LDN2CHS

Hi all,

I would like to start by saying that this Forum is an absolute blessing. You can read every official website available but nothing will give you the same real life advice and feedback like this forum will. There seem to be a few very dedicated people consistently helping the lost and in love out there, and I'm sure at the end of the process those who have been successful are extremely grateful.

So, our story! Ashley and I met at University in the UK in January 2008. We fell in love, but let the distance get to us and decided to continue our lives solo...until recently that is. We met up in Paris while Ashley was on an IF teaching course, and the passion quickly returned. Being more grown up and financially stable we've decided to give this all a go! As with every visitor to this site, I thought the process would be much simpler!! However, I am a true believer that things worked hard for are much more valued, and therefor have optimism that we are doing the right thing.

So after that dribble, down to the details. We have yet to begin any formal process (K1 or CR-1) and therefor are open to your advice as to which path to take. I have read up on both scenarios, and see if as follows:

Both will take 6-8 moths to complete. With the CR-1 this means that (once we are married and have completed the I-130) I will be eligible to live and work in the US at the end of this 6-8 month process. However, with the K1, I will only be eligible to enter the US and marry within 90 days, but then have to wait a further 90 to work in the US.

What points me towards the CR-1 is the following:

It is cheaper! (no $985 to register as a permanent resident [though I've seen $1054 for this too] and no fee for Entitlement To Employment [though I've also read this no longer exists anyway]).

It also appears to be more convenient for me work wise. I currently have a stable and decently paying job, and do not want to give this up to then move to the US and wait 90 days to qualify to work there. I would much rather work up until the 6-8 month mark on the CR-1 and then move over and be eligible to work right away. As I understand it with the K1 I would be unable to leave the US until my permission to travel has been granted (which can take 90 days as well?)? I was thinking I might go there, get married, and then return to the UK to keep working until I'm granted the permission to work 90 days later.

While there will be costs in order for us to marry (flight and fees at County Hall) it seems more worthwhile to pay these costs and see each other in the process than pay the fee for permanent residency and work once my K1 has been approved.

Does it make a difference whether we marry in the UK or US?

If all you pros had a clean sheet, what would you do?

Thanks all - I'm very pleased to be part of this ever growing family.

Luke

Noorah101

Immigration-wise, it makes no difference. You can get married on the VWP in the USA, but she will need a specific visa to marry you in the UK.

Since having work authorization right away once you move to the USA is highly important to you, it makes sense for you to do the CR-1 Immigrant Visa rather than the K-1 fiance visa.

Also, the process takes a little longer than what you say...it takes about 8 - 10 months total.

Rene

p.s. - we did the K-1 visa, which worked out well for us, since I was not prepared to marry my fiance when I was there in Turkey, and with him being Iranian, he couldn't get a visitor visa to the USA to marry me here. It would have taken another trip to Turkey in order to get married and THEN start the immigrant visa process. We couldn't afford another trip so soon, and we wanted to get the ball rolling for him to come here, so we did the K-1 visa. My husband was going to be self-employed, so having the 3-month wait for his work authorization was OK. He spent that time getting to know how business works in the USA, doing the legwork involved in setting it up, talking to others in his line of work, making contacts, getting some clients lined up, etc.

Noorah101

No, but there is still a visa fee, and the fee for the I-864 through NVC. But I do agree, from what I've heard, the CR-1 is a bit less expensive than the K-1 if you count from filing the petition to getting green card in hand.

Not sure what you're referring to above, regarding no fee for "Entitlement to Employment", then saying this no longer exists. If you come on the K-1 visa, then file AOS, it's true there is no extra fee for the I-765 application for employment authorization document (EAD). It's part of the AOS fee.

Rene

Rete

What do you mean by the above ... registration as a PR????????? Never heard of it

Entitlement to Employment???????????? Are you talking about the US or the UK.

Here in the US it is the Employment Authorization Document and is most certainly does still exist.

LDN2CHS

Once we marry and I apply to have my status adjusted, is it the I-485 "Application to Register Permanent Residence or Adjust Status" which is $985 according to http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

Noorah101

Yes. In your case, it would be "Application to Adjust Status to Permanent Resident" (not "Register"). Plus the $85 biometrics fee, bringing the AOS total to $1,070.

Rene

LDN2CHS

Thanks guys for the replies - really appreciate it.

So under the K1 process it would be $1070 + the $340 I-129
vs
CR-1 being $420 for the I-130 and the fee for the I-864 (which I am completely unable to find, aside for a $88 fee for amendments?) USCIS states:

"Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad." So if I submit a I-864 for my then Wife from London then I can avoid a fee?

Thanks again!

Noorah101

There might also be a fee for the actual K-1 Visa (at the time of the visa interview).

There might also be a fee for the actual Immigrant Visa (at the time of the visa interview).

You are the UKC, correct? Your fiancee/wife is the USC? You cannot submit an I-864 from your then wife in London, if she lives in the USA. If your wife lives in the USA, none of the forms can be filed directly to London. The I-130 must be filed in the USA, and the case must progress through NVC (which is where they will collect the I-864 and fee). The fee seems to be $88.

There is no extra fee for the I-864 when it is submitted as part of the AOS package after arrival on a K-1. It's all part of that $1,070 fee.

The affidavit of support which is used for the K-1 visa (the I-134 affidavit of support) carries no fee.

Rene

Noorah101

The actual visa fees are listed here: http://travel.state.gov/visa/temp/types/types_1263.html

K-1 visa fee: $350

CR-1 Immigrant visa fee: $330

These are the fees for the actual visa (not the I-130 or I-129F petitions).

Rene

Rete

This is only if you do the K-1 route. You won't have to do this is you do the Immediate Relative Visa through the US Consulate in London (CR-1). USC files the I-130 in the US unless eligible to file in London. Once approved it goes to the National Visa Center, correspondence exchanges hands as do fees, and it is then forwarded to the US Consulate for adjudication after the collection of documentation and you medical and interview.

Why not read the comparison chart in the wiki.

Have to ask ... Are you Scottish by chance ;-)

velkyal

When my wife and I decided to get married we were living in Prague, she is from SC, and a friend of mine in the State Department strongly warned against getting married in the US and starting the process from here. He told me that going the CR1 route was infinitely easier and quicker.

Noorah101

Just to clear up what you are saying above...it is strongly warned against getting married in the USA and then filing AOS to adjust status while still in the USA as a visitor. (this is not a CR-1 route, this is an AOS route.)

It is perfectly OK to get married in the USA and then file an I-130 while still in the USA as a visitor, as long as the visitor leaves the USA when he is supposed to, and completes the Immigrant Visa process from abroad. (That IS the CR-1 route).

Rene

LDN2CHS

Sorry yes the CR-1 route does not include the $1070 fee.

I'm afraid I can't find the chart in wiki...but it sounds perfect for my situation. Could you link me?

No I'm not Scottish - English born but not bred. I've been an expat all my life thanks to my Dads job. London, Geneva, Grenoble, Baltimore, Brussels, and now London again.

Honestly the support on this forum is unbelievable. Can you guys advise me on my A2 restricted motorcycle license to an American equivalent jk!

velkyal

never mind, we all have our problems!

Noorah101

Here you go: http://britishexpats.com/wiki/Compar...ge-based_visas

Rene