Helix

Hi Everyone,

I've been lurking on here for a while but decided to join to see if someone could please be kind enough to help me with my situation with obtaining a visa into the USA.

I (a UKC) have been been engaged with a USC for about 2 years now (one of us visit's the other every 3 months or so,) and as her university course is coming to an end, we are starting to look seriously towards the wedding and the visa.

The main question I have is which one of the visa application paths would we have to go down through.

Bit of backstory here to help. I met my missus 4 years ago when she was over here on a student visa, about 3 years ago she had to move back to the USA due to a family issue. We got engaged and decided not to get married until she finishes her degree that she pretty much had to start again. skip ahead to today and she finishes her course in December this year. we are currently looking at myself moving over to the USA in January and we were looking to have our wedding outside of the USA in February.

I am going over in May for a few weeks to see her, and was looking at submitting the initial paperwork whilst over there, or at least make sure that I have everything I need to submit this when I get back in the UK.

With this, would it be better to go over on the visa waiver and then enter the country after the wedding with a visa? would it not matter if i get the visa before I enter the country in January? or...???

Secondly, at the time of submission of the Visa application. My missus will not be earning and income and be registered to the address of her parents. However this will not be the case when I move over, (touch wood!) would this affect anything? or would i just have to notify the relevant agencies that my address has changed? We are already getting her parents to give letters stating that they would be willing to support and house us, getting some of their previous pay checks and tax returns.

Thirdly, the company I work for are looking at making redundancies around the time i'm looking at submitting the initial forms. Would me not having a permanent job (i.e. contracting) at the time of submission affect my chances at all? or would they just look at savings and income/outcome?

Thank you all in advance!

Helix

jeffreyhy

The path that best suits your wants. If you want to "move over" before you get married then you want a K1 visa. Problem is, with a K1 visa you must get married in the USA. And if you leave the USA a month after entering on a K1 visa to get married you won't be going back to the USA for 8-10 months or so until you've obtained an immigrant visa.
The only thing that could be submitted at this point would be an I-129f petition to start a K1 process, and you won't be submitting it - your fiancee will.
Entering the country after the wedding - permanently as an immigrant rather than short time as a visitor - requires an immigrant visa. 8-10 months after submitting the petition, which cannot be submitted until after the marriage.

Why not? You won't be submitting the visa application until 6 months or so from the time she submits her petition. That should give her time to find a job of some sort. Your lost job is not relevant. Any savings that you might have is.

JSL8610

The short answer is that it depends on whether you want to move before or after your wedding. If you want to move before the wedding you should be looking at the K-1. You would need to marry within 90 days of arriving in the US. This sounds like the best fit for your plans. I'd note that if you want to move in January, you should act very soon to ensure you have the visa in time. May could be too late.

If you want to marry and then move later, you should look at the CR-1. The I-130 you mentioned in the title is not a visa. It is the petition to establish your relationship before you can apply for an immigrant visa (in your case the CR-1).

You not working permanently will have no bearing. You will have a US based sponsor and it is their finances which are of concern.

Oh, and forget about the K-3. Waste of time and effort.

Regards,
James

Helix

I think I may have confused people with my bad explination of the dates. So in theory (if the visa goes through in time)

May 2012 - I visit USA using the visa waiver for a vacation.
- My USC submits the documents to start the ball rolling

January 2013 - I enter the USA

February 2013 - We leave the USA to get married somewhere else, and return once we're married.

would this be posssible with the CR1 or would it just make life easier if we went for the K1 and change where we get married?

Thanks again, sorry to be a pain.

Helix

JSL8610

The CR-1 can only be applied for after you are married. Thus, if you don't marry until Feb 2013, you won'tt be moving to the US permanently until the end of 2013.

It sounds like you want to stay in the US after the wedding. In which case, go for the K-1. As Jeff notes though, you'll have to get married in the US.

Regards,
James

jeffreyhy

Your explanation of dates was fine, it's just that your desired plan does not fit with either of the immigration options - K1 or immigrant visa. I think James' last post was clear and concise enough for you to be getting the picture now.

Regards, JEff

Noorah101

Which document, to start the ball rolling on which visa? If you're not married at that time, then I take it you mean she will file an I-129F towards a K-1 visa.

On the K-1 visa, you mean?

If you enter the USA in January 2013 on a K-1 visa, you cannot leave to get married somewhere else. You MUST get married in the USA, within 90 days of your arrival on the K-1 visa.

As others have said, the Immigrant Visa (people say CR-1 but that's the class of visa....the actual visa is an Immigrant Visa) cannot be obtained until after you are married. So your scenario above would not be possible with an Immigrant Visa plan, because it takes 8 to 10 months to get the Immigrant Visa in hand, AFTER you get married.

There is a good comparison guide between the K-1 and Immigrant Visa in the Wiki Guide here. Take a look there and see which option works best for you. Here's the link: http://britishexpats.com/wiki/Compar...ge-based_visas

If your goal is to be together ASAP, the K-1 fiance visa is the way to do that.

As others have said, never mind the K-3 visa. It no longer serves the purpose for which it was intended, and is pretty much a dead visa now.

Rene

JSL8610

If I remember correctly, it also takes about 8 - 10 months to get the K-1 in hand (somebody correct me if I'm wrong). I'd recommend beginning the process ASAP if you want to move in 9 months time. May will be cutting it very fine.

James

Noorah101

Agreed. Although a K-1 could be a bit shorter, maybe 7 or 8 months processing time. Filing an I-129F in May could possibly result in a K-1 by January 2013, but there's no guarantee.

If they've already met in person recently, I suggest filing the I-129F now, rather than waiting until May.

Rene

Rete

Stop right there. If she is your "missus" then you can't use the K-1. It is for fiancees only. I know the rest of the paragraph says otherwise but please please please use the correct terminology. You use the term missus at the POE and you will be returning home on the next flight.

jeffreyhy

+1 important point

Regards, JEff

Helix

Ahhh, good point. Didn't think of that. Woops!

I've seen from looking at the site before that this forum was helpful but I am just amazed by the speed of the replies and the quality of the information.

I've already spoken to the fiance and she is going to submit the I-129f for the K1 visa, this weekend and hope that sods law doesn't give us an interview in May! we've not booked anything so changing the wedding will not be any difficulty.

I might start a timeline thread once we've submitted the initial form, hopfully without boring everyone.

Thank you all again!

Helix

jeffreyhy

Agreed that the K1 visa process can be a month or so shorter than the immigrant visa process. The petition adjudication by USCIS takes about the same amount of time, but afterwards the K1 visa application is made directly to the consulate while the immigrant visa application is made to the NVC, where the application materials are given a review before being sent on to the consulate.

Regards, JEff

jeffreyhy

It's almost the end of March - no way will there be an interview in May. Maybe October or November.

Does your fiancee have everything required for an I-129f petition? G-325A signed by you? Statement of intent signed by you? (Original signatures, not photocopies.)

Regards, JEff

Noorah101

Do you mean May 2012, or May 2013? No way you'll have an interview by May 2012...more like Nov/Dec 2012. If you meant May 2013, that seems a bit toooo far off, but if your process is very slow (for whatever reason), it could take that long...but not likely.

Do NOT make any wedding plans that can't be changed or cancelled. Do NOT pay any money towards a wedding that can't be refunded.

Do NOT get married before you arrive in the USA on your K-1 visa.

Rene