Beautyandthebrit

I am a US citizen currently engaged to a UK citizen I met two years ago while in England. He flew here in July and proposed and we started planning our wedding and set our date knowing in the back of our minds that we had some things to get straight for him to legally live but not knowing what a huge process it was going to be. I have talked to several lawyers who have all given me different advice so I figured it would be best to talk to people who have already gone through the process....our wedding is set and booked for March 14th next year with no wiggle room because if we cancel now we lose $6,000 we have already put into the wedding venue and photographers. I have been told that a fiancé visa could potentially take 4 months to a year (which is a HUGE difference!) which could completely mess up our wedding if he isn't approved on time. Another lawyer told me that we could go ahead and get married now (through a justice of the peace) because we didn't have the intention of getting married when he flew here (he's here until October 4th visiting and helping me plan for march) and then we could keep our planned wedding date and do a ceremony and reception on march 14th as planned and start the process of applying for a change of status. Another lawyer told me that would be against the law and that we should stick with a fiancé visa.....all in all we are even more confused than we were when we started researching AND extremely stressed out. All we want to do is get married in march and live a normal life and now it's sounding more and more impossible. HELP PLEASE!

jeffreyhy

I would narrow that range to 6-9 months, if things proceed swiftly and smoothly. Get the I-129f petition filed immediately and he might have his visa in time for a March 14 wedding or he might very well not. Even if not, he could come over for a visit and marry you anyway, then abandon the fiancee visa application and start over with you submitting an I-130 petition for his immigrant visa. Right advice, wrong reason. He can go ahead and marry you now, whether or not there was any intention to marry now when he flew here. Then you can start immediately with an I-130 petition for his immigrant visa rather than an I-129f for a fiance(e) visa. Yes you could do the ceremony, but not he should not apply for a change of status because he will fully intend to immigrate when he enters for that time. Rather, he should leave again after that ceremony and continue waiting to complete the immigrant visa process that you started when you filed the I-130 petition when you got married on his current visit. He's correct, as I have explained. Or do what I have suggested.
You put yourself in a bind when you made such a large, fixed, committment for a wedding date. You do have a decision to make, and to make right away. Once you've made the decision, accept it and the stress will be much less even if your ideal plan doesn't come to pass. You will live "a normal life", that life might start in March or it might start some time after. Regards, JEff

S Folinsky

I have an opinion based upon your facts, but I'm not your lawyer and will not provide my opinion.

Michael

In my opinion, you are cutting it too close. The visa may or may not be available in time.

In my opinion, the only option that can guarantee success is to get married at the courthouse in the immediate future (you don't even have to tell anyone) and then petition for an immigration visa (CR-1). If the immigration visa is approved when needed, then he immigrates and you go through the formal ceremony as scheduled and settle in the US. If the visa doesn't get approved in time, he then enters on the visa waiver program and goes through the formal ceremony as scheduled and then returns to the UK until the visa is approved and then reenters the US as an immigrant.

Hotscot

I was UKC, she USC.

I was here on ...L1 I think.
Lost my job and visa.

One lawyer told me to go home and apply for marriage visa. 9 months.

Second lawyer told us to go to Vegas and get married.
Which we did.

Without consequences I then got a temp GC, full GC, then citizenship.


(My situation may not apply to others.)

Michael

You legally entered the US on a L1 visa which gives you more protection then entering on the visa waiver program (you could appeal a AOS denial but someone on the visa waiver program can't). Since it is illegal to enter the US as a visitor with the intent to remain, there is always the possibility that the AOS could be denied although most have been successful. One thing not in favor of the OP doing that is that the wedding has already been scheduled and the ConOff may possibly view that with suspicion. For a person to get married and then adjust status, it is a matter of risk tolerance and contingency plans in case the AOS is denied.

Noorah101

The OP says her UKC fiance is already in the USA right now.

It seems you are talking about a future visit.

And it would be an "adjustment of status", not a "change of status".

Rene

Noorah101

Beauty,

My opinion is that you should file the I-129F ASAP and hope he has a fast process. And if he does not, build a $6,000 loss into your family budget.

Rene

sir_eccles

I did hear something on NPR the other day, apparently the next big thing for weddings is insurance policies.

http://www.npr.org/2013/08/19/213401...rd-in-business

jeffreyhy

When did you meet your wife? Before or after you came to the USA as L-1?

When did you decide to immigrate? Before or after you came to the USA as L-1?

Regards, JEff

jeffreyhy

Yes, she did write that. Yes again, when he comes in March for the wedding that they've committed to. Yes a third time! Regards, JEff

jeffreyhy

A valid option. It would be much less of a financial loss to get married if the K-1 hasn't come through, and start over on an immigrant visa. But, that would entail a time loss of some months before they can "live a normal life". So yet another option would be to get married now and file an I-130 right away. Then they will be getting close to immigrant visa interview when they have the expensive wedding ceremony in March. Regards, JEff

ian-mstm

With respect, you are about to lose $6,000 - because March 14 is totally unrealistic for a fiancé visa! The entire process takes about 8 months start to finish. Even if you were to file the I-129F today, your fiancé likely won't get the visa until the beginning of April.



You can get married now and then have the ceremony on March 14 as planned. The lawyer was only partially correct (or you didn't fully understand what he said), but it's not the intent to marry that's the issue. It's the intent to stay in the US after marriage that'll get you into trouble. However, the law does provide for an exception - and that is for someone who did not have the preconceived intent to enter the US and stay. So this route may be possible for you.

Still, it's not entirely risk-free, because the interviewing officer is not obligated to believe that he entered without intent, and if that's the case and the subsequent adjustment of status is denied, there is no appeal process since he entered on the VWP and has no rights under law!

I suggest you get married now, file an I-130 petition, have your (then) husband leave the US on October 4 as planned, return in March for the ceremony, and then go home again to wait while his immigration visa is processed. When he finally returns to the US with the visa, he will immediately become a permanent resident (PR = green card) the day he enters the US. Though, again, it's not entirely risk-free... since he could be refused entry in March, and having a USC spouse does not help him.

Ian

Hotscot

After. When I lost my job I was supposed to leave. I remained out of status for a wile, looking for other jobs, but since it was after 9/11, and the subsequent recession there was no joy. That's when we spoke with a lawyer and then went and got married. Marriage has been wonderful. 10 years now.

jeffreyhy

So, a significantly different situation from the one that this OP faces. The second lawyer gave you the more appropriate advice, I'm glad that's the advice you followed.

Coming up on 10 years myself!

Regards, JEff