, you can only stay in the USA 90 days on the VWP.

6. Most likely you will get married in NY, go on the world tour for 3 - 4 months, try to enter the USA on the VWP again at the end of it, and then see what happens from there. If you get in, then you can stay up to 90 days, then go back to the UK to finish up the visa process. If you don't get in, you'll go directly to the UK to finish up the visa process, and it's up to you if you want to try another VWP visit a couple of months later or not.

Rene

Noorah101

I just realized you don't want to get married until Sept 20, 2012. If you start the K-1 fiance visa right now, you will have perfect timing to get married in Sept 20. But as you said, you can't do the world tour directly after marriage...you need to wait for the AP which can take up to 3 months to receive. Perhaps you can do the world tour first, while you're waiting for the K-1 visa? Think of it as an early honeymoon.

Rene

Noorah101

You and your fiancee/wife are both going to be taking 3 - 4 months off to travel, correct? What about work? Will you both be quitting your jobs to travel, or can you both get that much time off all at once?

Don't forget, your fiancee/wife will need to show a certain level of income and/or assets in order to sponsor your visa. If she doesn't have that, she can use a joint sponsor, so it's not a deal-breaker, but just thinking ahead for you.

Rene

Noorah101

powersmurf, I changed your thread title to reflect your actual questions. Your original title was too vague.

Rene

jeffreyhy

The consular sections of US embassies do not deal with green cards. They process visa applications. Green cards are "sorted out" by USCIS in the USA after an immigrant visa has been issued and the holder uses the visa to travel to and enter the USA.

Regards, JEff

S Folinsky

As an aside, when confronted with the vagracies of US immigration law, and the parties are already cohabiting, it has been known for people to have the small "legal" marriage and then the big "public" or "religious" wedding.

powersmurf

Hi guys,

Thanks very much for the information! Def helps.

Ok, let me give you more background info;

My partner is here on a high skilled visa, which ends Sept 2012. She is in full time work and works in a school. I am in full time employment and work with the Police.

The reason that we want to get married end of Sept 2012 is that her visa runs out. So, after knowing what I know, and reading your posts, I think the best way forward is this;

Get married now, in London. Once thats done, apply for the I130. Then after that, apply for the green card or IV I think its called. Even if all this does not come through by next Sept, I can still go to USA on my WVP and get married, and then go on our honeymoon. By the time we come back from the honeymoon, everything should have been sorted if its not already?

I think by doing the above it makes life less stressful, we can still go do the wedding and honeymoon as planned....unless I am missing something? I think at the moment we have time on your side???

Am I right here?

Thanks again all!

rpjs

If you were to marry and start the process now and there are no problems (and nothing you've posted so far suggests any), then you should be done with Immigrant Visa in hand (well, passport by next September. The longest process is where the USC has to file the I-130 petition in the US and that takes about 8-10 months.

However it sounds like your partner would be eligible to file the I-130 with the DHS unit at the London embassy (what's known as DCF "Direct Consular Filing"). Historically DCF was often a month or two faster than filing in the US but over the last year it slowed down and took around the same time. A close read of recent DCFers' post suggests it may have sped back up a bit recently.

As an aside, you say you work for the police. Are you an actual police officer? It might be worth noting that if you want to continue that line of work in the US you may well find most if not all departments would require you to be a US citizen, which you won't qualify to become until three years in.

Noorah101

If you get married now, in London, then you don't need (you can't) get married again in the USA (as you mention, on the VWP). You'll already be married.

You can get married now, in London. The USC can file the I-130 to the USCIS field office in London. The USC is free to return to the USA after that. It could take 6 - 10 months to get your Immigrant Visa. The IV is good for 6 months. Once you arrive in the USA using your IV, you'll become a US PR (i.e., get your green card) right away.

Rene

Moxie

A couple of people I know finished DCF in 5 months. One interviewed this week and started late June. And they took a month to get their visa applications mailed to London after being notified the Immigrant Visa Unit was ready for them. If you prepare for that while waiting on the petition, then you could finish in 4- 4 1/2 months. You could do that long honeymoon next summer. But it's really impossible to plan a timeline because there's so many variables when immigration is a factor.

USCIS-London is currently reporting that they are approving DCF I-130 petitions filed September 1, 2011.

ian-mstm

This is all part of the same process. It's a 2-step process... your USC spouse files an I-130, and later on you apply for the IV. You do not apply for a GC. The day you arrive in the US with your IV, you will become a US permanent resident. As proof of your status as a PR, you will receive a GC.


VWP - terminology is important not only for you, but for future readers.


Umm... the I-130 might be approved, but you'll still need to apply for the visa, have fingerprints taken, get an ACPO certificate, and have a medical.

Ian