Noorah101

Yes, you can apply for a K-1 visa, with the specific requirement that you MUST marry the same USC who filed your I-129F, within 90 days of your arrival on the K-1 visa.

Yes, all engagements have the anticipation of marriage, but USCIS has very specific requirements. The marriage MUST take place within 90 days of your arrival on the K-1.

Rene

cmstrick

yup, if you can't get a job here with a sponsor then go the marriage route...fiance, K1 will get you here quicker than marriage then K3 and give you 3 months before you MUST get married in case something goes wrong with the love.

however, if you go the K1 route and don't get married it could cause problems for you down the line.

with K3 you can work immediately and travel abroad. with the K1 you will have to marry then apply for the work permit and advanced parole to travel abroad while you wait about 1 year to get the green card.

Noorah101

With a K-3, he would still have to apply for an EAD in order to work, which takes about 90 days to arrive. But he could still travel abroad using the K-3.

The only way he could work immediately would be to go the spouse Immigrant Visa route (CR-1), which is a far better way to go than the K-3.

Rene

charman57

Right ok thanks for the help. Currently spending hours online looking for relevant opportunities but it starts to get confusing after the first 30 seconds.

Realizing I have a lot to think about and a lot of work to do if I want to get over the pond.

charman57

In the meantime, is there a limit on how much holiday time you can spend in the US? I ask because Im obviously visiting a lot and when I get back to England, will soon be planning my 3rd visit to America of 2009, for Thanksgiving.

Also asking because when questioned at customs on this visit, the guy was pretty curious as to why I've been to US for Easter and Summer, for quite long periods (3 and 6 weeks respectively)

Thanks.

meauxna

Yes, I'd be curious why a UKC would be coming over for Thanksgiving.

Every entry is a new opportunity for them to examine your motives.

charman57

Very true. Oh the irony!

henryh

Another option, and by far the fastest, is to stay on this current trip, marry, apply for adjustment of status to permanent resident. You'd be able to work for anyone in the US after you get your EAD, and travel abroad after you get your AP (both of these take about 3 months to process). This is completely legal, since you did not have the intention of doing it when you most recently entered the US. Be aware that it is illegal to plan ahead of time to do it, and to enter the US under the visa waiver program with that intention.

The marriage must be genuine. After two years together you may be ready for that commitment. It does *not* have to be a traditional wedding with white dresses and fifty relatives. Many couples marry earlier than they otherwise might have, in order that one partner can stay in the country. There's absolutely nothing wrong with that. Be glad that you are heterosexual and have that option! A marriage doesn't have to be "til death do us part". It can be "we're going to make a commitment to support each other, so that we can be together."

If you keep making long visits on the visa waiver program, expect more trouble at the border and to eventually be refused entry. Probably not next time, but each entry is a roll of the dice and the odds get worse every time.

henryh

Are you subject to the 2-year home residence requirement? If not sure - check your DS-2019s, which you hopefully kept. There's a checkbox near the bottom left of the first page. If you are subject to it, start planning for that now, probably by obtaining a statement of no objection.

Noorah101

He should only take this path if he is currently inside the USA and reading this advice, and also should first consult with an immigration attorney to understand the consequences of adjusting from the VWP if it goes wrong

If the OP is currently outside the USA and reading this, he should NOT enter on the VWP with the intent to remain and adjust status...that is illegal.

Rene

ian-mstm

You should have read the entire thread... he's not currently in the US.


You forgot the rest of that sentence: There's absolutely nothing wrong with that... *UNLESS* they marry for the sole purpose of gaining an immigration benefit.

Ian

henryh

I notice the "kind" has disappeared from your forum title.

I did read the entire thread. Perhaps you should. I just reread it and it still appears he is currently in the US. In the OP (aug 13th) he says he is "there now as I type". Two days ago he says "when I get back to England, will soon be planning...".


I forgot nothing. I referred to "couples" and said "The marriage must be genuine." The way you phrase it can mislead couples who are in genuine relationships into thinking that an 'early' marriage for the primary purpose of allowing them to live in the same country is in some way fraudulent. It is not.

ian-mstm

Yes.


I did... and after reading it again a 3rd time, it seems you are correct. I apologize for going off on you!

Ian

charman57

Ok, sorry about the temporary silence from me first of all.

I got back into England this morning (...It's cold). So the above option is not possible anymore, however I was never going to get all that done during my trip.

I am worried about the comments concerning each time I go over on the Visa waiver program (vacation) my odds are getting shorter and problems could be experienced down the line, very worrying indeed!

I can definately see myself marrying this girl and all the other cliche stuff that is said, however after graduating from University I should really get some money together first.

I'm still applying for jobs, contacting US businesses, making various enquires, etc. However as most of you know, it seems me getting a job in the States at the moment is near impossible.

Marraige is definately the best option, and that's not saying it's with the only intent of getting the holy green card. It's very much the real deal. I'm not sure when it's going to happen, whether we're still too young at the moment, whether it's financially a good idea at the moment, the list of questions goes on. However it seems time is always ticking away when it comes to visiting on the visa waiver program...

Btw, sorry about the rambling. Jetlag is really kicking in! And thanks for everyones input

Sharron_

I came over to the US every 3 months and usually for a month at a time....when my husband and I were dating. Yes I got asked alot of questions, but they never refused me entry. Although I was honest and never lied.

I could be wrong, but if you fly to the US via Dublin you clear immigration in Dublin (someone may want to clarify that). But I think I remember going through immigration there once and at least if they are going to deny you entry...it will happen closer to home and you won't have a long flight back!.

Make sure you finish University. That's my advice.