Andrew170170

Hello everyone,

Im hoping you might be able to help me, I’m looking to relocate to Cincinnati in the near future to be with my fiancé who is American. My original idea was going to go over on a B2 visits visa, stay 6 months - 1 year and marry after 60 days, return home then adjust for permanent status as I would be married.

My fiance who I met in a U.S prison, was released a year and half ago, and is working. She was serving 10 years for manslaughter. So would this make her filling for a K1 i29f in dismissible? Or would she still be able to apply for this the same as anyone else?

Or or does anyone have any other ideas how best I can proceed with moving over there. I can go over on a visa waiver for 3 months but then I have to return for 3 months so makes it long winded and time consuming. Any help would be gratefully received.

many thanks

Andrew

Noorah101

Hi and Welcome to BE.

What do the I-129F instructions say regarding criminal history for the USC? Have you or she read that document?

Rene

scrubbedexpat099

60 days, what has that to do with anything? You would not adjust you would file for an immigrant visa.

K1 has many issues and not sure why you would want to go this route especially with the ciminal history aspect.

That pattern will raise questions and not many have jobs that allow that.

Andrew170170

Hi Rene,

Thank you for your reply, I have just learnt about these K1 and i29f forms so as of yet I haven’t read up on it, i was hoping some people may have already experienced this and will know. Although I did hear that if the American Citizen had a criminal record it may not be possible but I’m not 100% sure.

Andrew

Andrew170170

Thank you for your advice BoIler,

yes the 60 days thing I heard if you marry before 60 days that makes the immigration service suspicious. I did hear I could come over on a visa waiver, marry, then stay there and adjust my status to permanent. But I’m reading up and getting many different ideas for the best way forward. So the K1 is not the best idea then?

scrubbedexpat099

US is a major wedding destination, Las Vegas?

You can not use the VWP to immigrate so you would need to go back anyway

This is a long process so you have plenty of time to evidence your relationship

K1 means issues , working driving travelling outside the US, currently takes about 8 months to be able to do this after filling to adjust and usually that is an issue for most people.

Andrew170170

Thanks again for your quick reply Boiler,

After reading your message if you was me would you forget the K1 and just go a completely different route?
Does the 8 moths mean I have to stay out the country? What route would you take it you was me?

Thanks

Andrew

scrubbedexpat099

I would get married, file for a CR1, you enter with an immigrant visa and become a Permanent Resident immediately.

I believe that unlike the K1 route her criminal history does not need to be declared.

K1 and CR1 have been taking the same sort of time, but even if the K1 speeds up so many negatives going that route.

8 months related to the K1 and how long it would take after filing to work etc.

Andrew170170

Thanks very much for your advice and that makes a lot more sense and seems the quickest route.
I know have an idea of what I’m aiming for, you have been a great help and thank you so much for pointing me in the right direction!!

much thanks

Andrew

scrubbedexpat099

Normally it has been a year or so but Covid made it longer. You can visit just make it reasonable.

Andrew170170

Thanks again, you have made things much clearer for me now.

Nutmegger

Do you already have a B-2 visa? If not, it may be difficult to obtain for a person of working age with a US significant other. As others have said, your best bet is to visit on the VW program and marry. Then you return to the UK while the spouse visa process is completed. That way, when you arrive in the US you are legal to work from day one.

Rete

There is no way for you to live in the US while you wait for the I-130 to be adjudicated stateside and then the CR-1 to be adjudicated in the UK. As mentioned you can "visit" only. You cannot work in the US even remotely while you are visiting.

When you visit the USCIS website look into the I-130 which is the document your love interest will file and look at the instruction sheet provided as to what documentation from you and from her are required at the time of filing. That will start you off.

Andrew170170

Hi Nutmegger,
Thank you for your reply, I haven’t got a B2 visa as of yet, as I started filling it out and then decided to seek advice on here. What you said about visiting and marrying is the best way forward I’m sure. And a immigration lawyer wanted $260 for the same advice. So that is what I will aim for doing. I thank you very much for helping me in this, I’m very grateful indeed.

Andrew

Andrew170170

Hello concierge,

Thank you for your detailed reply. Much appreciated. That made a lot of sense and helped me through the mind field of different visas and options available to me. Do you know if I should leave it until near end of the 90 days of my Visa waiver before I marry ? or does it not really matter?
I have met my fiancé before and we have proof of this. Which I believe is a requirement.
Thank you so much once again for your help in this matter.

Andrew