stuwoolf

UK Spouse visa can only be applied for from the applicants home country. UK Marriage Visa last 6 months and an Adjustment of Status cant happen in country (ask me how I know.....). Isnt going to US to marry then stay contrary to US Immigration law? I am sure this is not what the OP plans to do.

Either way there may well be a period of separation after the ceremony.

What ever the OP decision is, Good Luck.

Nutmegger

Both the fiance and spouse visas are legitimate ways to come to the US. Why on earth would using a spouse visa be seen as circumvention? It allows the holder to keep on earning while the paperwork is processed, and it certainly doesn't appear to be an any more rapid route into the US.

The OP states his intention to return to the UK after the ceremony in the first post. After knowing each other for five years, I am sure they are going to be sensible and not do anything to jeopardize a future together at this stage of the game.

Rete

The real question is why the K-1 petition? Extra monies, longer wait times until you adjust status, get your employment documentation, right to travel outside of the US, etc.

The I-130, even though it will have to start off in the US, is nearly the same length of time, less money and you enter the US with an LR/CR visa and have the right to work from the first hour of entry.

There is absolutely no circumventing going on. It is above board and 100% legal.

You don't need a K-1 to come to the US, marry and leave the US.

Pulaski

Great questions, to which the answer is perhaps mostly that anything that complicates the route, and creates any degree of uncertainty in the outcome, increases the income of the legal profession.

FuelG

We plan on residing in the States once we are married. We did initially want to go down the K1 route and even gathered everything we needed to file but we didn’t know it was possible to parry with an ESTA. As mentioned it is cheaper and allows me to work the second I reach the States. I know I must leave the US once married on an ESTA and that’s exactly what I will do. I am not risking anything at all at this stage and it definitely sounds less stressful in comparison to the K1 visa.

Pulaski

Yup, that's what I did, and I had a job lined up and started work in the US six days after I arrived, before I even had my SSN, which (i) is totally legal and (ii) didn't cause my employer any issues or concerns despite being a major corporation with a payroll department, and my job being a "proper, career job", not casual, temporary, or cash-in-hand work.

civilservant

Same thing I did too. Frankly I think Mr F's question is posited the wrong way around. Why would anyone use the K1 when the processing times are basically identical?

As to your entry, I did the same thing, I just answered that I was here to visit my girlfriend. No further questions where asked. Having a positive history of entering and leaving is a significant advantage in this situation as it shows you have previously respected the rules.

stuwoolf

Its both fascinating and informative to read the comments of those who are clearly knowledgable on the subject of US Immigration. Thank you for sharing your knowledge.

Given the current travel restrictions, I presume the only options available to the OP is a visa as the ESTA/VWP option is a non starter due to the restrictions on travel from UK (the OP is, I presume, from and located in UK?) Is it still possible to travel UK to US on ESTA?

Ian_R

Exactly what I did too. I married my USC wife last year in the US and entered on my ESTA. I don't believe I mentioned about getting married to the Border Guard for the reasons already mentioned above. I'm pretty sure I just gave my reason as 'visiting my fiance'. However, I was still given a hard time by the Border Guard at Chicago for entering the US just a couple of months after a previous visit. It was 50/50 whether he was going to let me in or not and I ended up missing my connecting flight to Ohio. It wasn't the first time I'd had issues at Chicago. My advice would be to avoid transiting through Chicago at all costs. After we were married we flew to Mexico for a short honeymoon before returning back to the US and re-entering without any issues at Miami. I returned home to the UK a couple of days after. I've been back to the US a couple more times since, and each time I have had my marriage certificate and a letter from my employer with me to prevent potentially being refused entry. In the event I thankfully haven't needed them.

It is also worth bearing in mind that you will NOT be able to travel to the US on an ESTA until such time as Trump revokes the current COVID-19 travel ban for persons entering the US from the UK and the Schengen area.

Finally, think about your marriage options carefully. We opted for the CR-1 Marriage Visa route and married in the US, but nearly 9 months later we are still waiting for our I-130 to be approved! We have had no communication and no idea how much longer we will have to wait. We have submitted an inquiry, only to find out that our I-130 had been transferred from Texas to Potomac without any notification where the processing times are even longer. Even worse, USCIS is on the verge of collapse and unless it receives a $1.2bn bailout from the Government then 75% of its staff will be furloughed and processing will effectively come to an end. So, as it stands, I'm unable to see my wife for the forseeable future and no idea if and when our I-130 will ever be processed. Not good. Not good at all. It's a complete shambles.

civilservant

Just for comparison, my I-130 took 9 months to adjudicate in 2012 and that was without COVID. Processing times are going to significantly lengthen in the near future, so be prepared for a wait.

stuwoolf

Given the USCIS need for more money and the potential for a subsequent reduction in resources, a slow done in processing times propably is inevitable. However, with a bit of luck, the USC inspired applications eg Soouse visas, will be near the top of the pile to be actioned by the greatly reduced workforce.

Fingers crossed🤞

Pulaski

One small plus that those of you who's CR-1s are mired in the Covid-19 situation, is that there is a good chance that by the time things finally get settled down, and your application processed and approved, you may well end up with an IR-1 at the port of entry. ...... Even if you apply for and are approved for a CR-1, if you enter the US on your CR-1 visa after the second anniversary of your wedding, you will (should) be admitted to the US as having an IR-1 and will therefore immediately get a ten year, unconditional green card.

FuelG

Yeah, I know I cannot currently travel under the restrictions. And I don’t think we are in a real rush to get it done. Like obviously we want to be together but we still need to make sure all loose ends are tied in England and that we have enough money to make the move as smooth as possible. Hopefully the wait is still around 12 months when we file in the near future

os306

Makes you really appreciate how great the DCF option at the London USCIS Field Office was, back when it existed. Feel lucky to have been able to able to get our petition in before the deadline, but with COVID I'm not sure how much time will actually be saved prior to adjudication.

FuelG

What is DCF? Sorry I’m new to all of this.