Re: K-1 advice
 

The thing is, it's not an extension. It's a whole new EAD application, with another 60 to 90 day processing time. Yes it would mean taking time off between EADs.

Rene

Re: K-1 advice
 

But the mechanism is different and you wouldn't be facing five months or more without a job and dependant entirely on your fiancé(e)/ spouse for support.

Re: K-1 advice
 

When you do the spouse Immigrant visa path, the I-864 is required way ahead of you getting the visa. Your savings can be included on your spouse's I-864 because that would be considered joint assets. But your income would only be allowed if it were going to continue from the same source once inside the USA.

I take it your fiance does not earn enough right now? Can she not think about using a joint sponsor when the time comes? Or, if you still have your savings when the I-864 is due for AOS (after the K1 every), it can be included because you'll be married then.

Rene

Re: K-1 advice
 

You didn't read the link I provided, did you? Once you've read the information, you'll have even better questions than the ones you're asking now. This is all basic stuff - and we put it in the wiki so we don't have to keep answering the same basic questions over and over each time someone new comes along!

Read first, digest, read again, digest some more... and then ask questions!

Ian

Re: K-1 advice
 

ok, here's one regarding a CR-1, if we went that route and on the visit, we got married, is there a certain amount of time expected to be married before the CR-1 process can be started? i have been looking around some and not really found anything to help with that

Re: K-1 advice
 

No.

Rene

Re: K-1 advice
 

Nope, you could mail off the first batch of paperwork on the way back from the courthouse. :)

Re: K-1 advice
 

I didn't realise it would have been as simple as that to start the process.

Overall, it would appear that the CR-1 might be the better option if upon first visit could get married and on the basis that i could settle upon arrival with said visa in hand and not worry the AOS could for some reason be refused that early upon entering being i'd have to give up home etc before arriving on the K-1 being the time i'd have to remain within the US.

Re: K-1 advice
 

I totally didn't understand that last long paragraph, but yes, your are allowed to visit using the VWP, get married, file the I-130 as soon as you have all the required documents, and then return to the UK.

The immigrant visa process takes roughly 8 to 10 months. You immediately become a US PR upon entry to the USA using the immigrant visa.

The USC must complete an I-864 during the visa process. Your savings can be added if necessary. If she can't qualify, she can use a joint sponsor.

Rene

Re: K-1 advice
 

You seem to have a fundamental misunderstanding of the process. You can not get a CR-1 visa prior to being married. You must be married first and your (then) USC wife would, after the marriage, start the process by filing form I-130. In about 8-10 months you will get the visa and then - and only then - can you move to the US to live/work. If you enter the US on the VWP and get married (which is allowed), you must then leave the US and wait outside the US until you get the visa.

We have a CR-1 wiki also. Perhaps you should read that because it seems you are easily confused. However, for the sake of expediency:

K-1: Your USC fiancé files an I-129F to start the process. In about 8-10 months you get the visa and you enter the US and get married within 90 days. Then you file the AOS paperwork to become a US permanent resident (= green card). You are allowed to remain in the US while the AOS paperwork is being processed.

CR-1: You get married first. Your USC spouse files an I-130 to start the process. In about 8-10 months you get the visa and you enter the US and immediately become a US permanent resident (= green card). There is no further processing required.

Either way, the process takes 8-10 months from start to finish. The advantage to the K-1 is that you can start the process right now, whereas for the CR-1 you can't start the process until after you're married. The advantage to the CR-1 is that you become a PR immediately upon entry to the US, whereas for the K-1 you must file to adjust your status after getting married. Both visas have their pros/cons. Read this. And please, really read it this time!

You are trying to learn a new language (immigration-speak) and you're making comments and asking questions that demonstrate you're nowhere near competent in the language. Learn the language first... read the links you've been given. We really do want to help you, but you must do the research first so that you understand what it is you're talking about!

Ian

Re: K-1 advice
 

I find you rather rude, I already understood that I would have to be married before the CR-1 could be applied for, this just means you misunderstood what I had said and rolled with it.

It would be a pointless setup to have 2 separate processes that could be done before getting married, I also understood as someone had said before that if I visited and got married, I could then basically get the CR-1 process rolling before I returned home, which I would ofc do within the allocated time of 90 days on grounds of VWP, I have no intention of overstaying to risk messing things up.

Re: K-1 advice
 

I get that a lot... I really don't care.


You have repeatedly demonstrated confusion in your posts - so, in future, I suggest you avoid run-on sentences, because your clear understanding was most certainly not evident.

Ian

Re: K-1 advice
 

Ian is not rude he is very direct and the FREE advice he gives is nearly always spot on.

My own advice is read the links and read what Ian posted and read your own posts back before you hit send because they are not very clear.

Dealing with US immigration requires learning their language, not American-English but Immigration-speak. In immigration-speak words have very specific meanings and if you accidentally use the wrong words you can unleash holy hell upon you and your application.

Re: K-1 advice
 

His approach is rude, however, though my wording can seem a little bad at times in how I write it, others have all managed to answer the question I had asked each time.

Re: K-1 advice
 

In my first comment to you I posted a link that would answer most of your questions. You continued to ask questions, however, that are covered in the link - so I came to the conclusion that you simply didn't want to avail yourself of the information that was already posted. When I pointed that out, you continued to ask questions that made it clear that you still hadn't read the information in the link.

So, while others may prefer to spoon feed you information, I would prefer you actually do some research on you own before asking basic questions. If that appears rude to you, well - as I said earlier - I really don't care.

Ian