Besenyi

Hello all, I am a newbie who is at the very beginning of her journey and desperately seeking advise, so here is my story...
I am British and reside here in the UK, but I have met and fallen in love with an American man, living in Georgia.
He has actually just left last night, to return home, after spending two wonderful weeks here with me over Christmas.
We met online but maintained a relationship for 2 years before meeting, so this has not been a rushed affair.
Over Christmas he made me the happiest woman alive, when he proposed to me and I instantly accepted.
But after having to part from him last night in floods of tears, I know I have to be with him asap.
I do not mind where we live, but I have heard it would be harder for him to move here and also costly.
We both work and are saving for a future together, but neither of us have 16 thousand in savings, which I hear is what he would need to live here.
We want to marry as soon as possible, not for sneaky reasons, just because we are hopelessly in love with each other, but again I hear this is frowned upon and it is better to do a K1? fiance visa?
Obviously we do not want to do anything that could hurt our chances of being together, but with conflicting information it is hard to know what is the best and quickest way to a life together.
He works with a British expat who now resides in Georgia, he and his wife simply married and then did a change of status while he was there and poof that was it, he has been in the states for 10 years now.
Again this was 10 years ago and things may have changed.
Also I have a son who is 15, so I cannot afford to quit my job and sell up most everything I own, to take a flight, marry and then be told you cannot stay.
On top of that my son is doing his gcse's and will not finish until sept 2015, would what he has done so far be transferable in the USA as I do not want to hurt his education.
Please if anyone out there has been in my shoes or could advise me on how to even begin, what seems like a mountain to climb, I would be extremely grateful for your help, many thanks in advance

Jerseygirl

Welcome to BE. . As your post contains quite a lot of detail I have moved it over to the US Marriage Based Visas Forum. I am sure someone will be along soon to help you. Good luck.

Besenyi

Thank you so much, I have not had to do anything like this before, so I really did not know where or how to start

Jerseygirl

No problem...you are doing well. You did post in the correct forum...the Welcome Inn is for new members to introduce themselves. As your post contained a lot of detail...I thought it best to move it over to this forum where it will be seen by the people who have the knowledge to help you.

civilservant

Your two options are K1 or CR1 - both will involve a considerable amount of time (many months) apart before you can move to the US.

K1 - Your fiancee files an I-129f, when that is approved (5 months or so) you apply for the visa (3 months or so) and enter the US and marry within 90 days. After this you must file for Adjustment of Status. This is the fastest way, but is more expensive and leaves you unable to work or leave for several months when you are inside the US.

CR1 - You visit each other (who visits who dosent matter) and marry. You then return to your home countries. Your spouse files an I-130 application, when that is approved (again many months) then you apply for the visa and when granted enter the US. The benefit of this is that you are a Permanent Resident from the day you arrive in the US. The downside is that you are apart when married for many months.

You should budget approx $2k for the whole process, not including flights.

Both of these options will require that your fiancee/spouse supplies proof of the capability to support you financially - in your case, he would need to earn around $22k to sponsor you. If he dosent, he can use a joint-sponsor, which can be any USC or PR which earns the requisite amount.

Do not under any circumstances follow the advice of your friend, enter as a visitor, marry, and attempt to adjust status. Not only is this illegal, but if something goes wrong it can leave you deported with a permanent ban from the US.

As to schooling - I would not advise pulling him out of school before he finishes his GCSEs, personally. Also you will need to seek the fathers permission to remove him from the UK. If he disagrees, it's likely he won't be going anywhere.

Noorah101

Hello and Welcome to BE!

There are two legal paths you go do: The K-1 fiance visa or the spouse Immigrant Visa. See this link for a comparison of the two ways: http://britishexpats.com/wiki/Compar...ge-based_visas

For more information on the K-1, see here: http://britishexpats.com/wiki/K1

For more information on the Immigrant Visa, see here: http://britishexpats.com/wiki/CR-1

The *fastest* method is the K-1 visa, because it can be started right now, and takes about 6 - 8 months to process.

The Immigrant Visa takes about 8 - 10 months to process, and can't be started until you are legally married.

It's OK for you to come to the USA on the VWP in order to get married, if you want to, but it's illegal to misrepresent yourself as a tourist at the POE if your real intent is to remain in the USA and adjust status (as your friend did). I suggest not going down that route, especially with your son involved, because if your AOS is denied, you will be removed from the USA with a possible ban from returning.

You will need permission from your son's father to remove him from the UK.

Read the links and then come on back with any questions.

Rene

civilservant

I don't believe we should really be giving those timescales anymore - a quick look at the processing times tell you they aren't accurate. I-130s are taking 8 months on their own.

HartleyHare

Congratulations on your forthcoming marriage

With regards to your son's education, I would also agree with allowing him to complete his GCSE's, however it is probably worth starting a separate thread about this in the main US forum. There are quite a few people that read that forum that also have children and would be able to give you advice in this respect. The US schooling system is quite different as children tend to graduate at 18. University costs are astronomical and there is not the "pay later" system that we have in the UK.

Noorah101

That's why we say "about" or "roughly". True, processing times speed up and slow down all the time, so whatever estimates we give on here are to be taken with a grain of salt (same as taking whatever USCIS posts with a grain of salt as well).

Rene

Besenyi

Thank you all for your comments, at last some clear, straight forward advice!
I think the K-1 will be best for us.
I just cannot express what a huge help you have all been to me today

In regards to my son, it is possible for him to stay with his father until the completion of his exams, but I am curious on how he would come to live with me in the USA after.
My son actually does wish to move with us, with him being under 18, am I right in thinking he will be entitled to live with me in America when he is ready?
And also on seeking his fathers permission to remove him, what age does he have to be to make his own decision, as again I hear it is 16 without consent, but with all the prior bad information I am now dubious.

Not to go into too much detail, but the separation from my unfaithful ex became rather bitter on his part, did the dirty then realized what a huge mistake he made when he lost me.
But it is because of this, I am worried that if he can do anything to keep me here that he will.
He makes considerably more money than me and so it will not be any trouble for him to visit our son on a regular basis, and as I say my son wants to get away and make a fresh start with me of his own choosing.
Again thank you in advance for your replies

Noorah101

I don't have answers as I'm not really up on the detials of how children immigrate (other than he'd get a K-2 when you get your K-1, if he's coming over with you). With him being so close to age 18, though, you will want to double check on CSPA (Child Status Protection Act, I think) and how he might "age out" before you can get visas.

If he does not immigrate at the same time as you do, and wants to stay in the UK one more year, he wouldn't be able to use the K-2 visa anymore. You'd have to file a petition for him yourself, as a US PR, which could take some time to process because those categories can have backlogs. Check the visa bulletin for details, he would be in category F2A (child of a US PR, if he's under 21). http://www.travel.state.gov/visa/bul...etin_6228.html

Also check on what age he can make his own decision and won't need dad's permission to leave the UK.

Rene

hungryhorace

Agree with the overall sentiment, it's definitely not the formal route, but it is a route that lots take and succeed at. Like civilservant says, it's full of risk. It isn't 'illegal' per se AFAIAA either. If I were in your position, I would *NOT* be attempting this route under any circumstances. Have your visa approved in the UK then travel to live in the US if that is the country you both wish to reside in.

Have you both discussed which country is most appropriate for your to both reside in? Do you earn over 18k GBP? If so, you can sponsor him here.

Steve_

I don't agree that K-1 is the best or fastest method to do it, because it's a non-immigrant visa and then you have to apply for AOS and an EAD as well. Lot of unnecessary paperwork.

Get married, he files an I-130 for you (and various other things like the I-864), you apply for and get an immigrant visa and then you're in and they just stamp your passport.

You're a conditional permanent resident either way and have to apply for removal of conditions on I-751 after two years.

Steve_

Not necessarily, depends on what the intent is at entry. There's the whole 30/60 day argument but anyway I would go the I-130 route in this situation.

Noorah101

A K-1 visa will get you to the USA faster than an Immigrant Visa will. But the Immigrant Visa is faster to get US PR status than the K-1 visa.

Some people want to physically be together faster, even if there's more paperwork involved, and don't want to be seprated after marriage...the K-1 is good for those people.

Some people don't mind being separated after marriage, and want to be a US PR upon entry to the USA (so they can work, etc). The Immigrant Visa is good for those people.

Rene