Hi all,



My US citizen partner and I are recently engaged. I’m British, and we’re currently living in Mexico on tourist visas while we figure out the best route for me to move to the US—she needs to be back in California for work this year.

I’ve just started a 12-month contract with a US company (likely to rollover) as an international contractor. I understand that a K-1 fiancé(e) visa (Form I-129F) would prevent me from continuing this contract once in the US until I adjust status after marriage.

We’re weighing two options:

1. Marry now in Mexico and apply for a CR-1/IR-1 spouse visa (Form I-130). From what I’ve read, as a British citizen this can sometimes be expedited—potentially around six months—which is appealing as it means I could continue working internationally while the application is processed.
2. Apply for a K-1 fiancé(e) visa (Form I-129F) and marry in the US. Our original plan was for a July appointment, but I’m unclear on current wait times at the US consulate in the UK.

We were initially favouring option 1, but option 2 seems more appealing if the application can be expedited—meaning we could be in the US in 6–9 months, I wouldn’t have to stop working, and even if it took a little longer, we’re in a nice part of Mexico where we’re both earning. That said, I think September would be the latest my partner’s employer could reasonably wait.

For context, I was approved for a J-1 visa in 2006, have no criminal history, and have never been denied entry or overstayed a US visa.

I’d love to hear experiences, cautions, or tips for either route, particularly around timing, work continuity, and consulate appointments.

Add in a third option - if you have a job offer for a US based job, then Direct Consular Filing via the consulate would be your quickest option by far. It’s the only option that would get you to the US and able to work this year.

I’d forget about an expedite, just wanting to go earlier wouldn’t be valid grounds.

You aren't going to get an expedite unless you're dying or there is some undue hardship (her losing her job or you being apart is NOT an undue hardship)

Personally I'd rule that one out.

He sounds like he is an independent contractor.
He does not say he has a job offer nor that the US company is (or would) sponsor him for a work visa.
I agree that if he can get the company to sponsor him for a work visa then that would be the way to go.

If not, then option 1 .....

They don't need to sponsor him for any kind of work visa for DCF. He says his spouse needs to be back in the US for work by Sept at the latest, so that would be grounds for requesting DCF, which would mean the whole process takes around 3-4 months versus 18 months. So if the company will say they need her to relocate to the US asap (with a fixed start date), that should do it.

https://www.uscis.gov/policy-manual/...rt-b-chapter-3

The OP's spouse should ask the company for a letter confirming the job and start date, and should submit the request and see what the consulate says. London is pretty good with DCF requests, not sure about Mexico so personally I'd recommend he asks the London consulate and be ready to get on a plane asap if they say yes. Once the I-130 is filed with USCIS, DCF isn't an option, so the OP should try that first.

https://uk.usembassy.gov/family-immi...-request-form/

We live in strange times, so I would say that this gambit might have more chance of success if the couple had been married for some time. However genuine a very recent marriage, at a time when people’s motives are continually second guessed, it might smack of a convenient way of queue jumping.

Nothing the OP has said warrants a quicker DCF application..... they are in Mexico on tourist visas but are both working there.(?)
Don't quite understand what the US partner's situation is with her company (she's in Mexico and earning there); the OP says that September would be the latest his partner's employer could reasonably wait..... all a bit wooly; but nothing to warrant expediting ....

Her location isn't relevant (other than her needing to be outside the US). I'd expect London to accept the case for DCF if she has written confirmation of her needing to return to the US to start work by September. But it's just a case of filling in the form I linked to and then waiting a few days, that'll give them their answer pretty quickly. If not, then they can pursue the normal I-130.

Lots do it shortly after marriage, it's not unusual. It's a perfectly legit way of doing it if the USC needs to return to the US urgently and can prove that. Just thought it was worth mentioning, if I were the OP that's what I'd try first personally, but his call.

The U.S. Embassy in London can process I-130 petitions for U.S. citizens living in the UK, but typically only under specific limited or exceptional circumstances, such as active-duty military or other urgent, non-routine situations requiring direct filing, as the USCIS London Field Office closed in 2020, shifting most filings online or to the U.S.. If approved, the Immigrant Visa Unit (IVU) at the Embassy handles the subsequent immigrant visa steps (DS-260, medical, interview).

Does the phrase 'for US citizens living in the UK" bear relevance to this post? Does she live in the UK as a permanent resident?

I do not believe so. She is a USC living in Mexico with her boyfriend. He is a British citizen but not living or working in the UK but living in Mexico and working remotely for a US company as an independent contractor. None of what he has written would indicate that he fits the criteria listed above.

It would behoove them to see if they were to marry quickly could their I-130 be handled by the US Consulate in Mexico as a DCF. It should be noted that there are multiple documents that are needed by both of them at the filing of the I-130 that they probably do not have on their person.

Unless he is hired by the US firm he is working for as a permanent employee and can obtain a work visa through that vehicle, he cannot come to the US and continue to work as an independent contractor when she returns home to work.

Yes. The company wouldn't sponsor me. All the employees live and work in Mexico City. But Director and company is based in America. And it's a sales job so hardly something America is missing!

Thanks for the reply.

[QUOTE=christmasoompa;13334187]They don't need to sponsor him for any kind of work visa for DCF. He says his spouse needs to be back in the US for work by Sept at the latest, so that would be grounds for requesting DCF, which would mean the whole process takes around 3-4 months versus 18 months. So if the company will say they need her to relocate to the US asap (with a fixed start date), that should do it.



The OP's spouse should ask the company for a letter confirming the job and start date, and should submit the request and see what the consulate says. London is pretty good with DCF requests, not sure about Mexico so personally I'd recommend he asks the London consulate and be ready to get on a plane asap if they say yes. Once the I-130 is filed with USCIS, DCF isn't an option, so the OP should try that first.



Interesting. I will look into this. But we are not married yet? So she isn't my spouse? Are you saying we should marry and then try the above?

Thanks for the reply!

Yeah, this is my thought also. Plus I don't want to involve the company I'm working with.

Which brings us back to marry in Mexico and apply, or K1, marry and not work for 6-18 months.

Thanks for the reply

So after reading a lot of comments around a potential third option which doesn't seem viable and we're not favourable to.

I must ask:

What is the typical turnaround time right now for a K1 visa? From application to interview.

If we were married tomorrow. What's the average filing time for CR-1/IR-1 spouse visa (Form I-130)?

I know nothing is exact. But we're trying to weigh up the options. If we we able to do option 1 and enter in July/ August then, we would probably take that. But if the waiting time is roughly the same, then staying in Mexico is the obvious option.