Grapes

Hi all,

Firstly I'd like to say thanks to everyone involved with this site; such a wealth of knowledge and experience to tap into, it really has been a Godsend.

So on that note... I'm thinking of moving to the U.S. (eventually) and I think I have a plan but I'd like to run it past those who know to see if I'm way off, or getting somewhere.

Background is that I met my American girlfriend on holiday in Mexico; long story short, we hit it off, stayed in touch and fell in love. She has been over to the UK and subsequent to that we've decided that we want to commit and be together. I have been to the states before - albeit not where she lives - and love it there but I'm going over in June to stay with her for a couple of weeks. With me so far?

Okay... I've read through all of the info I can absorb until my head is spinning. I've gone through wiki, all the government sites, threads on here, Pulaski etc etc and this is what we are thinking:

1. Get married in US when I go over in June
2. I head back to UK and she applies for spouse visa
3. Later this year, she moves to UK where we plan to stay for up to 2+ years (end 2018 or beginning of 2019)
4. Apply for IR-1 and move to US

Now I know that's a very concise plan and there's way more to it than that in terms of the logistics, paperwork, cost etc but in principle, am I heading down the right path to get to where we ultimately want to be? It appears from what I've read that getting my partner here is easier than getting me there initially and then once married for a time its at least a little easier to get me into the States; is that about right?

There are reasons why we want to be in the UK initially, it isn't just about visas. From a work and financial perspective it makes more sense for me to carry on as I am for the next couple of years and it is coincidental that this also seems to be the better way for us to end up living there, but is it straight forward for her to move back to the States and take me with her as her spouse or does her living here for a couple of years complicate things...?She will be keeping her house over there and plans to rent it out so that we can move in when we go back; I will sell up when we go, however. How will that work tax-wise; will she have to pay US tax on the rent income as well as any income from her job here in the UK along with UK tax?

I've booked return tickets for my trip in June and obviously am coming back but will I have issues getting in on a visitors visa if I state that we intend to marry when I'm there?

I'm sorry to ask so many questions that I'm sure have been answered 100 times before; I've tried to come here with at least an idea rather than just say 'WHAT DO I DO????' and I've been researching for weeks but there's just SO MUCH to try and get my head around.

Anyway, thanks for taking the time to read this and thank you in advance to anyone that responds.

Pulaski

Your history and plan is VERY similar to what Mrs P and I did, though we didn't meet in Mexico.

We moved to the US after just under a couple of years living in London where I owned a house, and the complication with that is if you don't have a job to go to in the US for a work visa, or sufficient assets to meet the assets requirements for a spouse visa. Under those circumstances your wife would have to go ahead and get a job to sponsor you, or she could get a joint sponsor, say a family member, to enable her to meet the income requirements. Of course if you have substantial equity in your home and some savings you could meet the financial requirements yourself, which is what I did.

Grapes

Thank you; your guide has been one of my main referrals throughout the last few weeks!

Do you think I'm on the right track then and it's all about the execution...?

I need to read up on the assets requirements as I haven't got that far down the road yet. The plan is we get my partner into work ASAP after she gets here and then save as much as we can, then take the equity out of my house along with anything else I'll be leaving behind (cars etc). Whether that will be enough... I knew there would be a catch, we are both still traumatised by the complexity of getting me there!

Noorah101

Your plan is definitely doable. I would add that she might as well stay in the UK long enough to become a UKC, that will make it easier to move back and forth between the two countries.

She will contnue to file a US tax return, declaring any world wide income. This will be important when it comes time to do your US Immigration paperwork.

Rene

Grapes

Thank you Rene, I hadn't considered that idea of staying until then.... We will look into this for sure.

username.exe

We have a similar story, too. Ended up staying in the UK for 8 years, long enough to build the career, finish a post-grad and have a couple of kids. Oh, and she became a UKC too .

Because like you we knew we were eventually going to make the move, we became really anal about collecting and filing information etc. that might be required for future immigration purposes. A lot of that stuff was incidentally useful for a mortgage application over here not long after landing.

Grapes

Yes, I've seen several times the importance of retaining 'evidence' and information. Of course, who knows whether we'll stay for less or more time than we currently intend; we may well stay much longer as you did! I have to say though, if it was easier to head stateside I'd go in a heartbeat, as much as I love home.

Grapes

Hi all,

Writing this whilst sat at what is now officially my finances house in Georgia; I proposed earlier this week and she said yes

Things have changed since I wrote the initial plan (above) and we're now planning on me moving here, skipping the living in UK first.

A question I have which is confusing me; assuming my fiancé visa application is successful and I come over here, do we HAVE to stay in the US and get married here within the 90 days or could we fly down to Mexico from here, get married there (at the hotel we met) and then come back into the US as man and wife at which point I'll apply for the next phase... I can't seem to figure out whether we have to get married in the US or not.

Thanks in advance for any help!

Mike

Pulaski

Once you're married, you'll need a spouse visa (CR-1). You cannot enter the US already married, activate a K-1, and adjust status from that.

Moreover, if you enter on a K-1 and leave before you have submitted your adjustment paperwork, after marrying, and received advance parole, the whole fiancé visa process is terminated.

Grapes

This is what we thought... So basically I'd be applying for a spouse visa post-wedding and then have to come back home for the circa 8-10 months waiting before I could actually move here, right?

Pulaski

Correct. You can visit (as usual, per the VWP) while your visa application is being processed.

Rete

Your fiancée's paperwork is only part of the process. It is the smallest and quickest part to get through. The rest of it to obtain the Fiancee Visa (K-1) is your responsibility and done in the UK after her paperwork has been approved and sent to the US Consulate in London.

The answer to your question is YES. Once you have gotten the fiancée visa you MUST get married in the US. You will then file for adjustment of status (AOS) and during the waiting period for the AOS, you can't leave the US or work until you have received your employment authorization document and advance parole both of which are filed for at the same time you file for adjustment of status. Takes about 90 days or more to obtain.

I suggest that you have a look at the wiki above and see the full outline for both the CR-1 visa and the K-1 visa.

Grapes

Thanks both of you for clarifying.

I understand the application process and all we have to go through around the application, we just had our heart set on getting married in Mexico but it looks like it isn't to be as the idea of spending almost a year apart as man and wife is just not appealing at all.

I was fairly sure that we had to officially marry in the US but just couldn't seem to find verification anywhere.

ian-mstm

What's available in Mexico that's not available in any of the border states? Culture? Sightseeing? Language? Weather? Gulf of Mexico? Pacific Ocean?

Ian

Nutmegger

Once you are married and have gone through all the red tape, then head down to the place you met for a celebration. It will make life much simpler! Good luck.