mandalanda

hi there everyone! My fiance and I have been talking about him moving to the states and filing a K-1 as it seems the easiest process, but I have some other questions.

-If I were to travel to the UK on a tourist visa and we got married while I was there, what then is the process for me to stay there? and then would I be able to get a job once that process was completed?
-If we got married there and then decided to move back to the states, what would we have to do for him to be able to come here and stay?

I know there is probably a ton of different options, just looking for some clear answers to this as I've finally worked out the K-1 process

thanks!!

Noorah101

You can't get married in the UK on a tourist visa. You'll need to apply for the appropriate visa which allows you to marry there...but from what I've heard it's a pretty easy visa to get. For more information on moving to the UK, go to this site: http://www.uk-yankee.com/

After the marriage, once you have the appropriate marriage certificate, you would file an I-130 petition in the USA. You would have some correspondence with NVC in the USA and pay some fees, also you would file the I-864 affidavit of support. Eventually he would receive a packet of visa forms, get his police report, and return a checklist to the embassy saying he is ready for an interview. He will be scheduled for an interview and be sent instructions on how to get his medical done. He'll attend an interview, and hopefully get approved for a spouse Immigrant Visa. That whole process takes about 8 to 10 months to complete. When he uses the Immigrant Visa to enter the USA, he becomes a US PR upon entry, with permission to live and work in the USA from Day 1. No AOS involved with that route, as there is with the K-1.

Rene

mandalanda

Ok so really it's the same process and time frame as the K-1. Not sure what advantage there would be for us to get married there over getting married in the states then.

mandalanda

Also, I've heard of people coming to the US and getting married then applying for the visas, but I'm not sure that is legal.

Noorah101

It's not really the same process...there are different steps involved between the K-1 and the Immigrant Visa. But the time frame is about the same.

The advantage of the Immigrant Visa, is that he enters the USA as a permanent resident, without the need to do more paperwork and pay more fees to get his green card. With the Immigrant Visa, he gets the green card as soon as he enters the USA.

Rene

Noorah101

It's fine to come to the USA, get married, and then returning to your home country to apply for the Immigrant Visa. That is legal.

What is illegal is coming to the USA on a VWP or tourist visa, getting married, and then applying for adjustment of status to permanent resident and remaining in the USA.

Rene

mandalanda

Ok, so if I understand what you're saying (and excuse my confusion) he can come over here and we can get married. Then he returns home and can file for an immigrant visa. Is the immigrant visa an easier application? I wish they made this slightly easier...

Noorah101

You have it correct. He can come to the USA on the VWP (of course if he qualifies to use it) or a visitor visa, marry you, and then return to the UK for the Immigrant Visa.

It's not really a case of which visa is easier to apply for (K-1 or Immigrant). They are all basically the same forms, just processed in different ways at different times.

Personally, I found the K-1 to be better for our situation because there was less paperwork up front. The rest of the paperwork is done once he's in the USA, and although that paperwork was time-consuming, at least he was here in the USA, which was a relief.

Some people prefer to do all the paperwork ahead of time, up front, and get it over with (Immigrant Visa). That way, when he arrives in the USA, he gets his green card right away and there is no more paperwork to be done for at least 2 years (depending on how long you are married when he comes to the USA).

Which visa to go for really is just a matter of what works best for your own particular circumstances, not really which one is easier.

Rene

mandalanda

Thanks so much for all your advice. It's so hard to think about this stuff and the time frame it will take when you just want to be together :-)

Noorah101

Oh, believe me, I understand. Hang in there. Once you actually make a decision on what visa to go for, it all becomes much clearer and the time will go faster...you'll be busy doing paperwork and making plans for the future then.

Rene

Rete

<sigh>

meauxna

It doesn't seem like you've made much progress since you first asked here in November.. you're burning daylight, girl!

The K-1 application is as easy as they get and straight forward. K-1s through London have been taking less than the 8-10 months.. more like 6, so if you'd get on it, you can have a summer wedding.

What are the objections to the K-1? Maybe you just need some help seeing the questions from a different direction.

Folinskyinla

Hi:

Rete <sighed> for a reason. This is a subject which has been discussed ad naseum on this forum. And although I'm quite sure you don't realize it, asking people to give you advice on how to do such a thing happens to be an invitation to a criminal conspiracy. And the law of conspiracy is quite frightening, to say the least.

That said -- what you have heard about is nicknamed the "visa express." It happens to be illegal. Many people have done it and lived happily ever after -- they got away with something. However, it can blow up in your face. If and when that blow-up happens [simply because a CIS officer or two are having bad hair days, if nothing else], the blow-up is not in military-speak a "FUBAR." Rather it is one huge "CF."

If you were to hire a lawyer to attempt "janitorial work" after the blowup, the fee would high and the expectations low [which makes for unhappy clients, but I digress].

Bottom line -- highly NOT, repeat NOT, to be clear NOT a recommend course of action.

Take care.

mandalanda

There are no objections to the K-1 that is the route we've started on. Just trying to get the money together for the application. I've been a bit concerned about the affidavit of support as I've just gotten back into the workforce within the last month. I own my home and all that good stuff, but my bank records are not gonna be great as I've not been working.

mandalanda

Thanks for the info, I do not want to be doing anything illegal here which is why I've already started the K-1 process. There's just alot of conflicting "stories" out there and I just want to have my facts right. :-)