BritIAN

Hi

I would like your opinions please.
I am currently in the US on VWP and have a girlfriend who is a USC, I am UKC. (Dont worry, its not a '10 foot pole' question.)

Having overstayed on VWP on my last visit by 2 days it looks unlikely I will be able to return anytime soon.
My girlfriend and I ar enow considering getting married and starting the legal process to get me here permanently.

Would it make more sense to get married now in the US and then return to the UK whilst she files the paperwork. Or should I go to the UK, she files the papers for a Fiance visa and then I return and get married?
Is there a difference in wait time between these 2 options?
Is either option better than the other?

Like I said its not a '10 foot pole' question. I have to return for 5 months to sort things out anyway.

Thanks for any help, comments, opinions and Have a Great Day

Noorah101

The two options take basically about the same amount of waiting time - around 8 to 10 months. The major difference is that with the K-1 visa, you need to file more paperwork in the USA (after your arrival) in order to start your green card process, and you probably won't be able to work for the first few months in the USA after your arrival. With the spouse immigrant visa, you become a PR upon entry to the USA, and are eligible for work from Day 1. No further paperwork required to obtain your green card.

So, since you have the option of getting married now, and filing the I-130 ASAP, in my opinion this is the better overall visa, if you don't mind being separated as a married couple.

Best Wishes,
Rene

p.s. - thread moved to the Marriage-Based Immigration forum.

BritIAN

Thanks for the quick reply.
(I figured it was in the wrong forum after I had posted it but couldnt find a way to move it)

Looks like marriage it is then.

One further question. After we apply for the I-130 will my new wife be able to join me for some months in the UK?
Or will she be needed for anything further in the US by USCIS or other US agencies and have to stay there?

Thanks

Noorah101

Your wife is allowed to visit you in the UK, but there will be some back and forth correspondence from NVC, once the I-130 is approved. If someone is picking up her mail, they can probably forward it and she can mail what she needs from the UK, if she's still over there. The most important one will be the I-864, Affidavit of Support. She will need to prove that she earns a certain amount of income to be your financial sponsor. Go to www.uscis.gov, Immigration Forms, I-864 and I-864P to see the form and the income guidelines. If she is not working she can use assets at 3x the amount that would have been needed from income, or she can get a joint sponsor to help out.

After those items are sent back to the NVC, the case is forwarded to London, and you'll receive your visa application package.

Rene

Poppy girl

Am I readin the thread wrong!!
If you overstayed last time by 2 days on the VWP how the heck did you get back in again on it!

BritIAN

Hi Poppy

See this thread to see what happened http://britishexpats.com/forum/showthread.php?t=494201

Poppy girl

Gottcha lucky you hey!
Hope you did not find it rude to ask I just could not work it out, had I of used my common sense then I would of looked up your previous threads.

Good Luck go get her lol

Just Jenney

I read the thread and saw someone's response that said, "If they admitted you on the VWP again like the overstay didn't happen, they violated their own regulations."

I am admittedly not well-versed in this sort of thing, but that was the first thing that popped into my mind when I read (in this thread) that you reentered on the VWP when you should have had a tourist visa. Hopefully someone else can comment on the likelihood of that biting you in the butt later on.

In the meantime, don't assume that the POE officer's "good mood decision" to let you in won't negatively affect things later on. Maybe it will, maybe it won't. But as has been witnessed time and time again on this forum, ultimately it's up to the immigrant to follow and comply with immigration law, even if following poor or erroneous advice given from US immigration officials.

~ Jenney