George England

My USC GF and I intend to marry. I am a UKC.

As I understand it we have 3 options, 2 proper, one maybe more
dubious. Does anyone know what time each of these routes might take to
the point where I'd be settled and have a job?

1. Enter US on a Fiance visa and get married.
2. Marry in UK GF move back to US and I follow with appropriate visa
later.
3. Come on visa-waiver and get married "spontaneously". (Okay ... I
know it's naughty)


George England

Bob

Route 3 is asking for trouble if you plan on marrying,if you get denied AOS, no route to appeal, not to mention possible trouble with visa fraud.

As for other routes, depends on where about you plan to live in the US.
Check out www.uscis.gov for approx processing times for where abouts you'll be moving to...it's only a rough guide at best, but it'll give you an idea.

Noorah101

Hi George,

I believe Number 1 is slightly faster than Number 2 as far as processing until you get your visa. The big difference is that in Number 1, you have more paperwork to do once you're here in the USA and will take several months to get your EAD (Employment Authorization Document) and Social Security number in order to work. Number 2, if you go with the CR-1 visa (not the K-3), you will be a PR upon entry and will get your green card and SSN in a matter of weeks. In my opinion, Number 2 is a better option overall.

The problem with Number 3 lies in your intent to marry (which you've demonstrated here on this thread) AND remaining in the USA to adjust your status to PR. It's perfectly OK to marry here in the USA, and then return to the UK for your visa processing.

Best Wishes,
Rene

Stina

And people wonder why genuine VW adjusters get stick....

The difficulty of option 3 is that if you intend to get married, for one you hit the problems Bob mentioned, and also if you turn up at the airport in the US with your suitcase containing everything you've ever owned, you've just sold your house/terminated the lease and quit your job, you're going to have a heck of a time proving that you don't have immigrant intent. It's a risk doing it when you genuinely do it spontaneously, let alone planning visa fraud - which is what you are suggesting there.

I don't know about the relative processing times for K1 and K3, but they are by far and away the safest options you have. Also, be aware that if you want your fiancee to come to the UK to get married and then both of you move back to the US, you will have two sets of visa processing to do. You can't just enter the UK to get married without a visa anymore.

George England

On Sun, 28 Aug 2005 00:56:34 +0000, Bob
<member27413@british_expats.com> wrote:

    >Route 3 is asking for trouble if you plan on marrying,if you get
    >denied AOS, no route to appeal, not to mention possible trouble with
    >visa fraud.

Okay ... just asking :-)


George England

jasonabc

If time is of the essence then do the K1. It'll get you into the country the quickest although it takes a while for work authorisation to come through (and until it does you can't work) and there is yet more paperwork to fill out after you are married.

If you can bear to be apart for a bit longer then do the K3 (or CR-1) - it'll be worth it once you get here for the reasons Rene outlined above.

Can't advise you on the third option - you waive your right to appeal with this method though - so if you do it and get caught - it's over.

;-)

emcheung3

..

Ray

Whatever was told you in your Lawyers office is supposed to be confidential
you have now betrayed that trust ..putting both you and them...in what could be a difficult position
Go tell him you broadcast this to the world ..see if he is happy with that ...

Bob

You wouldn't have been advised that if they knew you'd broadcast the info....not to mention the fact that they are telling you commit visa fraud, you get caught at POE with all your worldly belongings and wedding gear, they might get suspicious and not allow you to enter...or if they suspected at the AOS interview, you'll get denied, and have no way to appeal the decision because you waive the right using the VWP.

Stina

Emcheug3, you might want to consider getting a different lawyer, or at least asking the one you have if he has defended many cases where he has previously advised visa fraud.

Man, this p"sses me off.

ian-mstm

Your lawyer is an idiot and if you listen to him, you're an idiot too. When bad stuff happens to you as a result of following your lawyer's bad advice, there will be no one to blame but yourself. "My lawyer said..." is *not* a defense!

Ian

Folinskyinla

Hi Ray:

I wonder how the attorney phrased it? BTW, the attorney-client privilege belongs to the CLIENT. The attorney is OBLIGATED, except under certain circumstances, to keep his mouth shut. However, the client is free to blab is she so wishes.

Attorneys are taught to not give advice that they would not want to become public. Quite a few years ago, a prominent colleague in Florida passed on the advice of the drug defense bar in Miami -- when speaking to a client, assume he is wired and every word you say is heard by the District Attorney.