Cool hand

a few months ago i wrote requesting information on Visa's which would enable me and my American girlfriend to live together, the forum was very helpful and we've spent time together on the VWP and she is coming over to the UK for Christmas.

The only problem is(and this is the part which will make everyone feel sick) is that we have fallen even more madly in love with each other and the thought of spending weeks apart(let alone months) makes us feel sick to the stomach.

As such, we have discussed marriage, We are both 25 and although are wary that people may perceive us to be rushing into things, we are convinced that we will end up with each other and we will marry each other one day anyway. Neither of us can bare these goodbyes at the airport any longer and neither of us can bare the distance between us any longer (you can put your buckets down now, thats the corny part done with )

So, i'm looking for advice on what options are open to us, neither of us are ruling out anything, we would be looking to get married originally, a very low key, small scale affair and then save up for a proper ceremony. We feel whilst we are travelling to see each other and spending time in each others countries, it isn't very condjucive to saving up for a big wedding!

Which is the best way to do this which minimalises our time apart? we're looking for options that enable us to be together and embark on a life together without time limits and visiting restrictions!

Thanks in advance for any help.

helwardman

There's a guide here:

http://www.visajourney.com/forums/in...m&page=k1guide

celticgrid

If speed and least time apart are the key criteria (trying to avoid words like "youth", "patience", etc I think the quickest way, with least time apart, would be to marry in the US and return to live in the UK.

As the GF is (according to earlier discussions) heading to the UK for a year of study I suspect the K1 route, i.e. ending up in the US is not the best way.

However, education plans may have changed...and the OP may struggle to demonstrate ability to support a wife without having a job...and the oh so many issues generally known as 'life'...

ian-mstm

To be honest, "best" is very subjective and depends on other criteria than just minimizing time apart. You will spend time apart, either engaged or married... but there are other factors also such as whether you would need to be able to work right away, or whether your finances are such that you could weather being unauthorized to work for 3 months and likely out of work for 5-6 months. I won't sugar coat this for you, but in the current US economy, it'll be difficult to find a job even if you are authorized from day one.


There are no options that meet those criteria. There will always be time limits and visiting restrictions until such time as you both hold dual UK/US citizenship.

That said, and on the assumption you both want to live in the US, there are 2 routes available via marriage: 1) you get married either in the US or the UK and the US citizen then files form I-130. The result of the I-130 petition is an "immigrant visa" and you will be come a permanent resident (= Green Card) the day you enter the US, able to live and work in the US from the start; or 2) the USC files form I-129F. The result of the I-129F petition is a K-1 (fiancee) visa. This visa allows you to enter the US for the specific purpose of marrying the USC petitioner within 90 days of entry to the US. You do not become a PR immediately (as you would with the other route), so you must then file to adjust your status to permanent resident. It's more expensive than route #1 and you will not be allowed to work until you receive authorization... but, you can start the process today if you want, whereas you would have to wait until after marriage to start the other method.

Each method has pros/cons... but that's pretty much the gist of how things work.

Ian

Duncan Roberts

Basically you have to suck up the time apart in the short term and look long term. Many, many people here have had to wait months and sometimes years to be together so your feelings are not unknown. If you do it right it's easy, relatively short and largely pain free. If you try to skirt round the easy but time consuming path then you run the risk of having long term problems.

Cool hand

Thanks for the help. One of the options we are considering is to marry in the US, i'm heading back out there for 3 months in March. My questions are, would this enable her to come back to the Uk with me for a specific time frame whilst waiting for acceptance to for me to become a resident in the US?

I fully appreciate the situation is surrounded by risks, but sometimes you just gotta take the jump. I'm not a person who would want to try and cut corners, i want this to be completely above board(why make it difficult to make plans in the future by being impatient now?)

How long from start to finish can i expect this process to take?

Cool hand

and just to clarify,

if we were to marry, she could apply for an immigrant visa for me? (would that almost make her a sponsor?) on acceptance(how long would this take?) I could live and work in the US?

Noorah101

You can get married in the USA on the VWP. The USC is able to visit the UK for 6 months without a visa, so yes...she could file the I-130 as soon as you're married in the USA, then return to the UK with you for the next 6 months. Even if you don't have your Immigrant Visa by the end of those 6 months, it will be soon after, so the time apart is minimal. The one problem with that scenario is, how will she work? She needs to be your financial sponsor on the I-864 affidavit of support. If she does not meet the income criteria, she'll need a joint sponsor.

The Immigrant Visa takes about 8 - 10 months to process.

The K-1 fiance visa takes about 6 - 8 months to process.

Rene

Noorah101

Yes, she can file an I-130 towards your Immigrant Visa right after marriage. Yes, she will be your fiinancial sponsor (form I-864, affidavit of support). If she does not meet the income or asset requirement, she will need to find a joint sponsor who does. Any USC or US PR, age 18 or over, living in the USA, who meets the income criteria, can be a joint sponsor.

She would still need this for the K-1 visa, also, if you went that route.

With the Immigrant Visa, you will become a US PR as soon as you enter the USA, with full right to live and work in the USA from Day 1.

With the K-1 fiance visa, you must marry in the USA within 90 days of your arrival, and then do more paperwork to get you PR status and work permission (this is called adjustment of status). It takes about 60 - 90 days to get the permission to work, after filing adjustment of status.

Rene

Rete

BE has its own wiki on the preparation of the K-1 visa.

http://britishexpats.com/wiki/K1

There is no way of knowing if VJ's site is up-to-date or antiquated.

Noorah101

Someone mentioned that the USC plans to study in the UK next year. Is that still the case? Just asking because if you go through all the US immigration process, you should plan on staying put in the USA for at least 3 to 5 years until you can get your US citizenship. If you get your green card, then decide to go live in the UK for a while, you run the risk of abandoning your PR status.

So you sort of need to decide ahead of time where you'll want to be living for the next 5 years or so....the USA or the UK.

Rene

Cool hand

Thanks for your help, after hours trawling the web i can happily say this place gives the best advice! I will discuss it with her tonight, we have plenty of food for thought. One of the options is getting married then living in England whilst she studies, that may be upto 2 years, so in the meantime i can apply for an American immigration visa and by the time her studies have finished(and all being well she has secured a job in the US) i will then have been accepted for PR in America and she will have the necessary income to be my sponsor.

Not easy all this malarkey, but then i don't suppose it's supposed to be!

Thanks once again and stand by for more questions!

Rete

The only problem with that scenario is that you would be applying for the Visa too early. If she has residency status in the UK, she can apply for your Visa approximately 10 months before you plan to leave the UK.

Once the Immediate Relative Visa is approved after your interview at the US Consulate it will be good for I believe 6 months. This means you must enter the US on that Visa and upon your entry your green card will be mailed to your address in the US. To tide you over until the GC arrives in the mail, the agent will place an I-551 stamp in your passport by the Visa and that stamp is indicative of your permanent resident status.

Rete

A side note here: Since she will be living in the UK, if she has the correct visa to live there and as a spouse of a British Citizen she probably would need it, you might want to wait to come to the US until she becomes a British citizen. It makes going back and forth so much easier in the future if you both of citizenship in your spouse's country.

Noorah101

Then you'll want to also look into what it takes for her to live in the UK, whether that is on a student visa, or if you sponsor her as your spouse. For those questions, you'll want to visit the www.uk-yankee.com forum.

As Rete says, make sure you don't apply for your Immigrant Visa too early. Once the visa is issued, you only have 6 months to use it. You don't want to get the Immigrant Visa during her first 18 months of study and then not be able to immigrate yet.

Also, with this scenario, you know you're also looking at time apart, while she returns to the USA and job hunts. Again, you don't want to run into the scenario where the I-864 becomes due and she still doesn't have a job. She'd have to find the job first, and make sure she has a few months of pay stubs to show on the I-864.

Rene