navigator33

Found many references to a UKC visiting the US while waiting for K1 to process, but how about the other way around?

My daughter is about to start the I-129F process for her beau. He is currently in the US on a VWP. They will submit application while he is here to expedite things, then she plans on going to UK with him at end of 90 days.

Is that OK, or even a good idea?

Thanks!

Noorah101

Yes, that's fine. No problem.

Rene

Pulaski

Wot she said.

That said, is the K-1 a good idea? Many people jump at the K-1 without thinking about the practicalities and consequences, and IMO don't properly consider the CR-1 alternative.

RICH

Not likely to end well when "mom" is doing the research

Pulaski

I don't know of an Englishman who would take kindly to be referred to as a "beau" either.

navigator33

Thanks for the replies. BTW, dad is doing the research...

I have read a lot of stuff on a lot of websites, and it looks like the K-1 will get them together in the US the quickest. CR-1 has advantages, but the timeframe is longer.

Fiances' income is from "virtual" sources, not a "real" job, so can be done anywhere/anytime. Goal is getting them legally married so he can begin the AOS, etc process here.

Should we have help with this? An immigration lawyer, or a website (such as rapidvisa.com)? Definitely a complicated process, lots of hoops to jump through. Hard to keep all the steps straight in my head!

Have considered their getting married while he's here on VWP, then doing I-130 after they return to UK. Would that be wise? That means they would probably be out of the US for a year or more, which they would like to avoid.

Thanks!

Rete

The I-129F and the subsequent K-1 are simple forms and a very simple process. It is fine to consult with an immigration attorney if you need to soothe your nerves but the knowledgeable people here are willing to answer questions based on their/my personal experience with the process. Nothing has changed since I filed in 1998 for the K-1 to today.

But please do not under any circumstances use a visa service group. They are not manned by attorneys and the forms are completed based on the information you provide and you still have to pay the fee for the service and the fee for the application. Better off to do it yourself, then to hire one of those services.

Please give consideration to the CR-1. The timeframe for the K-1 at present stands at around 8 months and the CR-1 stands at 10 months. It saves money in that there is no adjustment of status once he is in the US. Once here he is a permanent resident with a green card which gives him the right to work from the first day. The K-1 means he needs to marry, after marriage file for adjustment of status, an employment authorization document and the advance parole which allows him to leave the US for vacation or an emergency back in the UK while is adjustment is pending. The EAD can take up to 90 days to receive and until received all he can do is interview for work but not work, not get a driver's license, etc. under he has the EAD.

So all in all, what is so bad about waiting another 2 months? She is young and has her entire life ahead of her. Two months is a blink of an eye. So, please think about it.

BTW she cannot stay in the UK for a year or more without the proper visa. There is nothing wrong with not having instant gratification and many forum members have been separated from their spouses for a few months while the visa is pending. No one has died from abstinence on here yet. ;-)

Pulaski

There is no need for a lawyer, unless your prospecting SIL has a criminal record, or other complicating factor.

The time for both visas, beginning to end, is more or less the same.

I don't understand what you mean by "being out of the US for a year or more". For starters the CR-1 is unlikely to take a year, and secondly there is no reason for your daughter to be out of the US at all, unless she wants to be, and nothing to stop your SIL entering the US, frequently, on the VWP while his CR-1 is being processed. Once he arrives in the US on his CR-1, that is the end of the process, there is no adjustment step; at least until he is able to apply for citizenship.

navigator33

Thanks for the replies, more to consider...

No complicating factors, and coming in on a CR-1 with all the other things done is certainly looking good.

So what about their getting married while he's here on VWP, then doing I-130 after they return to UK. Have read it could be difficult to enter US on VWP while documents are pending?

They met online, he is very nice but very quiet/shy/introverted. She would like to be with him in the UK while waiting, but does not "need" to be.

Pulaski

I have never heard of that to be a problem, nor am I aware of any reason why it would be. And in fact if you know the process to get a visa, and are currently in the middle of that process, of doing things the right way, you are surely among the lowest risk of visitor to the US, in terms of things like over staying and working illegally.

That said, based on how often the question is asked on BE, it appears to be a very common mistaken belief that it is either difficult or ill-advised to enter the US, or try to, while a K-1 or CR-1 is in process. I am not aware of any basis for this belief to be true, except perhaps where there are other issues over eligibility for the visa.
I met my wife on on-line too, and that was 19 years ago, when it was still relatively unusual. There are four members of BE (well one recently "resigned"), who met their spouse on-line before I met my wife.

Noorah101

There is no problem getting married in the USA on the VWP. The I-130 can be filed while he's still in the USA.

Your daughter can go visit the UK for up to 6 months without a visa, so she can be there with him, waiting, for 6 months of the processing time. Not a good idea to make back to back trips, so plan on just one trip to the UK.

She will need to be his financial sponsor. If she is able to spend 6 months outside the USA, I assume she doesn't work. Are you planning to be the joint sponsor?

Rene

Twinkle0927

Since he us currently in the USA and entered legally as a visitor, there is nothing to stop them getting married and applying for his adjustment of status (in other words, he just stays now and doesn't return home to the U.K.). This is something that requires plenty of thought. If he goes down this route, he will not be able to leave the country for several months whist his paperwork is processed. He also will not be able to work for several months. So he will need to consider what unfinished business he has in the U.K. and whether they can afford a long period of unemployment (presumably they can as the K-1 also comes with a long period of unemployment).

Personally, I couldn't leave and just not come back but it happens more often than you would expect it to. I'm not recommending this option, just putting it out there that it is another option currently available to them.

I also don't see the benefit of a K-1 for people from VWP countries. During the CR-1 process they can both visit each other as much as they want and can afford.

navigator33

Thanks again for all the thoughts. We will think on this some more, and try to figure out what will work best for them.