British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   K1 fiancé visa advice (https://britishexpats.com/forum/marriage-based-visas-35/k1-fianc%C3%A9-visa-advice-941657/)

Nutmegger Nov 20th 2021 2:38 am

Re: K1 fiancé visa advice
 

Originally Posted by Andrew170170 (Post 13073883)
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


As you are coming into the US to marry and then return to the UK to start the visa process, you can marry on whatever day of your visit you wish. That having met thing is a fiancé visa requirement and thus irrelevant if you are marrying and doing a spouse visa.

Andrew170170 Nov 20th 2021 11:08 am

Re: K1 fiancé visa advice
 
Thank you very much for pointing that out Nutmegger, I couldn’t work out if I had to wait or not. Thanks for taking the time to point that out.

Regards

Andrew

civilservant Nov 22nd 2021 10:36 am

Re: K1 fiancé visa advice
 
I don't have anything much to add to my fellow posters, except to say that 'in the near future' is not in any way a realistic timeframe. You're looking at 18 months+ probably, after you have got married and filed the I-130, before you can move to the US permanently.

You are free to continue to visit on your ESTA/VWP, if otherwise eligible. Obviously each entry is subject to the CBP officers discretion.

Andrew170170 Nov 22nd 2021 3:49 pm

Re: K1 fiancé visa advice
 
Thank you for pointing this out to me, I did wonder how long it was going to take to finally get permanent citizenship in the US. I was thinking the same come back and forth on the VWP until everything is finalised. I did toy with the Ida of getting a B2 visitors visa which allows me 6 months to a year, but again the US embassy in London is still closed so that’s why I decided the VWP would be better.

Thanks Again

Andrew

civilservant Nov 22nd 2021 3:56 pm

Re: K1 fiancé visa advice
 

permanent citizenship
Permanent Residence. A Lawful Permeant Resident and a US Citizen are not the same thing.


I did toy with the Ida of getting a B2 visitors visa which allows me 6 months to a year,
You are extremely unlikely to get a B2 as a working age person, and a denial will likely stop you using ESTA/VWP for a few months, so don't do that.

Rete Nov 22nd 2021 4:08 pm

Re: K1 fiancé visa advice
 
You will be eligible to apply for naturalization to US citizen ONCE you have been a permanent resident for three years (less 90 days) and as long as you are still married to your US citizen spouse for a full three years. Since you will be going the Conditional Resident-1 visa (CR-1) you will already have been married for a year or more before you obtain a CR-1 visa. Just a note: if it takes close to 2 yrs for the CR-1 visa, you can postpone (if everything falls neatly in place) entering the US until your second wedding anniversary then the CR status will become a full PR status. Also note, that CR status is counts as PR status for the sake of counting years as a PR for eligibility to file for naturalization. Confused yet?

If you were to divorce before your 3 years of PR status, then your eligibility reverts to the standard five years (less 90 days) of PR status for filing the N-400.

SanDiegogirl Nov 22nd 2021 4:20 pm

Re: K1 fiancé visa advice
 

Originally Posted by Andrew170170 (Post 13074648)
Thank you for pointing this out to me, I did wonder how long it was going to take to finally get permanent citizenship in the US. I was thinking the same come back and forth on the VWP until everything is finalised. I did toy with the Ida of getting a B2 visitors visa which allows me 6 months to a year, but again the US embassy in London is still closed so that’s why I decided the VWP would be better.

Thanks Again

Andrew


Do NOT apply for a B2. As someone of working age and with a fiance in the US AND being eligible for the VWP you are very unlikely to get a B2. A refusal will mean you cannot use the VWP again for some time, so you won't be able to visit the US at all.

Andrew170170 Nov 22nd 2021 4:33 pm

Re: K1 fiancé visa advice
 
Thank you so much for the info on the B2 that was very helpful. I will give that option a miss then.
Now I know what direction to take.

Thanks Very Much

Andrew


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