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Advice Wanted: Choice of Marriage Visa

Advice Wanted: Choice of Marriage Visa

Old Jul 13th 2018, 11:00 am
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Default Advice Wanted: Choice of Marriage Visa

Hi all, brand new here! Looking for some advice to establish the basics before I talk to an immigration attorney - I'd like to know which questions to ask and have a basic knowledge. I've done quite a bit of research already but some things are unclear, or I'm worried I don't have all the info yet. I'm going to list what I do know below, and ask a few questions (at the end) - I would be very grateful if anyone could answer questions or poke holes in my assumptions!

Situation: I (male, UK citizen living in London) just got engaged to my partner (female, US citizen living in California) after an approximately 2 year relationship of distance travelling. We are looking to get married, for me to move to the US (at least for a year or two, before potentially living abroad for a few years, and eventually returning permanently to the US!) and to celebrate our marriage in May or possibly June of 2019 in California.

As I understand it there are definitely two main routes available to us:
1] K1 "Fiance" Visa
2] CR1 "Married" Visa

About #1] From what I can tell on here, the K1 visa we would apply for, do paperwork etc. (I have no skeletons in my closet, and a moderate job/assets) and this would be granted, according to the wiki around 8-10 months from now (tight timescales for us, but do-able if accurate). I would then enter the United States, get married, and stay in the US while waiting for my adjustment of status, during which time I could not work. This can take around 6 months I believe (friend of mine did that last year).

About #2] The CR1 visa would be used if we were to be married somewhere outside the US (and probably the UK, as cursory inspection tells me that it's even more difficult than the US!) in a 3rd party country with convenient marriage laws / processes. After we got married we would apply for the CR1 visa, wait around 8-10 months (similar to above) and after that I could enter the US. There would be no adjustment of status needed, and I would be able to work immediately.

So on to the questions:
1] During the 8-10 month period for both K1 and CR1, would I still be able to enter and exit the US as normal on my ESTA (VWP)? Does this apply even once the "one-entry-only" K1 visa has been approved?
2] If the answer to the above is yes, would that mean we could potentially go down the CR1 route, do a very small wedding in a 3rd party country soon, and then when May/June comes around I could enter the US on my ESTA to go to my wedding "celebration" (while waiting for CR1 to complete)? For several private reasons we are VERY keen to celebrate the wedding in California in May 2019, and would ideally like it to be the "real deal" wedding but want to explore all options.
3] Is there a third option available to us I am not aware of? I've seen posts on this forum referring to being able to get married while in the US visiting on an ESTA (no need for a 3rd party country wedding) but I've heard verbally from other people that it is not allowed to marry in the US while visiting under the Visa Waiver Process?
4] I have read that if I go to the US for a year or two, and then we leave (potentially for my partner to do advanced studies outside the US for a few years) I may have to give up my permanent residency / green card. Is this correct? If it is, do I simply need to go through the same paperwork again when we return, or does giving that status up create future barriers to entering the US again?
5] If going the K1 route, am I simply forbidden from working *for a US company* or working at all? My profession has the possibility of doing some work from anywhere in the world, so I may be able to earn at a reduced rate or get temp work during the 6 month period. Would that be legal? I assume I would potentially have to pay US taxes on the income.

We are trying to understand all the pros and cons, and get us both together ASAP (we've had enough of the distance) while balancing the lack of working time for me, with the needs/desires of family, and timing for celebration etc.

All general feedback and advice is very welcome, especially any pitfalls or anything that strikes you as problematic in what you've read.

Thank you in advice for your help and advice.
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Old Jul 13th 2018, 11:09 am
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Default Re: Advice Wanted: Choice of Marriage Visa

You can marry in any country where the US recognizes the marriage as legal. You can come to the US on the VWP and marry here. It is perfectly legal.

If you use the K-1 visa, you cannot work for any employer, anywhere in the US, including yourself, until you have the EAD (employment authorization document).

Yes, whether engaged or already married, you can still use the VWP to come and visit your fiancée and/or wife.

There is no third option.
If you left the US after getting your green card to live outside of the US for a few years, then you lose you permanent residency status. If you are going to stay in the US for 2 years, then come in on a CR-1, wait til you can naturalize (3 years after entry on the CR-1) and apply for citizenship.

Last edited by Rete; Jul 13th 2018 at 11:12 am.
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Old Jul 13th 2018, 11:16 am
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Default Re: Advice Wanted: Choice of Marriage Visa

Rete, as always, has summed it up as succinctly as possible.
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Old Jul 13th 2018, 11:17 am
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Default Re: Advice Wanted: Choice of Marriage Visa

Thank you for your quick reply! Can I ask what is potentially a stupid question - if it's possible for me, from the UK, to marry in the US on a VWP - why would I even bother with getting a K1 Visa? It (the K1) seems completely pointless to me, offering little to no advantage over simply doing it via VWP and applying for CR1, then waiting for CR1 to complete. K1 and CR1 take the same amount of time, roughly, to the best of my knowledge so... I'm curious, is the K1 primarily aimed at people who cannot get into the US on a VWP? Should I ignore K1 completely as a UKC or does it have some benefit I'm not realising?
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Old Jul 13th 2018, 11:19 am
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Default Re: Advice Wanted: Choice of Marriage Visa

Can I ask what is potentially a stupid question - if it's possible for me, from the UK, to marry in the US on a VWP - why would I even bother with getting a K1 Visa?
Because you don't have to leave the US with a K1 while the AOS is pending. Some people value that more than not being able to work for 6 months or so.

In your situation, since you do not seem adverse to the wait back in the UK after marriage, I would go with the CR1.
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Old Jul 13th 2018, 11:25 am
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Default Re: Advice Wanted: Choice of Marriage Visa

Something to keep in mind is that processing times can change, so don't have your heart set on any specific dates for anything. Definitely don't make any plans or pay for anything that can't be changed or refunded. Nowadays the visa process is taking longer, more like 12 months for both K-1 and CR-1. Also it's taking more like 5 months to get an EAD. Of course those times can speed up again, but the point is don't get disappointed if it takes longer than expected.

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Old Jul 13th 2018, 11:27 am
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Default Re: Advice Wanted: Choice of Marriage Visa

Originally Posted by RussWithQuestions
Thank you for your quick reply! Can I ask what is potentially a stupid question - if it's possible for me, from the UK, to marry in the US on a VWP - why would I even bother with getting a K1 Visa? It (the K1) seems completely pointless to me, offering little to no advantage over simply doing it via VWP and applying for CR1, then waiting for CR1 to complete. K1 and CR1 take the same amount of time, roughly, to the best of my knowledge so... I'm curious, is the K1 primarily aimed at people who cannot get into the US on a VWP? Should I ignore K1 completely as a UKC or does it have some benefit I'm not realising?
Some couples don't want to live separately after marriage. They prefer to spend their time apart as an engaged couple rather than married.

And yes, for those who can't get a visitor visa to the USA, it's sometimes the only option.

But in general, the CR-1 is the "better" visa because you enter the USA and become a PR immediately.

Rene

Last edited by Noorah101; Jul 13th 2018 at 11:29 am.
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Old Jul 13th 2018, 11:50 am
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Default Re: Advice Wanted: Choice of Marriage Visa

The crux of the matter is that while you can marry in the US, if you stay and file for adjustment of status without first obtaining the K-1 it is considered a serious misrepresentation and can result in a denial of adjustment and there is no appeal. You then have to leave the US. Many people do not want to take that gamble so they do it the prescribed way.
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Old Jul 13th 2018, 11:59 am
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Default Re: Advice Wanted: Choice of Marriage Visa

Thank you, Rete. It sounds like entering and marrying on the VWP is a problem *only* if you intended to stay beyond the 90 days and file immediately?

Am I right in thinking that it's permissible to enter and marry on the VWP, as long as you genuinely intend to go back to the home country within the 90 day window? There's no misrepresentation that way?
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Old Jul 13th 2018, 12:00 pm
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Default Re: Advice Wanted: Choice of Marriage Visa

Correct
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Old Jul 13th 2018, 12:01 pm
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Default Re: Advice Wanted: Choice of Marriage Visa

Originally Posted by RussWithQuestions
Thank you, Rete. It sounds like entering and marrying on the VWP is a problem *only* if you intended to stay beyond the 90 days and file immediately?

Am I right in thinking that it's permissible to enter and marry on the VWP, as long as you genuinely intend to go back to the home country within the 90 day window? There's no misrepresentation that way?
Yes, that is correct.

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Old Jul 13th 2018, 12:26 pm
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Default Re: Advice Wanted: Choice of Marriage Visa

Thank you all so much! And with regards to:

If you left the US after getting your green card to live outside of the US for a few years, then you lose you permanent residency status. If you are going to stay in the US for 2 years, then come in on a CR-1, wait til you can naturalize (3 years after entry on the CR-1) and apply for citizenship.
If those timescales don't work, and I live in the US for 18 months, then live in the UK for 3 years and lose my permanent residency (US) status... if I then re-apply for permanent residency, is it the same process? Or would losing that status in the past have any negative repercussions, meaning extra paperwork or more difficulty?
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Old Jul 13th 2018, 12:34 pm
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Default Re: Advice Wanted: Choice of Marriage Visa

Almost the same process. The difference is, unless the law changes, your then wife having legal right to reside and work in the UK, can use the direct consular filing method to obtain your Immediate Relative Visa. Since you would be married more than 2 years it is an IR-1 visa, no conditions. The main difference is timelines. DCF only takes 3 to 5 months to complete from start to finish.

Prior permanent residency status has no negative impact on a new visa application. You would just formally give back your green card via a certain USCIS form (I don't remember the #).
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Old Jul 13th 2018, 12:34 pm
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Default Re: Advice Wanted: Choice of Marriage Visa

Originally Posted by RussWithQuestions
Thank you all so much! And with regards to:



If those timescales don't work, and I live in the US for 18 months, then live in the UK for 3 years and lose my permanent residency (US) status... if I then re-apply for permanent residency, is it the same process? Or would losing that status in the past have any negative repercussions, meaning extra paperwork or more difficulty?
It's exactly the same process again, no negative impact. Just going through all the cost and waiting again.

Keep in mind it might be harder for her to immigrate to the UK if you've been living in the USA. Look at those requirements to see if you can qualify to sponser her after not having lived in the UK for some time.

Rene
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Old Jul 13th 2018, 12:36 pm
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Default Re: Advice Wanted: Choice of Marriage Visa

Originally Posted by Noorah101
It's exactly the same process again, no negative impact. Just going through all the cost and waiting again.

Keep in mind it might be harder for her to immigrate to the UK if you've been living in the USA. Look at those requirements to see if you can qualify to sponser her after not having lived in the UK for some time.

Rene
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