Kade9

Hi,

I'm a UKC and my girlfriend is a USC. We've been together 18 months, but now we're apart with her in the US and me in the UK. We want to get married. We're prepared to go through the pain of months and months apart to do this properly and get the proper visa(s). Our preferred choice is to live in the US (Florida). Any help on the following questions would help our planning and be massively appreciated.

Is it best to get married in the UK or the US? Can I go to the US on the VWP and get married then.

How long on average does the CR1 application process take? Would it be quicker and/or easier for her to get the UK Spousal Visa than me go for the CR1?

Are there any good online resources that show a simple timeline of the steps and costs of the CR1 application?

Can I visit the US on the VWP during the CR1 application?

Thanks for any help!

ian-mstm

"Best" is what works for you! As far as US immigration is concerned, it doesn't matter where you get married.


Yes.


From the time the I-130 petition is sent in, until you get a visa in your passport... about 6-8 months.


Yes... if you both want to live in the UK.


Yes... start with our Wiki (in the blue bar at the top of the page).


Yes.

Ian

agentpeppermint

Ians always good at answering all of your questions in one go!

Should add though, that coming to the US on the VWP marrying, then STAYING with the intent to adjust status is NOT recommended and is against the VWP rules.

Feel free to Marry on the VWP, but go home! ( my advice! )


It is faster to get a spousal visa to the UK, the way it reads it comes off as being impossible to get, but some people have had it in as little as 3 days. Also, to get married in the UK you need a visa to do so, no local registrar will marry you without the proper credentials... this amounts to roughly 500 pound.

Kade9

That's brilliant info, expertly expressed...thanks for taking the time to help.

Your answers have prompted another couple of questions.

If we were to go for my girlfriend getting the UK Spousal visa so that we can be together whilst I apply for the CR1, what's the situation regarding permanent living/working status? Am I right in thinking that both the UK and USA visa's give you temporary living/working status for about two years, then you have to 'upgrade'?

Can we ultimately both have the right to live and work in each others respective countries?

Also, I'm fortunate to be getting a Sabbatical in the summer to go to the US. The plan is for me to be there for 6 weeks on the VWP. Am I going to have trouble at immigration if I say I'm just staying with my girlfriend for six weeks? I've read comments by some people advising that you shouldn't say you're there to stay with a girlfriend/boyfriend because immigration will fear that you won't go home!

Cheers,

Ross

S Folinsky

A totally OT comment: Your caption is for "a couple of questions," but I count six in the body of this post.

[I do that myself from time to time. However, a "couple" is not the same as "few."]

ian-mstm

I'm not sure what it is you're asking! If she were to get a UK Spouse visa then she can live in the UK with you while your CR-1 visa is processed. However, it will still take 6-8 months for the visa to process after she submits the I-130 petition... which must still be submitted to the US since she must live in the UK for 6+ months before London will process it directly. Further, London has become really picky about whose petition they will process and whose they will not.

If you'd care for a word of advice... go one way or the other - but don't try to do both. Accept the fact that there will be a period of separation either as an engaged couple (K-1 visa) or as a married couple (CR-1 visa). If you were to ask which is the superior visa (all things considered), I suggest the CR-1 visa.


I can't speak to the UK visa, but the CR-1 visa is not temporary. You will become a US permanent resident the day you arrive in the US with that visa with *full* rights to live and work in the US. What you call "temporary" is, in fact, "conditional". The condition is that in 2 years time, you must apply to remove the 2-year condition on your status. That isn't the same as not having full legal rights. You *will be* a PR the day you arrive in the US with a CR-1 visa.


Yes... but *only* if you both have dual US/UK citizenship. This is *not* something you can both do at the same time. One of you needs to have dual citizenship before the other can. Consider it a desirable long-term goal.


Maybe yes, maybe no. It depends on whether or not you are specifically asked with whom you're staying and for how long. If you are not asked the question, you are not obligated to volunteer the information. Answer only the question asked. A perennial favorite example is "Do you know what time it is?" The only appropriate answer is "yes" or "no". You were not asked what time it is, but whether you knew what time it is.

If asked why you're here and what you'll be doing, then "6 weeks for pleasure" is a perfectly acceptable response, as is "6 weeks to visit friends".

That said, many people ask if they're going to have a problem when entering the US on the VWP... a precious few do... thousands don't. Don't focus on the few!

Ian

Kade9

You're a star, thanks for the further answers.

I felt I was struggling to express myself properly with that first section. I guess the nub of it was about how quickly and easily we could both get dual citizenship, if at all.

Taking one step at a time sounds like the main advice!

With this info and the Wiki pages we can now plan things, so thank you - very much appreciated!

Ross

agentpeppermint

My husband will be eligible for US citizenship in 2013 from approval in 2010.... Once you obtain this, you can move back to the UK...where your spouse can be admitted on a spousal visa with intent to settle, in the UK, after 2 yrs of living there on a spousal visa you can apply for British Citizenship... so all in all, if you start now, you could have your US cit by 2014 and your wife by 2017 at the latest.


This btw, is our long term plan...well 10 yr... we also have a dual citizen baby and my twins whom my husband adopted will be applying for british citizenship therefore making them duals.

Kade9

The final piece of the puzzle! That's great, thank you!