Noorah101

I wouldn't be SO specific on a date (March 10). You could be here as early as January or as late as April, somewhere in between those, or if you hit a snag, later then April. Don't make any wedding arrangements that can't be changed or refunded, until you actually have your visa in hand.

Rene

hunsley76

Thanks Rene

I really need to discuss this with my fiance. He's not coming to the UK til Oct/Nov.....arggghhhh!!!



After all the reading I've done, it looks like the K1 visa is the best route. My only problem with this is that my son and I will not be able to come back to the UK to see family on a K1 visa. Does that also mean I am unable to return to the UK once my fiance and I are married?

Rete

In your case you need to look at the whole scenario and you need to get your USC fiancee involved since he is the one that has all the misconceptions and non-truths in his head. He is the one we will have to disabuse

1. USC Fiancee files I-129F at appropriate USCIS Service Center;
2. After I-129F is approved it is forwarded to the US Consulate in London (since you are British);
3. You will download or wait to receive the paper package from the Consulate telling you what documents you need before a K-1 interview can be scheduled (i.e. medicals for you and your son, police clearance for you (ACPO?), long form birth certificates, etc.);
4. You send checklist back to the US Consulate and an appointment is scheduled;
5. After approval of the K-1 at the interview your passport will be couriered back with the K-1 and K-2 visas in it. Your son will need his own passport. After the passports are returned you have 6 months to enter the US;
6. You both enter and you have 90 days in which to marry;
7. After the wedding you print out the adjustment of status forms (i.e. I-485 AOS, I-765 employment authorization, I-131 advance parole, etc.);
8. You compile everything for both you and your son and mail them off;
9. You wait for the employment authorization card and advance parole;
10. Once you have advance parole for your son, he can leave and return to the US while awaiting for the AOS to be adjudicated.

Note please, there are things missing from the above but lays out the major things. Once you marry you are not chained to the US. You need the I-131's advance parole which allows you to return to the US after traveling abroad without abandoning your petition for adjustment of status. It is good for multiple trips.

As for an attorney, it seems complicated but it is a step by step process and doable for the layperson. But as Noorah101 noted, you must be detailed oriented, strong hearted and at least have the consultation with an immigration attorney.

Many people will use an immigration attorney for this process, at least for the AOS. In fact if you live in the LA area you can use the services of the group downstairs from the USCIS offices. They are immigration attorneys who will help you with your filing for a very low fee. Or you can find a Catholic Charity in your area that has a immigration department who for a low fee will assist. Or you can retain the services of an immigration attorney on your own. Just be sure they are members of the ALIA. It does not mean that they are good, but it does mean that they have paid for the membership to an organization that assists immigration attorneys to stay abreast of the changing rules, laws and regulations of US immigration.

Noorah101

Have you guys met in person yet? Or will Oct/Nov be your first face to face meeting? If you've already met in person, he can file the I-129F now. He doesn't have to wait until Oct/Nov.

Did you read the Wiki guide to the K-1 visa yet? Part of your AOS package will include form I-131 for Advance Parole, which allows you to go visit outside the USA while you wait for your green card. It takes about 60 days to get the AP in hand after filing.

Rene

hunsley76

Yes we have met, its just hard to discuss this in detail with him with the time difference, working, phone call costs...just be easier to sort all of this out when he is in UK.

That was a really helpful step by step guide, so thanks for noting that down.

He needs to get it out of his head that I will be there in Jan......living there! We are both strong hearted and want this more than anything. Our long distance relationship has been on and off for 4 years!!

jeffreyhy

h,

You've been reading the wrong things. What ever or where ever you got that reading material, stay away from it.

Regards, JEff

Noorah101

Maybe your fiance should join BE and then he can come in here himself and ask questions during his own time zone....he's the one who needs to start the ball rolling anyway, by filing the I-129F, so we can be here the same hours he is awake, to help him, rather than telling you, then you tell him, then he has questions, etc.

The sooner he files the I-129F, the sooner you'll be in the USA with him.

Rene

meauxna

You still need evidence of this for the interview.
Custody Decree - If the applicant is applying for a visa for a child or children by a previous marriage and if a court has previously restricted the applicant's custody of these children, he/she should present proof that the applicant has been awarded custody by the court for the children and that they may be taken out of the United Kingdom.

hunsley76

As far as I am aware, in the UK, unmarried parents who do not have parental consent are unable to authorise anything except an emergency operation. My sons father has no say over the future of my child without obtaining parental consent from the family court here in the UK. He has not been awarded parental consent by court. I was not married to my sons father.

meauxna

That's fine, just be prepared to show evidence of that when you want to immigrate.
I hear what you are saying, but the CO can't just take your word for it.

hunsley76

But how can I prove my son's father has no responsibility. We weren't married so I can't provide a marriage or divorce certificate, his birth certificate is in his fathers name but I changed his last name to mine when we split, so only have the deed poll certificate.

How can I prove that I wasn't married??

PepsiChic

do you have any contact with the father? You could possibly get him to write a statement that you never married and that you have custody of the child.

Bluegrass Lass

Exactly. Hunsley, you likely will need some kind of notarized/certified statement from the father stating that you have permission to remove the child from the UK or possibly even court documents stating the father has no custody rights. Keep in mind that custody laws work quite a bit differently in the US, and it is not common to be able to remove a child from a parent's jurisdiction w/out proof of permission. There have even been folks brought up on kidnapping charges by the non-custodial parent, when the custodial parent tried to leave the country with the child w/out reaching an agreement.

Don't chance it - get a statement attesting to your ability to remove your child from the UK.

jeffreyhy

h,

How old is the boy? And is his father's name on the birth certificate?

You mentioned that the boy will be traveling back to the UK at least once a year. This is looking a bit far ahead but sfg's post reminds me that should you naturalize while the boy is still under 16 years of age you may be in for quite a treat when you try to get him a US passport.

Regards, JEff

bohemianprincess

Hi, I was just surfing the forum and came across your thread and noticed that you mentioned the high cost of Transatlantic communication with your fiance/boyfriend. My "boyfriend" lives in Scotland and we talk twice a day for FREE on Skype. All you need is a headset with a microphone or webcam, and you're good to go. Just go to Skype.com and register. It's the greatest thing. Good luck to you two