sello

Hi there, I am new to the forum and have learned a lot from reading other posts on the board. (just to let you know, I don’t have my divorce finalized yet- so we have to wait on that) I am in NY state and my future fiance is in the UK. We plan on living here eventually. I am kind of overwhelmed by all the information online about the 2 types of ways he could come here and we could be married. We could do the K1, or I could go there and get married and we could come back and have him apply for the green card through marriage. From what I have seen- for us it might be easier to do the green card through marriage, and it may be a bit faster as well.

I would love to hear from other people, who are trying to consider one or the other, or just have people who have been through this share their thoughts, ideas, and knowledge. Thank you so much!!!

Noorah101

Welcome to BE.

I'm not sure if you completely understand Option 2 which you mentioned above. In this scenario, you could go to the UK and get married there (or he could come to the USA on the VWP and get married here), and then....

He does not apply for a green card...he applies for an Immigrant Visa.

Overall, the Immigrant Visa route is a couple of months longer than the K-1 visa route. K-1 route is about 6 - 8 months, while Immigrant Visa route is about 8 - 10 months.

Once he obtains the Immigrant Visa, he becomes a US Permanent Resident (i.e., gets his green card) when he immigrates to the USA using his Immigrant Visa.

It's really up to you which of the two methods you choose...but thought I'd clear up some misunderstanding it seems you had about the spouse route.

Rene

meauxna

There's a wiki article that helps break down the differences: http://britishexpats.com/wiki/Compar...ge-based_visas

A lot depends on who needs to work and when.
Or, on where you want to marry.

If you do decide to marry first, YOU will require a special visa to go to the UK just to marry as a visitor. In fact, it's called a Visit to Marry visa!
That adds another layer of expense/hassle. However, he can visit on the VWP to marry (but not stay on that visit).

sello

I guess I didn't understand option 2 at all- I am confused now- maybe I have too many windows open and I need to take a break from reading all of the sites. He has a visitors visa that he could come back with me on, and then everything I read- it looked like the green card through marriage thing was an option. I would like to get married there, god, there is so much "stuff" I need to start learning lol

sello

Oh wow- that is just the information I needed- everything is sorted out and it's pretty clear also- thank you!

Noorah101

If you are thinking that he will be coming to the USA on a visitor's visa (or the VWP), and then remain in the USA to adjust status to permanent resident (i.e., get his green card), then that is not an option.

It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident. Which is exactly what he'd be doing in the scenario you describe above. No-no.

He has to either get a K-1 fiance visa, or a spouse Immigrant Visa.

If you really really want to get married in the UK, then the K-1 fiance visa won't work for you at all, because with the K-1 visa, the marriage must take place in the USA.

So perhaps, for now, you need to research:

1. How to get married in the UK and what visa you will need for that (you can't do it as a tourist); and

2. How to get his Immigrant Visa so that he can move permanently to the USA to live and work here.

Note....unless you can manage to stay in the UK with him after you get married, there will be a period of separation while you wait for the Immigrant Visa to process. You ARE allowed to visit each other while that's going on, though.

Rene

sello

Ok, I think I have a few things cleared up.
I think our process will go something like this:
I will go over there on a UK Marriage Visit visa and then we get married.
I come back here and first we petition I-130. Then we get a CR-1 (which is the immigrant and/or Permanent Resident classification for the spouse of a US Citizen when the marriage is less than two years old) and go from there I guess. Does this sound like it makes sense? (my head is going to explode from too much information lol)

Noorah101

Yes, that is the general process. You got it.

1. You get the UK marriage visit visa...go to the UK...get married.
2. You file the I-130 petition when you have all the necessary documents.
3. You will have some correspondence with NVC and provide some necessary documents along the way.
4. Eventually he gets a police report, gets a medical done, and attends an Immigrant Visa interview. If approved, he gets a CR-1 Immigrant Visa.
5. He uses that visa to move permanently to the USA, and becomes a US PR upon entry.

You can expect the process (from filing I-130 to getting Immigrant Visa in hand) to take around 8 - 10 months.

Rene