lansbury

Something to consider. Going the I-129F route is more expensive than the I-130 & CR-1 way.

The combined cost of applying for the I-130 and CR-1 is less that the cost of applying for the I-129F and then the Adjustment of Status.

Noorah101

stocker,

Here is a good comparison chart between the Immigrant (spouse) Visa and the K-1 (fiance) Visa:

http://britishexpats.com/wiki/Compar...ge-based_visas

Take a look through that, and see which method suits you better. A lot of people don't want to spend time apart after marriage, so look into both ways.

Rene

Bluegrass Lass

You do have another, slightly less romantic option, available to you. There are many folks on here who have had, basically, 2 weddings. They do a civil wedding first, in order to meet immigration requirements, and then do the big to-do later on.

So, if you want to be able to get married in the UK in Sept, and move over to the US soon after that, you could come over to the US right now and get married by a judge. That would allow your husband to file the I-130 as soon as he has the marriage certificate. You would then return to the UK to prepare for your move over here, and for your Sept wedding. If you were able to do this pretty soon, then you might be able to move over a month or so after your Sept wedding.

It all depends on what is most important to you. Do you want to be separated while engaged, or separated while married? Do you want to be married in the US, or the UK? Are you open to 2 marriage ceremonies as I described above?

The K1 Fiance(e) visa will allow you to be together directly after marriage, but it will mean that you will have to marry here in the US, and then apply for Adjustment of Status directly after marrying. Its a bit more expensive going this route, and you really shouldn't plan your wedding at all until you have your visa in your hand. So it still is kinda hard planning a big wedding with this visa - if that is one of your must-haves.

The CR1 Spousal visa will require you to be separated after marriage, for around 8-10 months..as you cannot start the visa process until you are actually married. But this approach will be slightly less expensive on the visa fees, and you get to plan out your wedding. The drawback is obviously the separation afterwards.

Unfortunately, when dealing with immigration rules and regs, it sorta sucks the romance out of the whole wedding and engagement. You have to plan things out as best you can, and then wait for that visa in order to move forward.

stocker1984

Would I still have to wait for a fiance visa or could I go to america immediately and get married?

Thanks for your help

Noorah101

The K-1 fiance visa process takes about 8 months. So if your fiance files an I-129F in January 2012, you can come to the USA about Sept 2012 and marry him at that time. In the meantime, you can continue visiting on the VWP.

OR: You can come to the USA immediately (now) on the VWP and get married. Then you have to return to the UK to do the Immigrant Visa process, which takes about 8 - 10 months to complete. In the meantime, you can visit on the VWP.

Rene

stocker1984

So just to make sure I'm understanding everything correctly, I can come over to America immediately on a standard VWP and get married by a judge, then come back to the UK while my then-husband applies for my I-130? Do I need to do any prior paperwork, or will they marry us regardless?

Thanks everyone for your advice - I'd be stuck without it!

Michael

All you need is a marriage license which you get at the local court house. Some states require no residency and some states may require a few days before you get married. Some may even require a blood test but unusual. Some states may require a final divorce decree if previously married. Generally you need a photo id which could be your passport. Some may ask for your social security number but is not required. Sometimes there may also be slight differences between counties in states so if there are more requirements in one county than another, you could chose the easier county. Search the web for the marriage requirements in that state. You should be able to find a marriage license application for your state and/or county on line.

Once you're married and get your marriage certificate (may take a week or more after marriage or could be immediate), your husband can immediately file the I-130 even while your are in the US.

Generally they are referred to as the justice of the peace but can be a judge.

http://legal-dictionary.thefreedicti...stice+of+Peace

LDN2CHS

Would it also work if they filed for a K-1 visa now, allowing them to push forward with the process without going to the states and getting married...then had the 'special' (rather than legal) wedding in the UK in September, by which point the K-1 visa will be near completion - then they could return to the States together and have the legal wedding - at which point Stocker can stay in the states while her AOS is being approved?

paulpur

yes that would work as well, as long as the 'special' wedding wasnt legal and they werent officially married

Moxie

You don't have to be married by a judge or justice of the peace. You can be married by anyone that the state recognizes as authorized to perform marriages. There's many officiants who will marry you in a park, on the beach, in a hot air balloon, or Starbuck's. There's the drive-thru wedding in Las Vegas. Google "wedding officiant [name of city or state]" and you find long lists of people offering their services and likely an explantion of the marriage license requirements of that state. As long as you get a marriage certificate that is registered in the county records and recognized as a legal marriage, it doesn't have to be in a courthouse by a judge.

ian-mstm

I agree... but with a caution! The long time members of this forum have seen - on many occasions - when a "special wedding" or even "blessing ceremony" has been grounds to delay issuance of the visa while the local laws are researched to discover whether or not the ceremony was actually considered a legal marriage.

I believe, in at least one situation, the K-1 visa was denied and the couple was forced to start over again with a spouse visa.

IMHO, this unnecessarily adds to the stress of the entire process which is, in itself, stressful.

Ian

Noorah101

+1.

I personally wouldn't do this.

Rene

jeffreyhy

Yes indeed, but with one observation - USCIS is not likely to do any research. If it appears from the petition documentation that there may have been a marriage, USCIS will send the petitioner an RFE asking for proof that there is no marriage. As some petitioners have discovered, it can be difficult to prove a negative.

Regards, JEff