Tracym

My husband felt the same as you - didn't want to be separated after marriage. Many people choose the K-1.

I don't think anyone is exempt from the I-864. So parents as a joint sponsor might be a good plan. Realize they don't actually have to contribute anything, unless you claim benefits from the government.

AOS makes you a legal permanent resident, not a citizen. Pretty much you can do everything except vote - day to day living is the same. However - if you commit a serious enough crime, you could be deported (doesn't sound likely in your case).

Most (but not all) people go for citizenship when they are able - means never having to deal with USCIS again, and importantly, releases spouse and any joint sponsors from obligations.

chris23

Yea i think your right!! i would not be getting pulled up for anything as small as a speeding ticket but honestly though i think the K1 is best route and also a question for you....... is it three years before you can apply for the citizenship and is that when you have to answer all the patriotic questions such as how long is a senator elected for etc

Also, from a K1 perspective we are looking from applying for the visa to AOS and EAD to be around
8-10months for K1
90days for marriage
3 Months for AOS and EAD

So al in all about 16months??? then 3 years for citizen let alone lots of trips to the US embassy in london!!!

p.s will i have to travel to the US for an interview before K1 is issued???

Thanks Tracy for all your help and advice

Chris

Folinskyinla

Hi:

You cannot vote. There is but one published case on the matter -- see http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1F5E1DEA0281793E88256FB80059E7FE/$file/0371986.pdf?openelement

Do note that there is an unpublished Board of Immigration Appeals case which originated outside of the 9th Circuit which disagrees with McDonald -- their analysis being that they disagree with a holding in McDonald which the court simply did not make. I happen to be intimately familiar with this case and on the holding that was not made, the point was argued, but the court went on a narrower ground. However, although the right-wing blogs on this case complain that it was a liberal case from the 9th Circus, they ignore the fact that the one Judge on the three-judge panel who was most upset with the government was the one appointed by a Republican president. At oral argument he was literally screaming at the Government attorney even noting that she had the obligations as a "good soldier" in having to make some argument. My father attended the oral argument [he is not a lawyer, but he likes to son in action] and as a fellow WWII veteran, he heard the "good soldier" comment as tantamount to calling the attorney a Nazi.

However, in a large sense you do have many of the rights of a citizen. However, you cannot vote, serve on a jury, and certain bad acts can get you deported.

chris23

Thanks for that!!! cleared up that matter of voting

Tracy did you see my previous post about the other questions???

Thanks guys

Chris

Noorah101

Yes, 3 years from the time you became a PR, if you are still married to a USC. So let's say you become a PR in 2011. You will be eligible to file for citizenship (if you meet all the other requirements) in 2014.

This is correct, except the last part. 3 months for EAD...no way of knowing how long AOS will take.

Why would you have to make lots of trips to the US Embassy in London? You'll only make one trip there, and that will be for your K-1 visa interview. After that, you'll be living in the USA.

No. Your K-1 interview will take place at the US Embassy in London.

Also keep in mind you won't be able to travel outside the USA until you have permission to travel after filing AOS, this usually takes about 60 days.

Rene

Tracym

You're welcome - sorry I wasn't here, I occasionally do have another life
K-1 could be as fast as six months, but 8-10 is a good guess
You have up to six months from when you get the visa to use it to come to the US
Once you arrive in the US, you have up to 90 days to get married (whenever you want within those 90 days)
Once you are married, preferably within the 90 days you should apply for AOS (and EAD - work permission and AP - Advance Parole, travel permission)
From application:
- around 60 days for AP
- up to 90 days for EAD
- 3 months to 1 year or more for AOS to permanent resident
- 2 years after that, removal of conditions
- 3 years from permanent resident - you can apply to be a citizen

I believe you got your answers re. K1 interivew...

K-1 interview in London
AOS interview (if you have one) local USCIS office in US
Removal of conditions interview (rare) local USCIS office in US
Citizenship interview - again local USCIS office

BritishGuy36

This is a no-brainer.

They are going to be apart for two more years anyway, on and off, what does it matter if they are married for part of that time or not? They will still be apart and wanting to be together.

Just go the CR-1 route and get married on one of the visits to the US, when you do immigrate you get your green card on day one, no need for AOS, EAD, more forms, more expense.....

To me it seems to boil down to sentimentality vs cost+hassle. In the OP's situation this wouldn't even be a discussion for me.

Noorah101

I agree, since they are planning this so far in advance, I would say plan to get married and go the Immigrant Visa route as well. They will only have to be separated as a married couple for about 8 to 10 months (if the process is like this in 2010), and they are still allowed to visit each other in the meantime.

To the OP - just watch out with so many multiple visits to the USA. If you continue to do this for very long, you run the risk of being refused entry at some point.

Rene

chris23

BritishGuy!!! Fair point i must say!!

What is a C-1 ??? and are you in the US or not?? if so how did you do it??

Also to Tracy and Rene!!! Thank you for your continued help!! Tracy i have to appologise.... i have been on the web all day doing research and was refreshing the page for this thread like every five minutes :s sorry but hanks for taking the time out to help me and the same to you Rene!!! In all of your opinion if you were in my situation what would you guys do and if you did it how would you go about preparing for it!!!???? Also in regards to British Guys post..... what do you think???

Thanks guys really appreciate everything

p.s i have chatted with my gf about all this and we are definitely going to look into all options and take it as it comes but not sure about getting married then waiting and being apart as we arent in a position to get married yet and that is what we feel this all boils down to is being ready!!! we are both only 21!! we arent ready for marriage yet!! maybe in a couple of years but not to just get married for a visa!!! that is the one thing i dont want our marriage to be about!!!!!
thanks guys

Noorah101

The CR-1 is the Immigrant Visa, which you would get as the spouse of a USC, if you were to get married first. We aren't saying you have to get married today. You'll still start preparing things about a year before you want to move to the USA. At THAT time (i.e. at the end of 2009), you guys can get married and then she'll start the process for your Immigrant Visa (instead of a K-1). It still takes 8 to 10 months to process, but the difference is that you enter the USA as a PR already, with full rights to live and work in the USA (no need for AOS and work authorization applications).

Of course if you're not ready to marry in late 2009, you can do the K-1 visa anyway, and get married 10 months later when you get to the USA.

The choice is yours. You still have more than a year to think about it, you don't have to decide today.

Rene

BritishGuy36

I'm in a different situation to you Chris as my wife and I have been married for 8 years already and living in the UK, so there is only one visa for me (IR-1).

The CR-1 is a "spousal visa" (there's not really any such thing but that phrase describes it well) as opposed to the K1 which is a fiance visa.

Going CR-1 means you land in the US, on your way through the airport the immigration officer stamps your visa, and that visa becomes an instant legal equivalent of the green card. You become an LPR (legal permanent resident) on the spot. It is valid for travel, work and living in the US immediately. No more forms for AOS. No forms for EAD. It costs less than the K1 route and is much less hassle.

The actual green card follows in the mail about a month later.

chris23

Your very right!!! and all im really doing is just gathering as much info as poss so as you said i can make a desicion when the time comes. Its great to get all the information from one place but also to hear peoples experiences with the whole process, mainly so i can prepare for what is to come!!! :S

I can really see that the best option here i would say is the C-1 but i dont think the priciple will go down to well with either of the parents as the marriage bit is probably the bit they want to be there for plus all the family plus friends etc

anyway, thank you for your help again and any other inputs will be greatly appreciated

British Guy, just got your post as i was writing this, thanks for the input!!! it sounds sooooo much easier and the best route by far but as i said above not sure about the parents :s we will see however!!! Also if there are any cock ups we will be left married but seperate for alot longer i expect??? and i dunno how big chances of refusal are???thanks once again for your reply and really good luck to you with your application mate!!

Thank You

BritishGuy36

You don't have a choice. You aint getting into the US as a permanent resident unless you either get married or get engaged and get married within 90 days of landing in the US. That is the cold hard truth.

You can think on it for another year and see if you are then ready to make the commitment to each other. If you are not ready, you will need to live apart until you are.

BritishGuy36

No problem, glad we can help.

I have actually finished the process, I have visa in passport. It's not being able to sell our house in the UK that is the only thing stopping us from moving.

chris23

Damn!!!!! you got me there my friend!!

Definately worth trying to swindle the missus and the family for the CR-1 i think as i probably wont have the money or time to go the K-1 way

Where abouts you guys headed??? somewhere hot i hope to get away from the damn british weather

Good Luck mate