jossnell

I am a British Citizen working in the Middle East, where I met and have got engaged to an American Citizen I work with. We have know each other for over a year and her contract will finish in July when she will move back to the US to live and work. We would both like to get married in April 2010. How do I and when would I start the visa process so that we can get married and both live in the US.

Noorah101

Hi and welcome to BE.

Go to the blue bar at the top of this page, and click on Wiki. Find the section for USA, and then USA Immigration. Read the articles relating to "CR-1" (for spouse visa) and also "K-1" (for fiance visa).

You basically can either have the USC file in the USA towards a fiance visa for you to enter the USA and get married within 90 days of your arrival...after that you are allowed to stay in the USA and apply for a green card. That process takes about 6 - 8 months through London.

Or, you can wait until April 2010, get married, and then have her start your spouse Immigrant Visa (CR-1), which takes about 8 - 10 months to process. Upon entry to the USA using that visa, you become a US permanent resident immediately.

Rene

jossnell

Hello,
During the process for a K-1 visa which takes 6 to 8 month will I be able to visit my fiance in the US on a visitors visa?

ian-mstm

Yes.

Ian

Noorah101

Yes, it's allowed. You should make sure you have strong ties to somewhere outside the USA which shows you do not intent to immigrate, just in case they ask for it at the POE.

Rene

jossnell

Thanks Rene,

You have been a great help, I will start the process in London when I go on my next leave in August. Give's me time to go through the mountain of paperwork. I wonder if the Embassy in Baghdad would process the application?

Dave

ian-mstm

Umm... *you* don't start the process at all - your USC fiancee *must* initiate the process.

Ian

jeffreyhy

j,

Maybe.

You can apply for the visa, and if it seems to the visa officer that you will indeed just be visiting and are not a risk for remaining in the USA then the visa should be issued. Then again when you appear at the POI and request entry, if it seems to the CBP officer that you will indeed just be visiting and are not a risk for remaining in the USA then you should be granted entry.

But you wrote that you are a British citizen? Why will you be using a visa rather than the VWP? If you're not eligible to use the VWP the reason for that may affect the decision on the visa application or the decision on the request for entry.

Regards, JEff

Noorah101

As Ian says, you don't start the process. The USC starts the process by filing the appropriate forms and paperwork in the USA.

Baghdad *might* process the K-1 for you, if you'll still be there in 6 - 8 months to attend the interview. But my guess is it will be a LOT easier to go through London.

Rene

meauxna

This choice will be based on your residency at the time; when do you get out?
I'm not sure that is the Embassy I'd choose if I had a choice... although I hear it's nice n' big.

jossnell

Hello All,

And thanks for all the information.

I forgot about the VWP and I do have an ESTA #.

I will ask my fiance to start the process when she returns in July.

Yes Baghdad Embassy is very very big but I think I will use the Embassy in London it will be a lot easier to get into.

Dave

meauxna

Where will you be living around December time?

jossnell

Sorry for not repling sooner but by fiancee finished her contract sooner than anticipated, hopefully I should be on leave back in the UK or the States in December why?

meauxna

hmm, on leave.
I was wondering about where you could interview, I think. If your USC gets the petition filed now and you allow 6 months, you could be interviewing close to that time.
Is your US military? There is a special hotline for help for military members and immigration.

Normally the Consulate which serves your current residence is the one you will interview in. I should have asked before: When are you done with Iraq?

The Consulate normally likes you to have sufficient forward permission to remain in the 3rd country before they take your case. I also don't know if Bahgdad is faster, more efficient, easy to deal with etc compared to London. I've only seen one interview report from someone going through there.

Even if things change for you, your fiancee will be able to change the Consulate designation, but it doesn't spin on a dime, so planning that part ahead may help you.

jossnell

We are both civilain contractors.

She has just returned to the states and will start her part of the K1 as soon as she gets settled back in.

My next leave periods are in September and then again in December.

I think the Embassy in London will be the best bet for my parts of the K1 as the UK is still classed as my current residence, going to Baghdad Embassy may create its own problems.

The current contract I am on runs out in January 2010 but hopefully I can pickup another soon afterwards