Mark Seymour

Hi, some advice please

My name is Mark and Im a self employed professional photographer.
Kim ( who lives in Misouri and is a school teacher) and I want to get married after July next year either in the USA or UK.
Currently I travel once a month to the US for about 10 days and Kim comes to the UK once or twice a year during school holidays. ( June or July are the only months we could get married in the UK due to her having to be here for more than 16 days ).
The reason we have decided to say July 2011 for me to be in the USA is due to my business comitments to photograph already booked weddings up to that point in the UK.
What are my options ?
Currently I believe my best option is to move to the US in Sept 2011 on my UK passport, get married and then apply for marriage visa and work permit although Im not sure if I can travel back n forth to UK during this period.
This would mean me living with no income for that period i believe.

Any ideas or help and advice would be most greatfully recievied
Many thanks
Mark

Noorah101

Hi Mark,

Please read the site rules regarding promoting one's business here, thanks.

As for your plan, it's not a good one. It's illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident.

You will want to research two visas: The K-1 fiance visa, and the CR-1 immigrant visa for spouse. We have Wiki Guides for both of those. Those are the two legal immigration options open to you.

Best Wishes,
Rene

ian-mstm

Hi Mark - welcome to BE. Your plan, alas, isn't legal... and, on the assumption that neither of you have dual US/UK citizenship, you will be spending time apart either as an engaged couple (K-1 visa) or a married couple (CR-1 visa). Once you determine which one you'd prefer, your choice of visa is easy. There are pros and cons for both.

Ian

meauxna

Hi there, sounds like you've got some more reading to do. Please tell us what you've researched so far to arrive at the above conclusions, so we know what you're starting with.

Your options: http://britishexpats.com/wiki/Compar...e-based_visas_

It's unclear what you think you mean by "visa" and 'work permit'.. it's important to get clear on the definitions because we, and US Immigration, are very specific.

If you want to move to the US, get married AND remain with your spouse (immigrate) all in one go, there is one visa option.

You can not move to the US without the correct visa, which you get in advance. This is a 6-12 month process, so you two should probably start very soon if you want to move next summer.

Bluegrass Lass

Before moving to the US to live with your US fiance, you have to already have a visa. There are basically two options for you: K1 fiance visa (which requires you to marry in the US) or the CR-1 Spousal Visa (can marry anywhere, but can only start the visa process once you are married).

So, given that info, the first question to answer is: where do you want to get married?

If you want to get married in the UK, then you really only have one visa option, and that means that you will not be moving to the US in Sept. 2011.

If you really need/want to be here in the US by next Sept, you could always do a K1 visa, come to the US and then do a civil ceremony. Then, once you file for your Adjustment of Status (to get your Permanent Residency) and then you could go to the UK next July for a big marriage ceremony.

avanutria

Hi Mark,

If you want to marry in the US be sure to check the residency requirements for marrying in your preferred state - some states require both parties to be living in the state for a certain period of time prior to the wedding. DH and I got married in Florida partly because they had very little requirements of the bride and groom.

fatbrit

If continuity of life is more important than ceremony, here's an idea for you:

* Get legally married on one of your 10-day visits in the next couple of months. A quick ceremony is just as good immigration-wise as a big splashy one.
* Immediately file the I-130 for CR1.
* Return home at the of your 10-day stint.
* Continue to visit on the VWP. Note that you now have to take extra proof that you will not stay since they will know you now have an immigrant petition pending. You might like to cut the frequency of the visits a tad, too, as you're already in the danger zone, marriage or not.
* Your visa will be ready 8-10 months after you start the ball rolling assuming no issues. When you arrive on this visa, you are an immediate permanent resident with the right to live and work in the US. You can have a splashy wedding celebration now if that's important to either of you.

Mark Seymour

Continuity is more important to us than ceremony. Although I am by trade a wedding photographer a small intimate wedding is what we would like.

What do you mean by danger zone ?
At the moment Im travelling to see her on a monthly basis but always with the intention of returning ( I always have a return ticket ).
I have to return to carry out my work commitments which are currently running at least 10 months ahead.
I am self employed.

Thanks
Mark

Noorah101

These are 2 danger zone signs. You've been OK so far, but back to back trips on a monthly basis can get cut short quite suddenly if the POE officer thinks you're visiting the USA too often (i.e., looks like you're trying to live here). Continue visiting as long as you can, but don't be surprised if one day you get turned around at the POE. You might want to start spacing out your trips further apart than monthly.

Rene

fatbrit

From your first post, you are currently spending around 1/3 of your time in the US.

The tourist VWP is for folks to vacation in the US. Americans get 2 or 3 weeks vacation a year. You don't look like a vacationer to an immigration officer.

You're currently in your honeymoon period with them. Their computer is logging your ins and outs, and the algorithm is starting to turn your text red. Very soon now--nobody can predict exactly when--you'll be shunted off to secondary processing where you'll be subjected to verbal indignities by a paramilitary drone having a bad day. From there on in, it's downhill all the way.

If you're doing the marriage thing, get started on it and have the ball rolling. And meanwhile, keep your visits down.

Mark Seymour

Thanks
I was totally unaware of this
So how do I continue a relationship with a US citizen ?
I was anticipating visiting about 7 days a month

ian-mstm

Carefully! One day, the officer at the POE will decide that you've been to the US too often... and there's absolutely nothing you can do about it. The only thing you can do to combat that, is space out your visits a bit more!

Ian

Noorah101

The same way you have been, with visits of less than once a month...maybe once every 2 or 3 months instead.

Rene

Madelina

Many of us here have longterm, longdistance relationships... most seeing eachother every few months, and consider themselves lucky so you have been incredibly lucky so far, especially to not have been stopped at POE yet - i'd say just prepare in advance of your trips - things like mortgage / rent agreements, employment details and wages, ongoing financial commitments at home, proof that you have the funds to comfortably make all these trips, your parking ticket at Gatwick, that sort of thing.Then if you do get stopped, you can tell the absolute truth of your situation, your intentions, and back them up with evidence.

Seems like a lot of paperwork to shove in your bag but they can be super paranoid that you're trying to get in, and stay in

Mark Seymour

Madelina
Thanks for your tips
Looks like its gona be every 2 months then, with Kim coming over here twice a year that just means 5 trips a year.
All the best
mark