Move as fiancee or wife?
Mar 15th 2016, 1:31 pm
#16
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Move as fiancee or wife?
Should the op apply for a GREEN CARD, without supplying pictorial evidence, utility bills in both their names, general evidence of being in a long term relationship together, they absolutely will be asked questions about this to determine it's not a bogus marriage for immigration purposes
The other evidence you mentioned above also doesn't exist in many cases - utility bills would only apply when a couple had lived together, and in any case they are usually only in one name - mine were in London after we married, and that had no bearing on my CR-1 application. Our utility bills now are only in one of our names too.
Mar 15th 2016, 2:06 pm
#17
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Move as fiancee or wife?
Besides being with your bf, what will you do in America?
It's 125% above the state poverty line at the time of applying so a lot higher than 20 grand
Should the op apply for a GREEN CARD, without supplying pictorial evidence, utility bills in both their names, general evidence of being in a long term relationship together, they absolutely will be asked questions about this to determine it's not a bogus marriage for immigration purposes
Honest to god, if you can't respond correctly, please don't respond at all. As I've noted to you elsewhere... read more, post less! Immigration is hard enough without you posting incorrect information.
Ian
Mar 15th 2016, 3:26 pm
#18
Concierge
Joined: Apr 2001
Posts: 46,393
Re: Move as fiancee or wife?
Besides being with your bf, what will you do in America? What job do you currently have in the UK and do you believe your qualifications/experience will translate here? What does he do here and does he have the required income he'll need to sponsor you for a green card? It's 125% above the state poverty line at the time of applying so a lot higher than 20 grand
America is an amazing country, Americans in general are some of the friendliest people you'll ever meet but the grass isn't always greener if you've never lived here previously and don't know anyone here, what will do if it doesn't work out with the bf?
Mar 15th 2016, 3:40 pm
#19
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Joined: Apr 2001
Posts: 46,393
Re: Move as fiancee or wife?
Re: Citizenship Issue
He is currently married but legally separated. What is he basing his criteria for naturalization on? Will it be as a LPR for five full years or will it be as an LPR being married to a USC for a full three years?
If the latter, there might be problems. He and his wife are not living together as husband and wife. If they are legally separated, there is a legal document stating that their marriage is not 'viable' for lack of a different word.
If they are separated but still living together and there is no legal document showing their separation, I would urge him to consult with an immigration attorney before applying.
If he is applying based on 5 years as a LPR, then he has no problems.
He is currently married but legally separated. What is he basing his criteria for naturalization on? Will it be as a LPR for five full years or will it be as an LPR being married to a USC for a full three years?
If the latter, there might be problems. He and his wife are not living together as husband and wife. If they are legally separated, there is a legal document stating that their marriage is not 'viable' for lack of a different word.
If they are separated but still living together and there is no legal document showing their separation, I would urge him to consult with an immigration attorney before applying.
If he is applying based on 5 years as a LPR, then he has no problems.
Mar 29th 2016, 1:50 am
#20
Forum Regular
Thread Starter
Joined: Oct 2002
Location: United Kingdom
Posts: 288
Re: Move as fiancee or wife?
Thank you Rene 
Suze
Suze
Since you are planning ahead, you need either a K-1 fiance visa or a CR-1 spouse Immigrant visa.
Both take approximately the same amount of time (once he's a USC). You have to factor in that you can't start the immigrant visa process until you are married. The biggest advantage of the immigrant visa is that you become a US PR upon entry to the USA (no AOS involved).
We actually have a wiki guide with a chart that shows the main periods and cons of each path.
Rene
Both take approximately the same amount of time (once he's a USC). You have to factor in that you can't start the immigrant visa process until you are married. The biggest advantage of the immigrant visa is that you become a US PR upon entry to the USA (no AOS involved).
We actually have a wiki guide with a chart that shows the main periods and cons of each path.
Rene
Mar 29th 2016, 1:52 am
#21
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Location: United Kingdom
Posts: 288
Re: Move as fiancee or wife?
Thank you Wintersong. I see what you mean about the spontaneity, or lack thereof! However if we take the status adjustment out of the equation, I'm guessing that I could go there and, if asked, give the reason for my visit as getting married, as long as I didn't plan to stay.
Suze
Suze
Hi Suze,
Congrats and good luck
I'd definitely recommend one of the two 'above board' methods of obtaining a visa (i.e. spouse or fiancee). The key word here is spontaneous - given the info you've provided, it's clear that any wedding while you were in the US on VWP would not be spontaneous, since you're already semi-planning the "spontaneous" proposal and "spontaneous" decision to get married before your departure. Would it be possible to adjust status after such an event? Quite probably. However, given that in order to get married you'd likely need to bring with you your birth certificate and divorce decree, you might be hard pressed to prove that you had no intent to marry when you entered.
If you arrived on VWP and told the immigration officer that you intended to get married, you'd probably find yourself on the next plane back to the UK.
Congrats and good luck
I'd definitely recommend one of the two 'above board' methods of obtaining a visa (i.e. spouse or fiancee). The key word here is spontaneous - given the info you've provided, it's clear that any wedding while you were in the US on VWP would not be spontaneous, since you're already semi-planning the "spontaneous" proposal and "spontaneous" decision to get married before your departure. Would it be possible to adjust status after such an event? Quite probably. However, given that in order to get married you'd likely need to bring with you your birth certificate and divorce decree, you might be hard pressed to prove that you had no intent to marry when you entered.
If you arrived on VWP and told the immigration officer that you intended to get married, you'd probably find yourself on the next plane back to the UK.
Mar 29th 2016, 1:55 am
#22
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Thread Starter
Joined: Oct 2002
Location: United Kingdom
Posts: 288
Re: Move as fiancee or wife?
Thank you Pulaski. I wonder why they do this then? Is it because the green card can be revoked within those two years if you split up or if the USC spouse dies or something?? <shudder>
Suze
Suze
You've already got some good info, but one thing you asked that I don't think you have an answer to yet is about the "conditional green card". It is a green card for permanent residents in every way except that it is issued to anyone who has been married for less than two years, no matter whether they entered on a K-1 fiancée visa or a CR-1 spouse visa. It's nothing to worry about, and you apply to have the conditions removed two years after you got the green card (not two years after you married).
Mar 29th 2016, 1:58 am
#23
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Joined: Oct 2002
Location: United Kingdom
Posts: 288
Re: Move as fiancee or wife?
Suze
Mar 29th 2016, 1:59 am
#24
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Joined: Oct 2002
Location: United Kingdom
Posts: 288
Re: Move as fiancee or wife?
I think you maybe got mixed up and are thinking of a different country perhaps?
Suze
Suze
Should the op apply for a GREEN CARD, without supplying pictorial evidence, utility bills in both their names, general evidence of being in a long term relationship together, they absolutely will be asked questions about this to determine it's not a bogus marriage for immigration purposes
Mar 29th 2016, 2:02 am
#25
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Re: Move as fiancee or wife?
Thank you Rete, he has been an LPR for seven years so is not relying on the fact he's married to a USC.
On that note, does anyone know how long it's currently taking for citizenship applications to be processed? Does it depend on where your application is processed?
Suze
On that note, does anyone know how long it's currently taking for citizenship applications to be processed? Does it depend on where your application is processed?
Suze
Re: Citizenship Issue
He is currently married but legally separated. What is he basing his criteria for naturalization on? Will it be as a LPR for five full years or will it be as an LPR being married to a USC for a full three years?
If the latter, there might be problems. He and his wife are not living together as husband and wife. If they are legally separated, there is a legal document stating that their marriage is not 'viable' for lack of a different word.
If they are separated but still living together and there is no legal document showing their separation, I would urge him to consult with an immigration attorney before applying.
If he is applying based on 5 years as a LPR, then he has no problems.
He is currently married but legally separated. What is he basing his criteria for naturalization on? Will it be as a LPR for five full years or will it be as an LPR being married to a USC for a full three years?
If the latter, there might be problems. He and his wife are not living together as husband and wife. If they are legally separated, there is a legal document stating that their marriage is not 'viable' for lack of a different word.
If they are separated but still living together and there is no legal document showing their separation, I would urge him to consult with an immigration attorney before applying.
If he is applying based on 5 years as a LPR, then he has no problems.
Mar 29th 2016, 2:43 am
#26
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Move as fiancee or wife?
About 4 to 6 months from filing N-400 to interview. Then it depends on location how quickly they can do an oath ceremony.
