Ridgeback

Hi Everyone,

I have some questions.

I was born in MM in 1965 and looking to move back after 43 years.
What i what to know is, my fiancé will be coming with me and we are going to marry in the Key West next year before we retire to Florida (somewhere) in say 5 years time.
We will be living off a couple of business we own in the UK so income will be passive and will be looking to run/own some kind of small B & B/Hotel to keep us busy.
My Question is where does my wife stand as regards to be able to live and stay in the US?? will she automatically before a US citizen after our marriage in the US??



Please advise
Many thanks in advance
Tony

Guindalf

Where's MM?

No, it's not automatic. She can visit on the VWP, but cannot enter with the INTENT to get married. You can file for a K-1 visa before you marry and she can enter with that intent for 90 days, at which time, you must marry and file for AOS, or you can marry and file for a CR-1 visa.

Links and more information can be found in Pulaski's Ways wiki link at the top of the forum pages.

ian-mstm

She most certainly can enter with the intent to get married. What she can't do, is enter with the intent to marry and then stay to adjust status in the US.

Ian

ian-mstm

Just so we're all on the same page, your intent is that you both go to the US next year to be married? And after marriage, you're going to return to the UK for a few years before finally returning to the US to live? Is that all correct?


She will need an IR-1 visa (or CR-1 visa if you've been married less than 2 years) to allow her to move to the US. She will immediately become a US permanent resident (PR = green card) the day she enters the US with the visa. After 3 years as a PR, she can apply to become a US citizen.

Ian

sir_eccles

Taxes must be fun.

Pulaski

Actually she can apply 90 days before that.

S Folinsky

Idle curiosity, where is "MM?" Or is that a typo?

Also, it pays to be somewhat flexible in your plans. It may be better to get married in the UK and then do the entire processing via the Federal Agencies in the US embassy in London. [This is often referred to as "DCF" for the prior existing procedure where State Department Consular Officers could adjudicate visa petition. I avoid the term because it not accurate.]

Pulaski

If they get married while visiting the US, but return to continue living in the UK, they can still do DCF. ..... We got married in the US, and subsequently did a DCF in London.

Ridgeback

MM = Minneapolis Minnesota.

Thanks for all the comments, whats is DCF mean?

SanDiegogirl

Direct Consular filing.. Which means you can file the application at the London Consulate.

Usually is a little quicker than doing it via the lockbox in Chicago?

Pulaski

Direct Consular Filing, meaning if your USC spouse has lived outside the US for the last six months your visa application and your spouse's supporting paperwork can be filed directly with your local US consular office i.e. in London if you live in the UK. This will probably save you several months compared to filing at the central processing address in Chicago, which is required for USC's resident in the US bringing a spouse or fiancé(e) from overseas.

Noorah101

You didn't read the DCF Wiki Guide, did you. I can tell because it's explained in there.

Rene