siv1uk

Hi all,

I have a number of questions/queries that I hope you can answer. My girlfriend lives in the US and we have been together for the last 7 years. As you all know there are a number of ways for me to get to the US from the UK (K1, K3 and CR-1). The are obviosuly pros and cons associated with each visa and we haven't decided which route would be best for us.

We have plenty of evidence to support the K1 application and we don't envisage any problems going this route. However, we are fairly independent people (being only children) so getting married and then going via CR-1 route (and being apart for a year or so) and avoiding the AP, EAD and AOS process and allowing us to marry in the UK is also amenable to us.

So my first question is how long would you have to be married before starting the CR-1 process.

It appears that Vermont processing centre is approving I-130 fairly quickly (thankfully for me this is where I would be filing my I-130). Am I correct in saying that the CR-1 process would take around a year to complete (baring any unforseen circumstances)

My final question is not related to the visa process but transfering money to the US. I hope to be able to give my girlfriend between $2000-$5000 each time I vist as the GBP-USD rate is good at the moment. She would then open a CD or other type of savings account and we would use the money as a deposit on a house when I eventually make it over. I know I can take $10,000 into the US without having to fill in customs forms etc but is she then liable to pay taxes on this money even though it is a 'gift'? Would she have to declare it as income?

Thanks in advance for your help

Chris

Gigiola

Hi!

Honestly? I would go the CR-l route, especially if out of VSC and I doubt it would take you a year. At the present time an I-130 could be processed in a month + 4 to 6 months from then until your interview. Add to that a trip for one of you to cross the pond for your wedding (probably easier in US).

Why CR-1 and not either K1 or K3? For us K1 was out of the question as it's a single entry visa. K3 is taking almost as long as CR-1 if you are filing either in CSC or VSC and you still have to adjust status and get an EAD. Entering with a CR-1 also puts you in a position of being able to ask for citizenship earlier. I have an elderly mum and my thought is that I may have to spend extended lengths of time in UK if she is unable to take care of herself. Citizenship would eliminate the risk of losing PR status.

We married on 18th Sept and sent I-130 off on 20th Sept, so the answer to that question is .. you don't have to wait at all.

I opened a bank account in US on my last trip over. Having your own account would surely eliminate any question of your fiancee/wife having to pay tax on a gift.

Just my pov .. and good luck. Jill

betsyanddavid

Aren't there residency requirements for the USC to be residing in the UK for a certain length of time before being allowed to file for the CR-1 Visa??

Betsy

Gigiola

You're thinking of DCF .. direct consular filing, which is when the I-130 is filed with the consulate and not in the appropiate US service center. And the answer to this question is "yes", the foreign spouse has to have "permanent leave to remain" ... or something like that. This is the correct path for a couple who are already both in UK.

Basic difference is that CR-1 is an immigrant visa, and the Ks are non-immigrant. But there is nothing to stop you waiting out the I-130 (filed in USA) and petitioning for a CR-1.

Why don't you do a search on DFC ... some USC spouses have been able to spend enough time in UK to go this route. I live in Spain and Madrid stopped DCF about 18 months ago for nonresident USCs.

dexy

(Honestly? I would go the CR-l route, especially if out of VSC and I doubt it would take you a year. At the present time an I-130 could be processed in a month + 4 to 6 months from then until your interview. Add to that a trip for one of you to cross the pond for your wedding (probably easier in US).<<<<

Can this be right? 4 to 6 Months?
Dexy. (peach & Dexy)

Gigiola

Can this be right? 4 to 6 Months?
Dexy. (peach & Dexy)[/QUOTE]

For CR-1 ... not for K3. K?

dexy

For CR-1 ... not for K3. K?[/QUOTE]

But if we opt for the I-130 after getting that approved ( like we are ) won`t that then be the CR-1?.....oh geez, senility coming in again lol.

Gigiola

Yes! An approved I-130 leads to a CR-1 or, in the case of already being in USA due to a K3, to adjustment of status.

But we did file the 129F for K3 as well. We can look at our options when the first one reaches the consulate.

Senility is par for the course when you start to learn about immigration!

Think of it like this ...

Approved I-130 + 4-6 months to consulate = CR-1
Approved I-129F + 1-2 months to consulate = K3

But you're filing in Vermont so I-130 could be really fast and I-129F is filed at MSC which has been very, very slow recently.

Of course there are loads of posters here who could explain this better, but they're all stuffing their faces with turkey today!!!

dexy

Thanks Gig` Happy thanksgiving.
Dex.

Gigiola

Backatcha Dexy!

It's been 20C here today and I'm off for a large seafood dinner with a girl friend ... maybe I'll miss THAT next year!

But for today ... to all of us waiting and all those who have "made it":

HAPPY THANKSGIVING!!!

flames9

Hi. I'm Canadain, wife is American Citizen. Here is my approx Cr-1 Timeline. Our applicationwent through Vermont

April/May submitted initial paperwork. 22 July I-130 was approved. NVC received final paperwork Oct 15. Oct 28 Case was complete. 12 NOv, they set Dec 07 2004 interview in Montreal!!! so took us about 7.5 months from start to finish!! I believe vermont has been speeding things up as of late as well!! Best of luck

Anon

siv1uk wrote:
    > Hi all,
    >
    > I have a number of questions/queries that I hope you can answer. My
    > girlfriend lives in the US and we have been together for the last 7
    > years. As you all know there are a number of ways for me to get to the
    > US from the UK (K1, K3 and CR-1). The are obviosuly pros and cons
    > associated with each visa and we haven't decided which route would be
    > best for us.
    >
    > We have plenty of evidence to support the K1 application and we don't
    > envisage any problems going this route. However, we are fairly
    > independent people (being only children) so getting married and then
    > going via CR-1 route (and being apart for a year or so) and avoiding the
    > AP, EAD and AOS process and allowing us to marry in the UK is also
    > amenable to us.
    >
    > So my first question is how long would you have to be married before
    > starting the CR-1 process.

Long enough for you to get a certified copy of the filed marriage
certificate. We personally took the minister's copy to the county
recorder (Clark County, Nevada) after the ceremony and the next morning,
they mailed us the copies.

    > My final question is not related to the visa process but transfering
    > money to the US. I hope to be able to give my girlfriend between $2000-
    > $5000 each time I vist as the GBP-USD rate is good at the moment. She
    > would then open a CD or other type of savings account and we would use
    > the money as a deposit on a house when I eventually make it over. I know
    > I can take $10,000 into the US without having to fill in customs forms
    > etc but is she then liable to pay taxes on this money even though it is
    > a 'gift'? Would she have to declare it as income?

Gift receipients do not pay tax in the US. Gift tax, when owed, is paid
by the giver. As I recall you can give $10000 per year per person
without incurring a gift tax. Additionally, I also recall that amounts
over the $10000 per year would be deducted from the estate tax exemption
when you die. The law may have changed, but AFAIK, there would be no US
tax in this case.