eyedontknow

Hello, I wonder what people think if I am married to a USC but have NOT completed any immigration paperwork, if I will be allowed to visit him on an ESTA under the same Tier 4 UK restrictions/the US border restrictions which only permit essential travel? Do you think it will be considered essential as my husband is currently studying in the US? Thanks.

eyedontknow

Hello. This is a bit complicated so please bear with me, thank you! My partner and I got engaged at Christmas, over the phone. He is based in the US at university (until June) and I am in the UK. We would have spent Christmas together had it not been for Covid. We are now trying to figure out our best options to move forward, and I plan to immigrate to the US. In normal times, we would meet to marry and file the CR-1, and find ways to meet in the interim. However, these are not normal times of course, and I am now stuck in Tier 4 in the UK, and he is across the Atlantic.
We both feel uncomfortable with travelling, as the advice is clearly not to and we don't want to risk spreading Covid around the world. But of course, we want to be together as soon as possible. With this in mind, we are trying to find a way forward that minimizes flying back and forth until the situation with Covid is more stable.
Our thinking has been to file for K1 asap, keep our fingers crossed that it doesn't take forever (given the K1 backlog that I'm hearing about) and then go out there, get married, and adjust my status. Does anyone have experience or an update on how long K1 is taking?
To complicate matters, last time I entered the US on my ESTA I was told that I had been coming too often, and that I would not be allowed back in again on an ESTA. That was 1.5 years ago, and I have not attempted to go back. I have never overstayed, so I suspect that the officer might have been trying to scare me, but the whole experience and interrogation (that lasted an hour and involved them going through all my phone messages and my belongings) shook me up and I am nervous about being turned away at the border. As a test, I applied for a new ESTA recently and this was approved, although I am aware that this does not mean my entry is guaranteed in any way. I have included this information to explain why we are not planning for me to enter on an ESTA to get married, and do AOS route, or me going to US to get married at all on an ESTA, as I fear more problems, complications or a rejection in this way.
I would be very interested to hear people's thoughts on this, and to get your advice. Thank you so much.

Noorah101

I assume your fiance is a USC?

Under normal circumstances a K-1 visa was taking around 12 months pre-COVID. I would expect longer now.

But if you have met in person within the past 2 years, the I-129F can be filed to get the ball rolling.

Entering on the VWP with intent to stay and do AOS is not legal, so that was never an option anyway. The best you could have done was to enter on the VWP, marry, and then return to the UK to pursue a CR-1 spouse immigrant visa.

With an approved ESTA and more than a year since your last visit, you can try to visit the USA (when COVID restrictions allow it).

Rene

scrubbedexpat099

ESTA is just a pre authorisation to use the VWP, you have not been banned so it most likely would be approved.

Anyway sounds like you do not want to visit until Covid is under control and obviously that is going to be some time. Currently you would need to quarantine in somewhere like Mexico. I am not sure you could even travel to the Airport under current UK rules so this is probably all very moot.

K1's are not being processed and have in the best of times many issues. So how can there be a sensible timeline for one filed now. CR1 would be the way to go but you need obviously to get married first when this becomes possible.

scot47

You will have to sit out Covid. Patience !

eyedontknow

Thank you, I know you're probably quite right! It's just so hard with our timing, we were apart for most of last year and now this.
I'm now planning to move to Mexico as soon as Covid restrictions permit, so we can get married, start the paperwork and at least be on the same time zone (makes all the difference).
Can anyone direct me to a thread or information regarding applying for the CR-1 at a US consulate that is NOT my country of origin? ie I am a UK citizen but would want to do CR1 application via US consulate in Mexico.
In this scenario I would have temporary resident permit for Mexico. Thanks!

S Folinsky

General rule - immigrant visa processing is handled by the National Visa Center in Portsmouth NH with final interview at consulate in country of residence.

scrubbedexpat099

I know a few people who planned to get married in Mexico, not easy, they just had a ceremony in the end.

No idea about getting a resident visa.

Not sure you really want to go through CDJ btw.

SanDiegogirl

Where in Mexico are you planning moving to? You would need to remain there for approx a year until the CR-1 come through.

eyedontknow

Don't mind, I love it everywhere and would happily stay forever! However, I appreciate this isn't the right forum for my Mexico enquiry, so I'm going to check with the US embassy in Mexico City. Thanks!

SanDiegogirl

Do you have the financial requirements for living in Mexico for say, approx, a year? You would have to assume you would NOT get employment - not sure that on a temporary resident visa you are even allowed to work (it's not a work visa)

Would it not be better to wait until travel restrictions are eased. You are making things awfully complicated.....

Noticed your fiance is in University in the US - presume he is able to sponsor you financially?

eyedontknow

-Yes, I work remotely for a UK company. I have moved countries every few months for six years now, so that part is not a concern.
-No, we want to get married as soon as possible so we can start filing for the CR1, which is already heavily backlogged so who knows how long it will be...
-My fiance's dad will be sponsoring me, thanks for checking!

scrubbedexpat099

US Embassy in Mexico City, for what?

S Folinsky

Hmm, I’ve friends who found it easy. My understanding is it is a tad complicated if one party is a Mexican citizen.

One thing to remember is that Mexico does NOT recognize religious ceremonies; it is the civil procedures that count. (There is a lot of anti-clerical sentiment in Mexican history which influences its law. Until a few years back, priests could not wear clerical garb in public).

You are correct that most IV cases are handled through CDJ which is not the most pleasant place. That said, a small number of CR/IR cases are handled in Mexico.

SanDiegogirl

What is CDJ ?