Sweetscottishchick

Hi, I'm not sure what the best course of action would be here, so I would really appreciate people's advice on this. I just got news that I may need to go back to the UK for a year or so, due to circumstances in my family. However, my USC fiance and I would really like to have a summer wedding in the U.S. and ideally this year.

Having spoken with an attorney, we have been advised that the AOS process will take anywhere between 4-8 months. We are not sure if the best course of action would be to get married and apply for AOS and then I should go back to the UK once everything has (hopefully) been approved; or whether to get married, then go to the UK and apply for AOS upon my return to the U.S. ; or whether we should simply wait until I get back to the U.S. , from the UK before we tie the knot. I know that the non USC is allowed to leave the U.S. if they have been approved for advance parole, but is there a time limit as to how long they may remain outside of the U.S. before falling out of status? And if we get married, I go to the UK, then return to the U.S. in a year's time, are we likely to face any grave hurdles when applying for AOS? And would I even be allowed to apply for AOS after a period of absence from the U.S. , following our marriage.

Although we consulted with an attorney earlier in the week, this issue of my going back has just come up. So had we known this earlier in the week, we would have of course asked our attorney. And would people advise us to have another consultation with an immigration lawyer, as this issue has come up. Cheers!

country_canuck

What's your status in the USA? You say fiancé, and summer marriage. Regardless of your current status I would think if you leave before getting married and adjusting status, you won't be able to simply return and carry on with the marriage and AOS path. At that point you would have to leave and apply from abroad. Alternatively you could leave now, apply for a fiancé visa from abroad and re-enter on that, get married within the 90 days and apply for AOS.

Noorah101

Sweet,

The one thing you should NOT do, is enter the USA as a visitor with the intent to adjust status to permanent resident. That is illegal. So one of your ideas is not a good one (marry now, then return later to AOS). Don't do that one.

Rene

Rete

Since you will be married and living apart for a year, why get married now? Why not wait until next summer for the wedding.

If you don't want to wait, then enter the US, marry and return to the UK before your I-94 expires. Your husband can file the I-130 for you stateside and when it is approved and you can then go for the immediate relative visa through the US Consulate. It will take about 6-8 months and is good for another 6 months after approval.

Sweetscottishchick

Hi country_canuck, thanks for your response. I am on a student visa right now, and one of the reasons we are considering marrying while I am still in the U.S. is because we know that applying for the K-1 visa is both time consuming and adds more expenses (these forms sure aren't cheap) to an already expensive process.

Rene thank you for your useful advice, I will be sure not to take this route. Rete thank you also for your advice, perhaps I will consider the route you outlined. I'll keep you posted on what I do eventually decide to do.

ian-mstm

I suggest you get married before you return to the UK - and then let hubby file an I-130 for you. You'll return to the US with an IV and become a PR the day you come back. If you're going to be in the UK anyway - whether married or not - what difference if you take advantage of the marriage vis-a-vis immigration?

Ian

country_canuck

Hi,
your student visa gives you so many more options, especially if you are able to keep it for another year. You can pretty much go back and forth as needed without issue, yes?

As far as costs of K1 vs staying and adjusting through marriage, it is about the same upfront, legal fees not considered. Staying and adjusting could cost a lot more if things go awry, and the timeline might end up being shorter, or not. Many things could go wrong in staying, there are higher risks. A simple K1 doesn't really require a lawyer, many folks here have successfully gone this path without legal help. Staying and adjusting might require legal help if things do go awry. My AOS didn't go smoothly and I have paid huge legal fees, spent years fighting it, still can't travel outside the USA and still can't get a drivers licence etc. It will be slightly more than a year from now before my next court date. When it goes wrong, it can go wrong horribly.

country_canuck

Sorry, I missed the part about family matters and going home to stay for a year or so. That kinda takes the renewing of student visa out of the equation.

Ian makes a very good point. He is a wise man! His idea might be the least painful longterm!

meauxna

If you're going back to the UK for +/- a year, Ian's suggestion makes the most sense, and is the recommended legal way to immigrate.

Sweetscottishchick

Thanks for your suggestions everyone. I have a couple of questions about the CR-1 process. Exactly what documents must we file for the
CR-1? And will my fiance and I need to be interviewed like we would for AOS? Am I correct in saying that I would be interviewed at the consulate in UK and he in USA? And do you think we are likely to encounter a lot of problems in the future, if I was to leave the U.S. shortly after getting married? Thanks!

Noorah101

For the CR-1 Immigrant spouse visa, the USC files an I-130 after marriage, to start the ball rolling. There are more steps involved, but eventually (about 8 to 10 months later), you attend a visa interview in the UK and get your visa. When you use the immigrant visa to enter the USA, you become a US Permanent Resident immediately.

Your USC husband will not be interviewed. You wil be interviewed, in London.

You will not encounter any problems if you leave the USA shortly after marriage.

Rene

ian-mstm

To start the process, your USC spouse would file: I-130 and G-325A, and supporting information. If/when the petition is approved, you file for the CR-1.


No... just you.


He will not be interviewed at all if you go for a CR-1 visa.


You can leave the US any time you want. If you want to return to the US, you will either need Advance Parole (if you marry and file to adjust status within the US), or an Immigrant Visa (if you marry and return to the UK).

Ian

Sweetscottishchick

Thanks Rene and Ian. I appreciate that both of you may have taken different routes, but I was wondering if you had any idea of how tough the questioning is for the CR-1. I obviously understand they are just doing their job, but having heard horror stories about AOS interviews, I was wondering if the interview for CR-1 is equally as horrific? How many people would I be interviewed by? And does anyone know what supporting documents we will need when filing and for the interview?

About the medical, am I able to get this done in the U.S. before I leave, or does this have to take place in the UK? And does anyone know how to go about finding a doctor who conducts examinations for marriage visa purposes?

Finally, can my fiance mail the appropriate paperwork to the service center before I leave the U.S. , or does he have to wait until I leave to do this? Thanks!

Bluegrass Lass

You'll be asked the same kinds of questions for a CR-1 interview in London that you'd be asked for the AOS interview here in the US. All they are trying to do is establish a bona fide relationship between you and your future husband.

If you go the CR-1 route, you will have your medical in London. There is only one place in the UK that you can get the medical done. When you reach the point in the visa process, you will be sent the appropriate documents you will need to schedule the medical.

If you decide to stay in the US and do the AOS route, you will need to look on USCIS's webpage for a list of civil surgeon's in your area. It's a good idea to call around to them to find out their prices as they can pretty much set their own price for the exam.

As long as you are both free and legal to marry (i.e. no pending divorces), you can marry and file the paperwork whenever you want. So yes, he can start the CR-1 process anytime after you are legally married and have gathered the necessary documents to file the I-130.

There is a wiki here that explains the CR-1 process if you want to give it a read through and come back with further questions.

ian-mstm

For every "horror story" you've heard, there are literally thousands who have been interviewed without issues. With respect, you need some proper perspective on this. It's an interview... not a trial. Think of it much the same as a job interview - except you'll be asked questions about your relationship.


One.


Yes - and they're all listed in the Wiki.

Ian