Bugzaboo1985

Hi

I'm planning on marrying my American fiance in January, i plan on return the UK after 2 weeks, i have an 11 year old son that i plan on bringing with me when I leave the UK, so can someone tell me what the next steps are and rough time scales. What visas do I apply for and how soon after that can I actually move to America? Can we live there while we wait for the visas to be aproved or do we have to wait?

I've read so many conflicting things online and my head is totally fried from everything I've read.

Thanks for taking the time to read

porkedpie

Where are you getting married - the US? If so, which status will you have - ESTA? Is your fiance a US citizen, green card holder or other?

Bugzaboo1985

hi we are getting married in the US I have an ESTA, he is a US citizen.

porkedpie

And is your son's father your fiance or any other US citizen?

I am not a lawyer and this is just from personal research and not advice. USCIS is the only source of truth, so I would suggest reading:
https://www.uscis.gov/adoption/immig...izens-and-lprs
https://www.uscis.gov/family/bring-spouse-to-live-in-US

It's a lot but it's not too complicated.

One may adjust one's status to a green card while in the US, even having entered on ESTA/VWP. This is not generally possible but you will be an immediate relative so there is an exception. However, I don't think this will be a good route since this will not apply to your son (from what I can tell). Likewise it means you cannot work or leave the country until you get authorisation or your approval. You are likely to get work/travel authorization within a year and your actual green card in 12-18 months.

Instead I think you will most likely be applying from the UK for a CR-1 visa via consular processing (i.e. the US Embassy in London or Belfast will process it). Your new husband will file for both you and your son (assuming your son doesn't have any other route). Times vary hugely but some sources quote currently 14-15 months. You can visit the US during this time under ESTA but you cannot move here until it's processed. At which point, when you enter you will immediately get your conditional green card and be able to live and work in the US.

SanDiegogirl

You marry in the US, then YOU return to the UK - you cannot wait in the US.
Your husband sponsors you and your son for a Green card with I-130 petition.
You are going to have to get permission from any other parent for son to leave the UK
The process is taking around 12 months these days.

https://www.uscis.gov/green-card/gre...-of-us-citizen
https://www.uscis.gov/adoption/immig...r%20processing.

Hubby will have to show he can support both you and child..

https://www.uscis.gov/i-864

The thread below explains what the forum member had to complete following marriage to his US partner. (Note that the US partner lives in the UK, so not everything is the same as your situation, but it gives a good overview)
About to start the I-130 process

Bugzaboo1985

Wow that's alot different from what I've read online. Is there anyway to move to America while you wait for the visa to be approved? I thought I read on some websites you could live there once you had applied. I think that was a K3 visa. Its so confusing.

My sons father has given legal permission for me to take him with me.

christmasoompa

The K3 is pretty much obsolete so anything you’ve read regarding that is out of date.

It’ll be around 18 months in total (a year or so for the I-130, then 6 months for the visa), but you can visit in the interim.

Good luck.

Noorah101

Where have you been getting your online information that's so different to the process described here? You should only be getting information from the direct sources: www.uscis.gov and the London embassy website.

Rene

christmasoompa

And the DoS website, which I found super useful for setting out the process and each step for consular processing of an immigrant visa - https://travel.state.gov/content/tra...rocessing.html

Bugzaboo1985

when ive Googled things its come up with information about K3 visas, which was the way we were thinking of going so we coud be together while we waited for the visa approval, i couldnt find anywhere that said they were no longer used until I posted this.

porkedpie

[QUOTE=Bugzaboo1985;13228742Is there anyway to move to America while you wait for the visa to be approved? e.[/QUOTE]

Yes, as per my first post, there is a way it's called adjustment of status. However it would only work for you not your son, who would need to apply from the UK. Only you know if that would be a workable situation, with him presumably living with his father in the meantime. He would be able to visit you on ESTA as usual.
While you wait for your green card you can also apply for temporary work/travel authorization. Before that you cannot work or leave the US. Anybody's guess how long that would take, but many people getting them within a couple of months recently. Hope for the best but plan for the worst (a year).

The K-3 visa still exists but processing times are longer than adjustment of status to green card, so it's not a good option.

Unfortunately in your position you have to decide if you want to spend the processing time living with your new husband or your son.

Bugzaboo1985

Ok so that would mean I'd have to stay in America after we got married and not return back to the uk until the adjustment of status. Sorry its alot to take in and not as easy as we first thought it was going to be. Thank you so much I really appreciate the advice.

christmasoompa

Here's the official webpage on K3's, as you can see it says "However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare". https://www.uscis.gov/family/family-...mmigrant-visas It really is an obsolete visa and serves no purposes as it takes longer to process than other types of spousal visas, which is why nobody applies for them any longer (and anybody that does apply has their application cancelled as they get a spousal visa first anyway).

Out of nearly 7 million non-immigrant visas issued last year across the whole world, only 5 of them were K3 visas.

porkedpie

It would mean you have to stay there until you get travel authorization.
Basically because the whole process takes so long, you can apply for permission to work and travel while it's processing. That permission is granted faster than the green card itself, but still takes months. Current average is 6 months (https://egov.uscis.gov/processing-times/historic-pt)

And as I say, your son would need to live in the UK and apply for his green card from there.This special exception to be able to apply for a green card after entering with ESTA is only for "immediate relatives" which includes a spouse but not a step-child.

christmasoompa

No, that's not an option. Either Porkedpie is misunderstanding the AOS option, or perhaps s/he isn't being clear about that they mean. You cannot enter the US as a visitor with the intention of adjusting status and staying permanently. That's illegal, and nobody here is going to recommend that.

As you are outside the US now and intending to move there permanently, your only option is consular processing.