Complicated one

Old Aug 8th 2014, 11:28 am
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Default Complicated one

Hi everyone. I am english, living in ireland. My girlfriend is american and lives in nevada. We want to get married and i want to go live with her in nevada. Can you please help me with all the legal jargon, timeframe, step by step process, contacts etc? Do we need to get married in england, ireland or america? If america, is it legal for me to go there just to marry? If so, once married, can i stay? I really have no idea what way up i am at the moment! Lol!
Thanks in advance, kev
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Old Aug 8th 2014, 12:09 pm
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Default Re: Complicated one

Originally Posted by Kevrev
Hi everyone. I am english, living in ireland. My girlfriend is american and lives in nevada. We want to get married and i want to go live with her in nevada. Can you please help me with all the legal jargon, timeframe, step by step process, contacts etc? Do we need to get married in england, ireland or america? If america, is it legal for me to go there just to marry? If so, once married, can i stay? I really have no idea what way up i am at the moment! Lol!
Thanks in advance, kev
Welcome to BE

Take a look at the wikis at the top of this forum (the K1, CR1 and the marriage visa comparison table). Read. Read again. Then come back with more questions!
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Old Aug 8th 2014, 12:39 pm
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Default Re: Complicated one

Simply put, there are 2 options.

1) Get a visa, go to the US, Marry and stay (K1)

3) Get married (does not matter where, but you'll need to leave the US before your tourist visa expires if it's there) and apply for a visa from your home country, then move to the US. (CR1)

Both processes will involve the best part of a year before you can make the move.

Do not listen to anyone who claims to have entered as a visitor, got married and stayed. If that was their intention when they entered the US, then what they did was illegal and they were lucky. Don't do it.

Last edited by civilservant; Aug 8th 2014 at 12:41 pm.
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Old Aug 8th 2014, 1:01 pm
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Default Re: Complicated one

Originally Posted by Kevrev
Can you please help me with all the legal jargon, timeframe, step by step process, contacts etc?
This will get you started. Read, digest, read again... and then ask questions. You basically have two options: 1) get married and subsequently apply for a CR-1 visa; or 2) get a K-1 visa and enter the US to get married and adjust status (= green card). Both take about the same length of time... about 8-10 months from filing the initial petition until you get the visa in your passport.


Do we need to get married in england, ireland or america?
You can get married wherever you want, unless you do a K-1 visa in which case you must marry in the US.


If america, is it legal for me to go there just to marry?
Yes.


If so, once married, can i stay?
Not legally, no. Marriage to a USC, by itself, does not confer any US immigration benefit. Further, it is illegal to enter the US as a visitor with the intent to stay to adjust status. Some try it and get away with it... others don't - and there's no way to know, in advance, which group you're going to end up in. If caught, you could end up with a lifetime ban from the US.

Read... digest... read again - and then ask questions.

I'll just add here that this isn't a complicated situation at all... indeed, it's quite normal and routine.

Ian
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Old Aug 8th 2014, 2:14 pm
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Default Re: Complicated one

Thankyou bunnygirl, civil servant and ian Thats great. So regarding the cri or k1.....where do i get them from? I looked on the american embassy in london website but cant find what im looking for. Would i have to do it from ireland as i am currently living in ireland? Or england as i am officially an british national? What are the costs involved?
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Old Aug 8th 2014, 2:32 pm
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Default Re: Complicated one

Originally Posted by Kevrev
Thankyou bunnygirl, civil servant and ian Thats great. So regarding the cri or k1.....where do i get them from? I looked on the american embassy in london website but cant find what im looking for. Would i have to do it from ireland as i am currently living in ireland? Or england as i am officially an british national? What are the costs involved?
Kev, look at the link that Ian sent you in his reply (it was a hyperlink starting with the word 'This')

You have to apply to the US Embassy from where you are currently residing (are you in Ireland on a permanent basis or just visiting?), either through the CR1 route or the K1 route. The information is readily available on the US Embassy website, as are the forms for applying. Check out uscis.gov as well, as that is another site you will be frequenting when going through the process.

The costs run into several thousands of pounds when you consider not just the costs of the visa process itself (Around 1100GBP), moving costs (2-3000GBP possibly depending on your budget) and flight (anywhere between 1500-4000GBP depending on who, what, where you fly to in the US) - the process is straightforward, but you need to be organized and ensure you meet the deadlines at each step.

The US Embassy London website is quite useful to look at as a general reference guide, but there may be local differences so I would suggest you also look at the US Embassy website for Ireland too. You need to look at the sections that involve filing a petition (the first step), applying for a marriage visa etc. Once you have done that, then do feel free to come back with your questions on the process.
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Old Aug 8th 2014, 2:34 pm
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Default Re: Complicated one

Originally Posted by Kevrev
... where do i get them from?
Did you read, digest, and read again? Did you follow the links in the Wiki article?


I looked on the american embassy in london website but cant find what im looking for.
I'm not surprised - you can't apply for a visa until after your USC spouse or fiancee submits a peition on your behalf. Read first...


Would i have to do it from ireland as i am currently living in ireland? Or england as i am officially an british national? What are the costs involved?
Y'see... this is the reason why we ask people to read first. These are basic questions that are covered in the Wiki.

Yes - the article is long and involved, but you must do your own research.

Ian
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Old Aug 8th 2014, 2:37 pm
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Default Re: Complicated one

Originally Posted by Kevrev
Thankyou bunnygirl, civil servant and ian Thats great. So regarding the cri or k1.....where do i get them from? I looked on the american embassy in london website but cant find what im looking for. ?
Really?

Marriage to a U.S. Citizen | Embassy of the United States


Originally Posted by Kevrev
Would i have to do it from ireland as i am currently living in ireland? Or england as i am officially an british national?
If you're resident in Ireland then you can interview in Dublin.

http://dublin.usembassy.gov/immediate_relatives.html

http://dublin.usembassy.gov/fiancees_visas2.html


Originally Posted by Kevrev
What are the costs involved?
A K1 will cost approx. $2000, a CR1 approx. $1300.

Last edited by BunnyGirl; Aug 8th 2014 at 2:40 pm. Reason: ETA Dublin links
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Old Aug 11th 2014, 2:28 pm
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Default Re: Easy one

Originally Posted by ian-mstm
Did you read, digest, and read again? Did you follow the links in the Wiki article? ...
If it makes the OP feel any better, contrary to the thread title, this does not appear at all complicated, in fact, unless there are many things the OP hasn't told us, this is a straightforward case.

Complicated cases involve would-be immigrants with arrest/ criminal records, medical issues, a drug habit, dependent children with a non-cooperative "other parent", and/or a US fiancé(e)/spouse with insufficient income to support their new family, thereby necessitating a joint-sponsor; or some combination thereof.
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Old Aug 19th 2014, 10:45 am
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Default Re: Complicated one

I dont have any convictions (just minor scrapes as a kid), no interest in drugs, no medical problems to speak of (asthma and a little bit of psiorsis, nothing communicable), no dependant kids. BUT heres the difficult bit.......Other than marriage, what is the best way in?
My girlfriend is American but it is a long distance relationship at the moment which we are both eager to change, although we dont know if we are going to actually "work" or not untill we are closer and can build a relationship without it having to be via skype etc so we dont really want to get married straight away. What other ways are there?
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Old Aug 19th 2014, 10:56 am
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Default Re: Complicated one

There really aren't, unless you qualify for a work or investment visa.

There is no 'try it out with the girlfriend' visa I'm afraid - many couples are forced to get married earlier then they would perhaps have done so for this very reason.
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Old Aug 19th 2014, 11:11 am
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Default Re: Complicated one

Originally Posted by Kevrev
I dont have any convictions (just minor scrapes as a kid), no interest in drugs, no medical problems to speak of (asthma and a little bit of psiorsis, nothing communicable), no dependant kids. BUT heres the difficult bit.......Other than marriage, what is the best way in?
My girlfriend is American but it is a long distance relationship at the moment which we are both eager to change, although we dont know if we are going to actually "work" or not untill we are closer and can build a relationship without it having to be via skype etc so we dont really want to get married straight away. What other ways are there?
Have a really good read of this, and if you think you qualify for any of the visas listed there then please come back and ask more. The US is one of the hardest countries to get into, for get the 'Uncle Sam needs You' it's Uncle Sam makes it very hard for you to get here. Marriage is by far the simplest way for people to get into the USA to live with out a shed load of money.

http://britishexpats.com/wiki/Pulask...ork_in_the_USA
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Old Aug 19th 2014, 11:36 am
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Default Re: Complicated one

Originally Posted by Kevrev
BUT heres the difficult bit.......Other than marriage, what is the best way in?
Generally speaking, there are 3 routes to the US: family-based; employment-based; and investment-based. I'll note that in your first post you specifically wrote: "We want to get married..." You can't really have it both ways!

If family-based is out, as you suggest, then that leaves the other two. On the assumption that you don't have a huge wad of cash lying around, then investment-based is also out. That leaves employment-based.

Since no one here knows what you do for a living, or what education you have, it's difficult to suggest a course of action. Again, generally speaking, to get an employment-based visa you must not only have a bona fide job offer from a US-based employer, you must have at least a Bachelor's degree, and they must start the visa process on your behalf. So... what skills do you have that will entice a US employer to spend many thousands of dollars to get you a visa when there are already many thousands of people in the US who are authorized to work, can start tomorrow if asked, and won't cost the employer anything?

Just get married - it'll be so much easier all around.

Ian
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Old Aug 19th 2014, 6:31 pm
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Default Re: Complicated one

If there is a legitimate relationship in the first place, it is OK for immigration to be the motive for marriage. What is NOT allowed is a "marriage of convenience" for the SOLE purpose of obtaining a green card [e.g. no underlying marital relationship].
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Old Aug 26th 2014, 10:30 am
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Default Re: Complicated one

Originally Posted by ian-mstm
Generally speaking, there are 3 routes to the US: family-based; employment-based; and investment-based. I'll note that in your first post you specifically wrote: "We want to get married..." You can't really have it both ways!

If family-based is out, as you suggest, then that leaves the other two. On the assumption that you don't have a huge wad of cash lying around, then investment-based is also out. That leaves employment-based.

Since no one here knows what you do for a living, or what education you have, it's difficult to suggest a course of action. Again, generally speaking, to get an employment-based visa you must not only have a bona fide job offer from a US-based employer, you must have at least a Bachelor's degree, and they must start the visa process on your behalf. So... what skills do you have that will entice a US employer to spend many thousands of dollars to get you a visa when there are already many thousands of people in the US who are authorized to work, can start tomorrow if asked, and won't cost the employer anything?

Just get married - it'll be so much easier all around.

Ian
Hmmmm.....
No qualifications above gcse. No reason an employer will do that! Lol! I am qualified in pest control not that i think that will get me in. I am planning to start my own jewelry making business soon. Again, that wont qualify me for entry, i dont think anyway? Unless it takes off and then i can expand to america?
Other than that, marriage it is
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