Kimi

Hello all, and thanks in advance for any help, support and information.

Here's the situation:

The boyfriend: British citizen, currently employed in UK on job for at
least 6 more months, owns a home there.

The girlfriend (me): US citizen, employed in California

The goal: To be married and live together here in California

We've been dating since Jan 1, I went out to the UK for a few weeks in
March/April.
He's coming out to the US for the first time, next week.

I would like for us to have a civil wedding while he is here. He still
needs to go back to the UK, though, for his job. I need to stay here
for mine, but will be visiting him in the UK after Christmas.

What would be the process after having the civil wedding here to allow
us to apply for the K3 spousal visa and an employment authorization for
him? Since he still has several months to complete his job, we're just
planning to go back and forth every 2 months or so until a) his job is
complete and b) his spousal visa + EAD arrives?

Since we both have jobs keeping us in our respective countries, we'll
both have time (and hopefully enough patience!) to wait without too
much stress on the visa process.

So basically, given our situation, what would need to happen
after/because:

a) I get us a marriage license and date for a civil wedding in a
California Courthouse
b) He has employment/mortgage docs to prove he's not going to stay here
and try to change status right after we marry
c) I don't make enough to sponsor him, but my mother will be sponsoring
him. .

Thanks in advance and blessings to you all,

Kimiko

Eric S.

Check the FAQ at www.visajourney.com for an overview of the K-3 visa
process.

Good luck.
- Eric S.


"Kimi" <[email protected]> wrote in message
news:[email protected] ups.com...
    > Hello all, and thanks in advance for any help, support and information.
    > Here's the situation:
    > The boyfriend: British citizen, currently employed in UK on job for at
    > least 6 more months, owns a home there.
    > The girlfriend (me): US citizen, employed in California
    > The goal: To be married and live together here in California
    > We've been dating since Jan 1, I went out to the UK for a few weeks in
    > March/April.
    > He's coming out to the US for the first time, next week.
    > I would like for us to have a civil wedding while he is here. He still
    > needs to go back to the UK, though, for his job. I need to stay here
    > for mine, but will be visiting him in the UK after Christmas.
    > What would be the process after having the civil wedding here to allow
    > us to apply for the K3 spousal visa and an employment authorization for
    > him? Since he still has several months to complete his job, we're just
    > planning to go back and forth every 2 months or so until a) his job is
    > complete and b) his spousal visa + EAD arrives?
    > Since we both have jobs keeping us in our respective countries, we'll
    > both have time (and hopefully enough patience!) to wait without too
    > much stress on the visa process.
    > So basically, given our situation, what would need to happen
    > after/because:
    > a) I get us a marriage license and date for a civil wedding in a
    > California Courthouse
    > b) He has employment/mortgage docs to prove he's not going to stay here
    > and try to change status right after we marry
    > c) I don't make enough to sponsor him, but my mother will be sponsoring
    > him. .
    > Thanks in advance and blessings to you all,
    > Kimiko
    >

Andrea29

I don't really know what question you are asking. You know a little of the process already. To have a civil ceremony, you just need to follow your state's laws on civil marriage, which are available on the internet.

To clarify some immigration for you...

You have two options for your future husband to immigrant to the US - the CR-1 (immigrant spousal visa) or K-3 (nonimmigrant spousal visa). With the CR-1, as soon as he steps foot on US soil, he will be an permanent resident have permission to work and reside. With the K-3, he will enter as a nonimmigrant and have to adjust his status to permanent resident. The paperwork will be on this end of the Atlantic. Note: it will take approximately 3 months from his entry on the K-3 to get work authorization.

There is information on www.uscis.gov on FAQs that is somewhat helpful on how to bring your spouse to the US. www.visajourney.com has some good timelines and faq sheets too that will help gauge the processing time of the visa applications and which type of visa is right for you. Britishexpats also have timeline links and other information about visa types that are applicable to you. The timeframe of your application will depend on your Service Center and consulate. Take a look around and then ask any questions after your review.

Also, there may be issues with him coming over to visit the US during the visa process. There is the risk that he may be returned to the UK at the port of entry even with the said documentation you have. Many attorneys say not to risk it. That might put your visiting schedule into disarray.


Best of luck and congratulations,
Andrea

Noorah101

Hi Kim,

First, you get married here in the USA and file the appropriate I-130 (and I-129F for the K-3, when you get the NOA from the I-130). His paperwork will eventually get sent to London, where they will send him a package to complete, including having his medical done. He should also get his police report done soon. After his interview, he'll receive the K-3 and come to the USA. It's only at THAT point that he can apply for the EAD. That takes about 3 months to receive. Then he can apply for his SSN, which takes another couple of weeks...then he is ready to start working. Figure about 4 months of him not working.

However, it's possible just to let the I-130 run it's course as well, which will result in him applying for an immigrant visa instead of the K-3. That is far better, as he will get his green card and SS card shortly after arrival in the USA, and will be work authorized immediately.

It used to be that K-3's moved much faster, and was a method of bringing the immigrant here to wait while the I-130 is processed. But now, the I-130's are moving just as fast, and is a far better option. You can still file both (for a little extra payment of the I-129F fee) and follow the one that processes faster.

Best Wishes,
Rene

ian-mstm

Why do you particularly need to be married? I mean, what's the advantage to be gained over remaining single until you are both in a position to finally live together?

Just to clarify... as his spouse, you must be his sponsor; your mother will be a joint sponsor.

Ian

Kimi

Hello and thank you for all the kind responses and information!

I'm so glad I asked!

Andrea/Rene - is the CR-1 / I-130 the same? That really seems the way
for us to go since we would like for him to be able to start working as
soon as his visa is approved.

While he's still bound to a contract job over there, we don't mind
waiting for the visa to process. The advantage, Ian, that I see in
getting married sooner than later is exactly so that when the immigrant
spousal visa finally arrives, he can look for/get work as soon as he
gets here instead of waiting the 3-4 months after he arrives here as a
spouse (+3-4 more months if he comes here as a fiancee, right?).

We were planning on having him come out again in February, which should
be just once before he actually receives his visa. Is it the general
consensus that even with documentation of property ownership, current
residence, tax forms and employment information, they'd really turn him
away at the point of entry in February, because the visa process may
still be pending?

I also have a plane ticket to go out there after Christmas for 3 weeks.
If his visa is pending, but I go to the UK to visit as his wife (in
December) - will there be significant complications for me?

Thanks so much for your help!

Kimi

Noorah101

Hi Kimi,

Yes, your filing of the I-130 will result in his obtaining a CR-1 visa. He'll get his GC and SSN shortly after arrival, and will be work authorized from Day 1.

It's perfectly legal for him to come and visit while the visa is pending. The more proof he brings of ties to the UK the better, but there is always a chance he could be turned away at the POE. It's just totally up to the POE officer.

You won't have any problem at all visiting him while the visa is processing. Just be aware that there will be some things you will be receiving and need to mail back to NVC during the process (the agent of choice form and the I-864).

Best Wishes,
Rene

cindyabs

Just to clarify something and whether or not this is of interest to the OP depends on their particular financial situation. It IS possible, to get a K3 and THEN go back to the UK to follow through on the 130 once it's approved and receive the CR1/IR1. Having a K3 and staying in the US to adjust status is NOT the only way to finish the process for a GC. Several of us have had their spouse come over with the K3 and then go back to the UK for the interview process for the Immigrant visa once the 130 was approved.
If money is tight, remember that a K3 is NOT authorized to work until they get their EAD and that can easily take several months.