megmeg

Have just discovered this informative site and am daunted by the process of obtaining a fiancee visa for USA. My daughter is engaged to an American citizen and they have just started to plough through the small print of obtaining a visa. At the moment she is holidaying in the USA with him for just under 3 months on the visa waiver scheme. If they submit their application within the next few weeks, does that mean that she should return to the UK immediately or can she stay until her return flight booked for near the end of October? Also would it be possible for them to handle the whole process without using an immigration lawyer? All comments much appreciated.

Tracym

The fiance visa is a two-step process. First the USC petitions for her. Then, after the petition is approved, she applies for a K-1 visa.

I don't believe there is a problem applying for the petition while she is there - it is unlikely to be approved in the next 90 days. The whole process generally takes 6 months or more.

After she comes to the US and they get married, she has to apply to adjust status to a permanent resident.

By the way - from your post, they obviously have no intention of getting married while she is there on vacation now. They might like to just have a consultation with an immigration attorney (wouldn't cost much) to see what ALL their options are - they may have another one.

Many people do not use an attorney, as long as they have never overstayed a visa or VWP in the US, have no criminal background, and have no significant mental/medical problems.

megmeg

My daughter is engaged to an American citizen and they are investigating the application for a Fiancee visa. Is it possible to obtain the visa without using a lawyer - it sems a daunting process! She is currently holidaying in the US (visa waiver) and due to return to the UK in October. If they start the process now, would she have to return home immediately? They are hoping to marry in the USA in February 2009, is that too optimistic?

Tracym

They might consider getting married right now.

Didn't you ask this question in another thread already? Answering my own question - yes I see you did.

Here's the other thread - perhaps we should all answer on that one to keep the info in one place.

http://britishexpats.com/forum/showthread.php?t=553352

megmeg

sorry getting confused as where to place question! I'll stick to the marriage based visas section from now on! Thanks for your help.

Tracym

You're welcome.

I think both of those threads are in the marriage based visa section.

Rete

I moved your thread, meg, as it is a marriage-based visa question and the USA forum is for posting about ins and outs of life in the US.

Anything to do with immigration should be posted here.

Noorah101

It IS possible to do the process without a lawyer. Many people on this forum have done so. However, if they are finding it daunting, they may feel more comfortable having a professional handle it. Many people also do that. The choice is theirs...how much they are willing to learn, how detailed they are, how organized, how patient, etc.

The I-129F can be filed while she's in the USA. She can stay as long as her VWP allows, then return to the UK. Eventually she will attent an interview in the UK, get her K-1 visa, and return to the USA to marry and remain there permanently.

As others have said, they can also have a 1-time consultation with an immigration attorney while she's in the USA to see if any other option is available to them.

Best Wishes,
Rene