savannah_boy

Hi everyone I have read these forums & embassy websites etc with 'confused' interest. I am sure my situation is not rare on here but would really appreciate your advice based on your experiences.

I am a UK citizen and my girlfriend is a US citizen (with 2 kids from previous marriage). We have been an item since Feb 2007 and have visited each other (alternately in the US & UK) frequently.We want to marry and live for the next few years in the USA.

My question is which route would you suggest as the quickest or easiest for our situation?

--K1 (marry in USA). There is a 6-9month waiting period before approval of K1 visa,then I enter USA & have 90 days to get married?

--K3 (marry in UK)

--DCF (Direct Consulate File) THROUGH LONDON*. ??

cheers in advance
Andy

Noorah101

First of all, never mind the K-3. If you want to marry and immigrate, just go straight for the CR-1 Immigrant Visa. The K-3 no longer is a faster way to the USA, and you still have to apply for the green card after you arrive. So your two choices really are:

1. K-1 fiance visa. Your USC fiancee can file the I-129F as soon as she has the relevant documents together. It takes about 8 to 10 months for you to get your K-1 in hand. After arriving in the USA on the K-1, you must get married within 90 days, and then file for your adjustment of status (i.e., apply for your green card). Part of that AOS paperwork includes an application for work authorization (takes about 90 days to get that), and an application for travel abroad (takes about 60 days to get that). Anywhere from 3 to 12 months after filing AOS, you and your wife attend an AOS interview in person at your local office, and if it gets approved, you get your green card.

2. CR-1 Immigrant Visa. You must get married first, either in the UK or USA (or somewhere else). Then your wife files an I-130 in the USA. From there, it takes about 8 to 10 months to get your Immigrant Visa in hand. When you enter using that visa, you become a US Permanent Resident right away, with the right to live and work in the USA from Day 1.

So as you can see, both ways take approximately 8 to 10 months. You can get started on the K-1 sooner, because you don't have to wait to get married in order to start filing.

You can also see that the K-1 involves more paperwork and fees once you get to the USA, so the Immigrant Visa is a more direct path to a green card.

The choice really is just yours...we did the K-1 because we were not prepared to get married when I visited my fiance, and we didn't want to wait for me to take another trip to go see him and get married overseas.

Rene

Noorah101

This does not apply to you. In order to qualify for DCF, the USC must be living in the UK on a permanent basis for 6+ months.

Rene

Bluegrass Lass

You are not eligible for DCF in London because your American g/f is not resident in the UK. You can only do DCF if the USC has residency status (and, typically, has resided in the UK for 6+months).

You would not want to do K3 at all. You either want to do a K1 or a Spousal visa (called a CR-1 or IR-1). Both the K1 and the spousal visa take about the same amount of time to process.

Your g/f can start the K1 process immediately. She only needs to fill out the I-129f, gather the supporting documents from you, and put together some basic proof of your relationship (i.e. photos, boarding passes showing visits, etc), and she can send it in to the Service Center. It takes about 4-6months for the I-129f to be approved, then about another 2-3 for London to process it and approve your visa. Once you enter the US, you have 90 days to marry. You then file the Adjustment of Status to Permenent Resident (AOS) to start the green card process and to get your work authorization (assuming you want to work while the I-485 is processing). The AOS costs $1015 to file.

To pursue the Spousal Visa, you must be married first - it doesn't matter where you marry - either in the UK or the US. She then fills out the I-130, and supporting docs. Again, takes about 4-6months to approve the I-130 and another 2-3 in London. Your visa will then be a CR-1 (for those married less than 2 years) or an IR-1 (married more than 2 years). Once you enter the US, you are a Permenent Resident from the first day, and you already have work authorization. In 2 years minus 90 day, you will then file to remove the conditions if you came in on a CR-1.

Does that clarify a few things for you?

Noorah101

The AOS fee is $1,010.

Folinskyinla

Hi:

You don't mention -- are her kids immigrating? Also, how old are the kids? If the kids are over 18 at the time of the marriage but under 21, the "K-1" may be the way to go.

Also, assuming marriage while kids are under 18, they will be included on any I-129F. If you go the immigrant visa route, the kids will not be covered by the I-130 and will need I-130's of their own [minus the photos and G-325. Yes, I know its stupid, but that is the law and you might as well save yourself the trouble.].

Folinskyinla

Sigh. I would like to think that the "regulars" here would have caught on to the idea to not assume things. There was a definite mention of "kids" there and that invites further questions.

There is the all too human tendency to see what you expect to see. The governmental agencies do it all the time and it drives me nuts. Please help my sanity -- it will be gratefully appreciated and will also be helpful to the inquirers on this forum.

[No, I'm not my good friend Matt Udall and I'm not shouting "UPL" -- but I think if one is giving advice, it should be correct. ].

Noorah101

I guess I assumed that since she is a USC, her kids are also. But I suppose they might not be.

gstring

That is how I read it also.

Bluegrass Lass

Errr..the way I read it, she's the USC and she has kids. He is the UKC, and is asking about what visas to pursue. She isn't the one immigrating, so why does it matter if she has children? That only effects the household size for I-864 purposes. It doesn't change whether they should pursue a K1 or a Spousal visa.

fatbrit

Folinsky has the wrong end of the stick. That he grabbed it in a reminiscence about Matt is not, I think, a coincidence.

savannah_boy

Wow..thanks everyone for the top advice, My girlfriend's kids are American and under 18.

We now see the pros & cons to the K1 & CR1 routes. So this leads to 2 other questions:

--Whilst waiting for the K1 am I allowed to visit her in the USA under the VWP?

--Whilst waiting for CR1 to be processed after marriage (I know I have to return to the UK), it is fine for her to visit me in the UK? but I cannot visit her in the USA under the VWP?

many thanks
Andy

Noorah101

Hi Andy,

Thank you for clarifying the citizenship of the kids.

You both can visit each other in the USA and the UK no matter which visa you go for.

Rene

Bob

Just bring proof of ties to the UK that you'll return just in case you are asked about it, such are rental agreement, letter of employment etc...but don't show it unless asked.

ian-mstm

Since you don't mention it and everyone so far has made the assumption, is your g/f, in fact, divorced *and* free to marry?

Ian