henryh

J-1 carries nonimmigrant intent, so for this purpose it's the same as a B-1/B-2, and similar to VWP but having the right of review. So how would it have been different?

Noorah101

Good point, thanks for mentioning that.

Rene

henryh

Theophilus: I also wouldn't anticipate any problems with your future wife's adjustment of status. Don't worry about her being here in J-1 status, people adjust from that all the time.

ian-mstm

I'm not sure how many times this needs to be repeated... but here it comes again: the concept of "non-immigrant intent" - for any visa - is relevant ONLY when appying for and receiving the visa. Once you are in the US, you are allowed to live your life - which, however inconvenient it may be for the US government, includes permission to change your mind if/when circumstances change. As I've said repeatedly over the years, just because a visa does not specifically allow "dual intent" it does not necessarly follow that "dual intent" is specifically prohibited. The only time "dual intent" is specifically prohibited, is when the visa specifically prohibits it. Currently, I am not aware of any visa that specifically prohibits "dual intent".

Okay - I realize this isn't exactly what you were responding to... but hey, I've not met my "rant quota" for the week yet.

Ian

Theophilus

Thanks for the guidance thus far: from what I understand - the Marriage on the J1 is out, as I do not see it sensible to gamble with the AP arriving by Sept. 2nd, and she has to leave for classes. Also, she will be unable to return for an interview.

If we were to get married through a British Visa in the UK, would we have to afterwards file for an immigration visa so that she could come to the States?

As I see it right now - a K1 visa is the only viable option. However, it presents a further dilemma as we want to have the official ceremony in the UK, then more of a blessing ceremony in the states once we both come here.

ian-mstm

Yes.


If this is true, the K-1 visa is not a viable option. You can't have it both ways. Sorry.

Ian

Noorah101

I agree. With these restrictions, it sounds like AOS will not work for you guys.

Yes. You need the proper visa to marry her in the UK. Then after marriage, you file an I-130 to a service center in the USA which will eventually lead to her Immigrant Visa so that she can move permanently to the USA. This process takes about 8 to 10 months (meauxna earlier quoted about 6 to 8 months, maybe things are speeding up).

You could marry now, here in the USA, and start the I-130 going now. Then she'll probably have her immigrant visa in hand right about the time she wants to actually move to the USA. If you need to have a blessing ceremony for family in the UK, you can do that anytime while the process is going on.

Unfortunately, the Official Ceremony (i.e. legal marriage) has to take place in the USA after arrival on the K-1 visa. You can have a blessing ceremony in the UK after that.

Don't even think about having any kind of blessing ceremony or unofficial ceremony or marriage type thing during the K-1 process. It could very well delay your case for as long as it takes the ConOff to make sure you are NOT legally married.

Rene

Theophilus

Rene, thanks for the advice... if I may:

How would the ConOFF know of a blessing ceremony to investigate? I do not see how a non-legally binding blessing ceremony is any different than people getting together for Sunday Church?

Also, what is the process of the ConOFF investigation and how long generally can it delay K-1 Visa?

The alternative seems to be fly her out to the US then both fly back to the UK then both fly back to the US; which is nonsensical.

....I should have just married an American JK. Thanks again!

meauxna

Some people run with the 'blessing ceremony' thing and have something that, to an outsider, LOOKS like a regular wedding ceremony. Since the CO is not there and has no evidence to the contrary, Conventional Wisdom is: Don't stir a hornet's nest.
There have been reports (granted, it's been a while now) of people getting hung up at the POE or Consulate by showing up with "wedding" photos of their ceremony, or calling their partner husband/wife before they are legally married.


If you want to have your primary and legal wedding ceremony in the UK, you limit your options to an Immigrant Visa, with the petition filed after you have your recorded marriage certificate.
Petition + visa application takes, well let's just call it, anywhere from 6-10 months to complete. You will have very little influence over that timeline.
She can not move to the US before she has her immigrant visa.

Noorah101

Since it seems it's important for you guys to marry in the UK...here's what I would do.

Get the visa you require to marry in the UK, now. This is a relatively short process (I think it's a few weeks?)

Go to the UK and get married in September when she needs to go back home.

Start the Immigrant Visa process, and she should be able to immigrate to the USA around Spring/Summer 2011. In the meantime, visit each other if you want to.

Rene

Theophilus

Rene, and everyone, thanks for all the help: These are the two options that I am currently considering. I welcome your thoughts!

1. K-1 Visa - File now. Once received we would hold a non-legally binding blessing ceremony in the UK, and then make sure we go to the Consulate interview as fiance's. Fly to the US and get legally-married.
a. what forms do we need to process to start our K-1 app?

2. Immigration Visa - We get legally married now. Apply for the immigration visa. She finishes her semester and once we receive the visa we have a ceremony in the UK (which we view as the official wedding, though we are already technically married), then we return to the US.
a. what forms do we need to process to start the Immigration visa?

Also - if we were to apply today:
1. How long do you estimate it will take to have the Visa's in hand.
2. Do we need to go to interviews for both of them?
3. Is it wise to plan any type of ceremony before we have the approved visa?

Thanks again everyone!

ian-mstm

If asked, how do you intend to prove to a CO that it was not legally binding? Answer = you can't prove a negative.


This is a better option, IMHO, but needs clarification. Once you marry in the US, she finishes her semester and returns to the UK to await the visa. If you want, you can have a ceremony in the UK before she gets a visa... a UK ceremony will have no impact on the visa process... but she can't return to the US to live until she has the visa.


Once married, file form I-130 + supporting documentation.


From filing to getting the visa... about 8 - 10 months.


Both of what? Only your UKC spouse needs to attend an interview.


Once you're legally married in the US, you can do whatever you want in the UK.

Ian

Noorah101

Personally, I would not risk it. If you cannot wait to get married in the USA, don't do the K-1 visa.

I-129F plus supporting documents/forms

I think this route is better suited to your needs. You want to feel married sooner, so this way you can actually get married right away and begin the visa process. Plus it has the benefit of becoming a PR immediately upon entry to the USA.

I-130 plus supporting documents/forms

For K-1, about 6 - 8 months. For IV, about 8 - 10 months.

"We", no. The immigrant, yes.

Only if you're doing the Immigrant Visa.

Rene

meauxna

Did you read the 'Comparison' wiki entry? It's linked at the top of the forum page.