Feisty1

I am 55, took early redundancy several years back after divorce. I met an American guy 3 years ago, he lives in usa, I live in UK. We have house together in usa and 3 rental properties. I have my ITIN and file usa taxes. Finally this year we decided we want to marry, he will be applying for a K1 visa, which we plan to do on my next 2 monthly trip over in May, I'll be returning to uk in July. I then plan to go back to usa in October until January on my ESTA. Is this possible whilst awaiting the k1 to be processed as I hear this can take up to 9 months to be processed.

Pulaski

Yes, you can enter and wait while your K-1 is processed.

In your situation you should consider marrying soon/the next time you're in the US, then applying for a CR-1. The time is about the same as for a K-1, but the process us simpler, as there is no adjustment as happens on a K-1 after you marry. The paperwork is all complete with a CR-1 before the visa is issued, and your green card arrives automatically a few months after you arrive in the US.

Feisty1

I've not heard of the CR1 so if say on my next trip over we just head to the court and marry that's perfectly ok, as long as I am returning back to the UK in July, which I have a return ticket to do, although I'll be returning alone. Who then applies for a CR1, me or my then spouse. And will I be able to return to him in October.

Hotscot

https://britishexpats.com/wiki/CR-1

Pulaski

Yup, exactly, which is more or less what I did.
The CR-1 is a similar process, with sections for you and your husband. You file the paperwork, to Chicago IIRC, then in due course you book a medical and get called to the consulate in London for the interview. All being well you'll have your visa a few days later.

I hear the process for a CR-1 is taking about a year at the moment, and as per the K-1, you can visit the US while your CR-1 is being processed.

Feisty1

Oh wow thank you I was always told it's difficult to get married on a tourist visa, so we can marry on my next trip in may , print off a cr1 whilst I'm there and get it sent off. There may even be a chance my interview in london could occur before I plan to revisit in October then.

tom169

Won't be done before October, but sounds like you have a good idea on the process now. I agree to getting this done sooner rather than later as you currently have quite Tangled financials and without marriage that can be troublesome.

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Pulaski

The US had no "marry and leave" visa, so marrying on a VWP/ESTA visit is perfectly acceptable, though I recommend not volunteering the information to the immigration officer when you arrive in the US, unless directly asked if you are going to get married during your stay. ... In any case, getting married during a visit to the US is perfectly acceptable. ... staying afterwards would not be!

Feisty1

Well financially I only have usa rental income, no uk income as I live off savings and have not yet started drawing an income, spoke to HMRC who confirmed I only have to file to IRS which my us tax advisor does for me. Looks like I could be getting married next few months then haha.

Feisty1

Thank you all so much, I won't mention it at border control, it will be a on the spur decision we made whilst I was there.

Noorah101

This part is correct, yes. You can marry on the VWP in May 2019.

You're just starting out, so read up on the CR-1 spouse immigrant process (link provided in a post by Hotscot). After marriage, it's an I-130 that will be filed by your USC husband, along with some backup documentation.

Not really, no, sorry. After the I-130 is filed in May 2019, it can take up to a year or so for the whole process to get done, from filing I-130 to getting visa in hand. You can certainly visit the USA using the VWP, but it's very unlikely you'll have your CR-1 visa by October 2019. More like March - May 2020.

Rene

Feisty1

So if I get married in msy/June, return to uk in July, I then have to amend my passport to new married name, reapply for an Esta in new married name, but I can still visit in October until February as I've always done.

Noorah101

You don't have to amend your passport, and thus not amend your ESTA. You can continue using your current name.

October to February sounds like more than 90 days? Make sure you don't stay over 90 days on the VWP.

Rene

Feisty1

My mistake October till January I only ever stay 85 days to ensure I'm out by 90

Noorah101

Perfect!

Rene