elgr

Hi all,

I am incredibly confused and overwhelmed by the amount of information I've been reading. Long story short - my American fiance and I (UK citizen) want to marry.

Should we marry while I am on an ESTA and visiting the US, then file for the i-30? Will I have to go home before this is approved? Is this legal? (I assume it is?!) Will I have to attend an interview and medical in London?
Is the K1 a waste of time?

He works and can provide financially for me, however I have been on benefits in the UK, as have been unable to work due to health issues. I want to come off the benefits as I'm sure it does not look good to the US officials and worried they would deny my application based on this?

Can anyone give some advice (without using acronyms please, I am not sure what they all mean yet!)

SanDiegogirl

Yes you can marry in the US while you are on the VWP

YOU then return to the UK and your husband files the I-130 for your petition.

You will attend the interview and medical in London

No, the fact you are on benefits will not hinder the application. Your husband has to show he has the finances to support you.

The K1 is for a fiance visa. Once you have the visa, you enter the US, get married and then adjust status.

Basically, you either marry in the US and then wait in the UK for your visa OR you wait in the UK for the fiance visa and then marry in the US.

Both take around 9 to 12 months.

elgr

Thank you for the clear and concise answer!

With the K1, I assume I am allowed to fly back and forth while waiting for the interview, medical and visa to be approved?

With the i-130, am I allowed to fly back and forth while waiting for approval?

If I go down the K1 route, once I marry in the US, do I need to stay in the US for my status to be adjusted, and cannot leave the country during this time?

Twinkle0927

You can continue to visit during the process. That applies to the K-1 or the CR-1.

With a K-1, you MUST marry within 90 days of arrival, and you are then stuck in the country until your green card is issued or your advance parole (travel permission) is approved, whichever comes first (usually the advance parole).

Normally I would urge against the K-1 as you are stuck in the country unable to work or travel overseas for several months. It is also more expensive. However if you won't be working anyway, I suppose it won't matter which path you take.

BenK91

I personally would take the CR1 over the K1.

I came in on the K1 (it took just over 4 months from filing to having the visa in hand, however this is unusually fast so don't take this as a reason to do it).

As Twinkle0927 has said, if you're not interested in working then the K1 will do the job. Once you've married and filed for AOS you'll then be facing a 3-4 month wait for your AP and EAD. This is also an extra expense. Filing the I-485 (Adjustment of Status) is $1225. This is on top of the K1 fees and the medical you will have to take.

elgr

Thanks both of you. So just to clarify, going over on an ESTA, as long as my visit isn’t with the sole intent to marry, but I do end up marrying my boyfriend, this is ok/legal?
I have been reading how going over with the intent to marry while on an ESTA is not really allowed.

Pulaski

Going to the US on the VWP/ESTA with intent to marry is perfectly legal, I did so myself. However then I left again and applied for a CR-1, because although going to the US on the VWP/ESTA with intent to marry is perfectly legal, then staying afterwards is not perfectly legal. Lawyers do very nicely steering people through the mess that is created by marrying on the VWP and attempting to stay.

If the immigration officer when you arrive in the US and attempt to enter on the VWP, thinks you are at risk of marrying and staying you will be denied entry. I took evidence of home ownership and ongoing employment in the event I was challenged, to "prove" I wasn't planning to stay after marrying, but the fact that you don't work is IMO a reason to take the K-1 route because you run a greater risk of being denied entry on the VWP if the immigration officer finds out that you have come to get married.

elgr

Good point. I don’t have many ties in the UK.

I wanted to visit the US for Christmas (having visited in June and Oct, for two weeks each time), but would not be planning to marry this visit. Are immigration officers likely to deny me entry if I visit too often? I have not done anything wrong when in the US, and have definitely not ever overstayed (as I say, 2 weeks for both visits!) but considering the questioning I had at POE in Oct I am worried they are getting suspicious of me.
I don’t own a home. I pay rent to my parents under a private/personal agreement. I do not work (on benefits) I am studying via distance learning part time. I own my own car but that is hardy a tie. Any suggestions?

Twinkle0927

Going with intent to stay is what is not permitted under the VWP. Going with the intent to marry is perfectly fine and Virgin Holidays makes a good business out of people flying from the U.K. on the VWP with the intent to marry in Las Vegas, Florida, New York, etc. They wouldn't be advertising such holidays if it were illegal.

Pulaski

IMO you are a long way short of being denied entry for visiting too often. If you had spent two or three months in the US on each of your earlier visits this year then you might be at risk of being denied entry, but three two-week visits in a year isn't a big deal .... unless there are additional risk factors. And remember, you now not only have a history of coming to the US, but you also have a history of leaving again, which is exactly what the CBP immigration officers like to see!

If you get in OK at Christmas, as you likely will, you might consider a snap, unplanned wedding - then return to the UK and get a CR-1. You will still be able to visit again on the VWP while your CR-1 is being processed.

Twinkle0927

The pattern of visits you have suggested is not considered "too often". I visited a lot more frequently. I visited every 6 to 8 weeks and racked up over 40 visits in the 5 years before I immigrated. I was asked what job I do that allows me to travel so much (I work for an airline) and how I can afford the tickets (I don't pay the same price as the rest of the passengers). I was once asked to provide the name and number of my manager so that they could verify my claim of returning to work the following week. My manager says no one called and it was 2 am U.K. time anyway so it's a good thing no one called. I was also regularly asked how much money I had with me. I always answered, very truthfully, "about $15 and £10 in cash" as I don't carry much cash and use my bank card for almost all transactions. I just have small amounts of cash to get a drink or a newspaper at the airport.

Your ties to the U.K. are weak, but I can't see it counting against you with a good record of visits.

Rete

Just to clarify, you will have to pay for a medical at an authorized USCIS panel physician no matter which visa you use. There is either a medical at Knightsbridge in the UK if you the K-1 or CR-1 or a medical in the US if you are here on another visa and marry and stay to adjust status based on that marriage. The K-1 recipient, in the past and is probably still true today, needs to have their vaccination records supplemented by the USCIS panel physician for the filing of their adjustment of status. They do not require another full medical unless that is their choice.

Here is the comparison chart of marriage based visas from the wiki

http://britishexpats.com/wiki/Compar...ge-based_visas

Also note that while awaiting adjustment of status after filing after marriage on a K-1 varies greatly from person to person. Some people are adjudicated without an interview and within a few months of filing while others can and do wait up to a year for an interview to be scheduled. You are allowed to work and travel while waiting and while there is a few months waiting period to obtain the documentation that allows you to work and travel outside of the US, again, ymmv. Planning on marrying immediately upon entry and filing within a short time period after the wedding will cut into the wait time. What many people do is treat the K-1 as a 'lets see if we are right for each other before we marry." This is not the intent of the K-1 which requires letters of intent from both parties that they will marry within the 90 day validity period of the K-1. So if you marry within a week of entry instead of day 87 of the K-1 validity period, and you file for adjustment of status asa you received the certificated marriage certificate (usually ten days after the wedding), you can effectively shave 2 months off your waiting time for the employment and travel authorizations. For example, marry day 87 and then file and wait 3 months for authorizations you will have been waiting without the ability to work and travel outside of the US for nearly 6 months. Marry immediately and file for adjustment within two weeks after the wedding and you will have been waiting for 4 months. Many people use those 4 months of waiting to acclimate themselves to the US and their newly married state.

The CR-1 has many advantages and only a few disadvantages. The choice is yours and your fiancée.

elgr

Thank you all for your advice.

S Folinsky

In reading this thread, I perceive issues that are best NOT discussed in a public forum. This is especially true given the current administration's negativity on almost any immigration.

While OP is still in the United States, I would suggest that he have a paid individual consultation is in order. Such consultation would be "privileged," e.g. secret. It is better done sooner rather than later.

<<<SNIP>>>

I'm not trying to be obscure, but advance knowledge will be a good thing -- but a public forum is not really the best place.

Good luck.

scrubbedexpat099

I would have visited, reconsidered after entering and adjusted.