greenerpastures

please del

jeffreyhy

Depends entirely on what your preference and priorities are, and you haven't been very specific in that regard.

I can say this:
- Your first and last options are not permitted under US immigration law, and although many people have been successful in immigrating that way a few have been badly burned.
- One does not go to the US as a visitor "on ESTA". One goes to the US as a visitor using a B visa or on the Visa Waiver Program (VWP). ESTA is pre-clearance for using the VWP.

Regards, JEff

ian-mstm

The "best" way, is the one that works for you. It might not be the same choice that works best for someone else.


This is illegal, so not a good choice.


This is one option.


This is another option. It takes as long as the the choice immediately above... but it has definite advantages the other doesn't.


This is illegal... so not a good choice.


In a nutshell... basically, you have 3 choices.

1) Get married in the UK (he will need a visa to do that), and then he files an I-130 in the US to start the process. In about 8-10 months, you will receive an immigrant visa. The day you enter the US with that immigrant visa, you will immediately become a US permanent resident (= green card) with immediate permission to live/work in the US.

2) You visit him in the US on the VWP. You get married and then you return to the UK before your 90 days is up. He files an I-130 in the US to start the process. In about 8-10 months, you will receive an immigrant visa. The day you enter the US with that immigrant visa, you will immediately become a US permanent resident (= green card) with immediate permission to live/work in the US.

3) He files an I-129F petition to start the process for a fiance visa. In about 7-9 months, you will get a K-1 visa. You will then enter the US using the K-1 visa and you two will marry within 90 days of your entry to the US. After marriage, you file to adjust your status (from K-1 beneficiary to US permanent resident). You can stay in the US during the adjustment process. When the adjustment process is approved, you get a green card.

There will be a period of separation. Would you rather be separated as a married couple or an engaged couple? The answer to that will determine which visa you go for.

Ian

ian-mstm

Well... for example, is it important that you work in the US immediately?

Ian

Noorah101

Are you sure? He's a dual UK/USC. If he's a UKC, he wouldn't need a visa to get married in the UK, would he?

Rene

Noorah101

What makes you think the K-1 is superior to the Immigrant Visa? It might be, for your situation, but just wondering why YOU think it is. If you have the option of getting married first, without undue hardship, the Immigrant Visa is superior to the K-1, because you become a US PR upon entry to the USA (no need for adjustment of status afterwards).

Where is he living right now? Is he living in the UK or the USA? That will affect which Immigrant Visa route you have available.

In general, no matter which visa route you choose (K-1, Immigrant Visa - I-130 filed either in the USA or directly to London), your "ASAP" length of time will be about 8 months on average.

Rene

jeffreyhy

If it's as simple as that, your preferred option is to have your fiance immediately submit an I-129f petition leading to a K1 visa. It will get you into the USA on a permanent basis several months faster than getting married and then submitting an I-130 petition leading to an immigrant visa.

Regards, JEff

jeffreyhy

Except that the K-1 visa process can be started immediately, the immigrant visa process cannot be started until after marriage. So starting from now, the K-1 will get her into the USA and living with her finace that much sooner.

And that's what she told us her priority was.

Regards, JEff

Noorah101

Yes. When I wrote that, I didn't know where the UKC was living. I thought if he was living in the UK, it might be feasable to get married soon-ish, then file the I-130 to London.

As the OP has now confirmed, he lives in the USA, so filing directly to London is not an option.

The K-1 visa can be a couple of months faster in terms of processing to get the visa in hand. You won't become a US PR until after you do the Adjustment of Status paperwork (more paperwork and another $1,000+ fee) once you are in the USA and married. If your goal is simply to be together ASAP, then yes, the K-1 is it. The K-1 process takes about 6 - 8 months.

Rene

ian-mstm

My bad... I missed that bit! Good catch.

Ian

Noorah101

Now that we know more about your living situation (you are in the UK, he is in the USA):

It is illegal to misrepresent yourself at the POE as a visitor, when your true intent is to remain and adjust status.

Possible, but takes 8 to 10 months (as opposed to the 6 - 8 months for K-1 visa).

Not possible because USC doesn't live in the UK.

It is illegal to misrepresent yourself at the POE as a visitor, when your true intent is to remain and adjust status.

Looks like K-1 is what you want, in your situation.

Rene

Noorah101

It can be, sometimes, at some consulates. But the USC must be living in the foreign country for 6+ months in order to qualify to file the I-130 directly there.

Also, London is not not all that much faster than filing the I-130 in the USA. DCF (JEff will come along and clarify that it's not a true DCF, LOL) in London currently seems to be taking about 6 to 8 months.

Rene

Michael

Going the K-1 visa route also means that she won't be able to work in the US until about 3 months after she gets married since she won't be able to work until she gets the EAD or the adjustment of status is approved whichever occurs first.