HE PROPOSED (next steps in what I should do the right way!)
Jan 12th 2019, 6:44 pm
#1
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Joined: Jan 2019
Posts: 18
HE PROPOSED (next steps in what I should do the right way!)
He proposed.
I came here for Christmas and 60 days ago I quit my job, as I am going through work transition and I decided to visit some family and my boyfriend.
Plan to go back in less that 30 days and focus on new career path.
So ive been taking a long Long holiday. I have less than 30’s left on my esta and I have a return ticket!
As I’ve stated I don’t have a job right now, and I just thought i have free lodge so spending wise it was just food trips etc.
(Not needing to spend so much and I am doing some online studying so I’m enjoying this time off)
My boyfriend of 4 years proposed yesterday randomly and I’m over the moon but really confused with what to do.
1- Do I stay get married and then apply for K1 ? (Will the fact I’ve been here 60 days affect me? Is it extended or does that mean I have 30 days to marry ?
Do I apply whilst in America or head back? I don’t want to get in trouble.
2- go home apply for the K1 Visa and then return and get married ?
(Can I come back and visit him and family)
Gets costly and I’d rather but that money into future.
I didn’t plan on this happening but I could stay completely. I mean I could get married start building our life’s together.
Maybe this is supposed to be you know.
I was self employed when I was in UK and I prefer it, what are the rules on starting a business here?
My boyfriend would obviously sponsor me and Please take into consideration I have student loans to Pay off and credit card, however credit is good.
I have no income coming in as I stopped working and I’ve come here on tourist visa.
Should I seek a lawyer or can i do it on my own. I don’t mind either way. I want it to be done right way so I can start my life together with him!
Thank you for the support !
I came here for Christmas and 60 days ago I quit my job, as I am going through work transition and I decided to visit some family and my boyfriend.
Plan to go back in less that 30 days and focus on new career path.
So ive been taking a long Long holiday. I have less than 30’s left on my esta and I have a return ticket!
As I’ve stated I don’t have a job right now, and I just thought i have free lodge so spending wise it was just food trips etc.
(Not needing to spend so much and I am doing some online studying so I’m enjoying this time off)
My boyfriend of 4 years proposed yesterday randomly and I’m over the moon but really confused with what to do.
1- Do I stay get married and then apply for K1 ? (Will the fact I’ve been here 60 days affect me? Is it extended or does that mean I have 30 days to marry ?
Do I apply whilst in America or head back? I don’t want to get in trouble.
2- go home apply for the K1 Visa and then return and get married ?
(Can I come back and visit him and family)
Gets costly and I’d rather but that money into future.
- Go home and apply for the c-12 (or something) and then when that approves come back and marry.
I didn’t plan on this happening but I could stay completely. I mean I could get married start building our life’s together.
Maybe this is supposed to be you know.
I was self employed when I was in UK and I prefer it, what are the rules on starting a business here?
My boyfriend would obviously sponsor me and Please take into consideration I have student loans to Pay off and credit card, however credit is good.
I have no income coming in as I stopped working and I’ve come here on tourist visa.
Should I seek a lawyer or can i do it on my own. I don’t mind either way. I want it to be done right way so I can start my life together with him!
Thank you for the support !
Jan 12th 2019, 8:52 pm
#2
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Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
Re: HE PROPOSED (next steps in what I should do the right way!)
Congratulations. I'm going to address your immigration questions as your post had a lot of questions in it.
You have 3 options:
Option 1
Get married now. A simple courthouse wedding would do. Return back to the UK and your husband would file I-130 petition. You will eventually be processed for a CR-1 visa at the US embassy in London. You will then fly to the USA and be admitted as a permanent resident, able to start work immediately.
Option 2
Return to the UK and your fiance will petition as an I-129F fiance. Eventually you would get a K-1 visa and enter the US. You have 90 days to get married and then file I-485 for adjustment of status. You'll be unable to work for about 100 days after filing I-485 (along with your EAD application).
Option 3
Get married, stay in the USA and file for I-130/I-485. Something to do with an attorney and has risks. Generally not recommended at all.
All of the above options have more to them, but hopefully you get the gist of it. Option 1 would likely be the most recommended route.
You have 3 options:
Option 1
Get married now. A simple courthouse wedding would do. Return back to the UK and your husband would file I-130 petition. You will eventually be processed for a CR-1 visa at the US embassy in London. You will then fly to the USA and be admitted as a permanent resident, able to start work immediately.
Option 2
Return to the UK and your fiance will petition as an I-129F fiance. Eventually you would get a K-1 visa and enter the US. You have 90 days to get married and then file I-485 for adjustment of status. You'll be unable to work for about 100 days after filing I-485 (along with your EAD application).
Option 3
Get married, stay in the USA and file for I-130/I-485. Something to do with an attorney and has risks. Generally not recommended at all.
All of the above options have more to them, but hopefully you get the gist of it. Option 1 would likely be the most recommended route.
Jan 12th 2019, 9:03 pm
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: HE PROPOSED (next steps in what I should do the right way!)
You can get married in the USA, but then you can't do the K-1 visa, as that's meant for engaged couples only.
No, your length of stay on VWP in the USA will not affect either of the marriage based visa processes. (don't overstay past 90 days, though, as that will affect your ability to visit again during the process).
Your VWP visit does not get extended, no. You can marry within the next 30 days, as long as you leave before your VWP 90 days is up.
If you get married within the next 30 days, the I-130 can be filed while you're still in the USA, and then you'll head back to the UK, where the rest of the process will take place. You can still visit the USA during the process.
This is also an option, yes. Most people prefer the CR-1 spouse visa, though, because you become a US PR upon entry to the USA.
Yes.
True. So you have the option of visiting or not. Also, he can visit you as well.
No, you have this one wrong. If you marry now, it's the CR-1 visa, but you'll already be married, so when it's approved you simply move to the USA (not the "and marry" part).
If you are thinking of remaining in the USA on this trip to adjust status after marriage, just know that this comes with some risk. If you want guaranteed results, don't do it.
No real rules, you just have to have work authorization, so you'll be able to be self employed if you marry now, get the CR-1 visa, and return to become a US PR upon entry.
Your income has no bearing on the financial sponsorship, so your income, student loans and credit card debt are not a consideration. Neither is your credit. Wait, you say now you have a tourist visa? Do you actually have a B-2 tourist visa in your passport? Up until now it sounded like you were visiting on the VWP.
No need for a lawyer unless you have a criminal history or prior immigration issues.
Rene
(Will the fact I’ve been here 60 days affect me?
Is it extended or does that mean I have 30 days to marry ?
Do I apply whilst in America or head back? I don’t want to get in trouble.
2- go home apply for the K1 Visa and then return and get married ?
(Can I come back and visit him and family)
Gets costly and I’d rather but that money into future.
Go home and apply for the c-12 (or something) and then when that approves come back and marry.
I didn’t plan on this happening but I could stay completely. I mean I could get married start building our life’s together.
I was self employed when I was in UK and I prefer it, what are the rules on starting a business here?
My boyfriend would obviously sponsor me and Please take into consideration I have student loans to Pay off and credit card, however credit is good.
I have no income coming in as I stopped working and I’ve come here on tourist visa.
I have no income coming in as I stopped working and I’ve come here on tourist visa.
Should I seek a lawyer or can i do it on my own. I don’t mind either way. I want it to be done right way so I can start my life together with him!
Rene
Jan 12th 2019, 9:45 pm
#4
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: HE PROPOSED (next steps in what I should do the right way!)
Marrying, staying, and trying to adjust has an arguably very small, but non-zero risk of things turning pear-shaped, with a ban from entering the US, upto and including a lifetime ban, being a possibility, even if you hire a lawyer. For this reason I concur with Tom, recommending the "marry and return to the UK to apply for a visa" route. If you decide to try the "marry and stay" route, I would recommend hiring a lawyer.
With the K-1 route and the "marry and stay" route there will be a significant period of six months (K-1) to a year plus (marry and stay) during which you cannot work, AND during which time if you leave the US your immigration process aborts (K-1) and you will get a ban from returning (marry and stay).
With the K-1 route and the "marry and stay" route there will be a significant period of six months (K-1) to a year plus (marry and stay) during which you cannot work, AND during which time if you leave the US your immigration process aborts (K-1) and you will get a ban from returning (marry and stay).
Last edited by Pulaski; Jan 12th 2019 at 10:44 pm.
Jan 12th 2019, 10:12 pm
#5
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Joined: Jun 2011
Location: Los Angeles
Posts: 6,159
Re: HE PROPOSED (next steps in what I should do the right way!)
And once you're able to work you can start a business.
If you need any pointers on that let us know. Rules for setting up a business vary by State.
If you need any pointers on that let us know. Rules for setting up a business vary by State.
Jan 12th 2019, 10:43 pm
#6
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: HE PROPOSED (next steps in what I should do the right way!)
And just a reminder that the "starting a business" questions should be posted in our Main USA forum.
Thank you
Rene
Moderator
Thank you
Rene
Moderator
Jan 13th 2019, 1:35 am
#7
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Joined: Jan 2019
Posts: 18
Re: HE PROPOSED (next steps in what I should do the right way!)
Which way would be the safest and the most time efficient ?
How long do all of them take ?
Thank you
How long do all of them take ?
Thank you
Jan 13th 2019, 1:41 am
#8
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Joined: Jan 2019
Posts: 18
Re: HE PROPOSED (next steps in what I should do the right way!)
Ok... So...
If I return to Uk as a engaged lady, he would apply for I-130 ?
how long does that usually take for me to be then able to come back and get married ?
Once I am then married I would then leave again ?
Sorry I'm tad confused.
I would like to be with my partner and start future. Could anyone advice the best route to now make this happen.
or please give me the steps in which I need to take ?
If I return to Uk as a engaged lady, he would apply for I-130 ?
how long does that usually take for me to be then able to come back and get married ?
Once I am then married I would then leave again ?
Sorry I'm tad confused.
I would like to be with my partner and start future. Could anyone advice the best route to now make this happen.
or please give me the steps in which I need to take ?
Jan 13th 2019, 1:45 am
#10
BE Forum Addict
Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
Re: HE PROPOSED (next steps in what I should do the right way!)
Ok... So...
If I return to Uk as a engaged lady, he would apply for I-130 ?
how long does that usually take for me to be then able to come back and get married ?
Once I am then married I would then leave again ?
Sorry I'm tad confused.
I would like to be with my partner and start future. Could anyone advice the best route to now make this happen.
or please give me the steps in which I need to take ?
If I return to Uk as a engaged lady, he would apply for I-130 ?
how long does that usually take for me to be then able to come back and get married ?
Once I am then married I would then leave again ?
Sorry I'm tad confused.
I would like to be with my partner and start future. Could anyone advice the best route to now make this happen.
or please give me the steps in which I need to take ?
All in all I would guess a year from filing to being back in the USA. You would get married and remain in the USA.
However, best route would be to get married on Monday morning and start the I-130 process. Then leave the USA and eventually have a CR-1 visa.
Jan 13th 2019, 1:47 am
#11
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: HE PROPOSED (next steps in what I should do the right way!)
Safest is the CR-1. Neither of them are time efficient.
The K-1 and CR-1 both take about the same amount of time. 12 to 14 months or so.
Rene
How long do all of them take ?
Rene
Last edited by Noorah101; Jan 13th 2019 at 1:54 am.
Jan 13th 2019, 1:51 am
#12
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: HE PROPOSED (next steps in what I should do the right way!)
how long does that usually take for me to be then able to come back and get married ?
Once I am then married I would then leave again ?
I would like to be with my partner and start future. Could anyone advice the best route to now make this happen.
Rene
Jan 13th 2019, 2:02 am
#14
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Joined: Jan 2019
Posts: 18
Re: HE PROPOSED (next steps in what I should do the right way!)
OK, I'm sorry will head over there
Jan 13th 2019, 3:04 am
#15
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Joined: Mar 2004
Posts: 2
Re: HE PROPOSED (next steps in what I should do the right way!)
Do you need to go home anytime soon?