jambey2510

That's a suggestion I know will freak the fiance out when I show her that when she gets home later!

I want to move here with her in summer of 2017 though, so I'm assuming all aforementioned fees (what are these fees?) will still apply to us?

Pulaski

Re the PS in post #1, the prior J-1 is irrelevant, and the SSN is still yours, it's yours for life, but has no bearing on immigration and visas. It just means when you immigrate you won't need to apply for a SSN, because you already have one.

jambey2510

Sorry, that was what I was trying to ask! It just means one less thing on my to do list then! Thanks

ian-mstm

You're welcome!


As you know, there are 2 appropriate visas: K-1 (fiancé) and CR-1 (spouse). Both take about 8-10 months to process... so whenever you plan to move, work back from there to arrive at an approximate start date for the process.

We have a good comparison chart here.

You can start the K-1 process now, because you meet all the requirements. In 8-10 months you'll get a visa and can move to the US. Once you arrive, you have 90 days in which to marry. The marriage must take place in the US. Once married, you then file to adjust your status (AOS) to become a US permanent resident (= green card).

You can't start the CR-1 process until after you marry. Once married (the marriage can take place anywhere in the world), you get started on the paperwork and the day you arrive in the US you immediately become a PR and get a green card.

Two different routes; two different sets of requirements; two different fee structures; and two different short-term outcomes... but only one long-term outcome! You get a green card and can thereafter live/work in the US without restriction.

Ian

Pulaski

For some people the key difference is the financial consideration, that with a K-1 you are trapped in the US for upto five months during which working is illegal or impractical (you'd only get short term work), whereas with a CR-1 you can work up until the day you leave the UK (or whichever country you're living in), and can start work as soon as you have immigrated to the US. The difference (five months work) could easily be many thousands of pounds.

Pulaski

Writing as someone who is already married, I would recommend that you don't tell her you're marrying her to save $500!

Jerseygirl

Speaking as a wife...she will probably insist on spending the $500 on a handbag or shoes.

Pulaski

FIFY

Jerseygirl

Even if you did change my words.

jambey2510

Thanks for the reply guys. I understand the whole process of the CR1 now. Just a couple of questions to clear things up a little bit on the K-1 side.

I understand that I can apply for it now, we get married when it's all processed etc in the 3 month time frame that we are given. I understand that once we marry on the K-1, I have to wait a few months to be allowed to work, whilst they process the adjustment of visa status etc.

If we applied for the K-1 now, and I came over around easter time of 2017 and we got married then, am I allowed to leave the country to go back to the UK to finish up my course? So then when summer rolls round I'd be hopefully legal to work in the USA and I'd have finished my course? Or must I stay in the USA once we have married on the K-1 visa?

Pulaski

After getting married you would need to wait for something called "advance parole" which takes an unspecified period of time after you file for advance parole simultaneously with filing for adjustment of status after getting married.

IIRC advance parole takes about two months to arrive, but could be longer, and if you leave the US before getting advance parole, the adjustment from K-1 to CR-1 is deemed abandoned and you'd have to start over.

jambey2510

Okay, thanks for clearing that up. It'd just be ideal as a soon to be teacher that I'm allowed to work etc by the time the school year starts, for obvious reasons! Thank you for all the information.

jambey2510

Hi guys, quick final question, sorry to be asking so many! I did read somewhere a while ago that when you apply for the K-1, and you get married in the USA, you can apply for a temporary work permit when you apply for the adjustment of status. Is this true? And if so, how does one go about applying for it?

Pulaski

Is that a promise?
That's the "EAD" (Employment Authorization Document, post #8, above) which covers you until the adjustment of status is completed. You apply with the adjustment of status paperwork, and as mentioned above, the EAD typically comes back around two months later. It has been known to take longer, with one BEer waiting about 12 months after an almighty snafu.

jambey2510

Thank you. Also, with regards to me having to go to the London embassy for an interview, will they give me a date to attend or do I get to make said appointment based around when I can make it?