Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

No doubt an often asked question!!! Sorry

Wikiposts

No doubt an often asked question!!! Sorry

Thread Tools
 
Old Apr 12th 2014 | 11:14 pm
  #1  
zzrmark's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2014
Posts: 3,349
From: Lauren's Co. SC by way of Palmetto, Florida
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default No doubt an often asked question!!! Sorry

Hi all,
I've read a few of the stickies and some other threads with similar queries to help with some of my questions, so I'll apologise now if it's all 'old hat'.

Brief history: I'm a UK citizen and resident and whilst walking the 'Way of St. James' last summer met a lovely US resident/citizen. We 'hit it off' immediately and, following our month together walking, I went over to the US on a VWP for three months over the winter (mostly Florida ). I returned to the UK mid-Jan and my lady paid me a ten day visit just recently, I expect to go back out there on the VWP this coming summer for another 3 months.
We have talked about the future and our personal circumstances favour my resettlement (but our occupational circumstances would make things easier if she came over here).

Other threads have gone some way towards answering my K1 versus CR-1 dilemmas. I have done a fair bit of research into the K1 visa but less so on the CR-1. I shall look into it more deeply but can anybody tell me if the CR-1 works out as a cheaper option in the long run?

Which brings me nicely onto my second issue. Whilst my lady is a fine upstanding member of the community with her own place and, as a Head of Dept in a large school who also sits on the county education board, a good occupation well above the minimum sponsorship requirements, my circumstances are not nearly so favourable.
I was a self employed shipwright until 4 years ago, since when I have existed on the fringes of society. I have no regular income, no fixed abode (thanks to my recent travel escapades!) and very few reasons to stay in the UK.
This makes my forthcoming visit to the US somewhat stressful as I believe I'd be a perfect candidate for an IO to refuse entry thanks to my lack of solid UK ties and ideal circumstances (in their eyes) for me to go AWOL in the US - not that I'd go down that road as I have no wish to jeopardise what looks to be a rosy future with my lady
Whilst my lady would happily pay for all the necessaries I do not wish to burden her financially any more than necessary, so I'm leaning towards a CR-1 route - following a simple US wedding on a VWP and then returning to the UK - but my head tells me that I may have a less stressful time if we opt for a K1 route.
Another complication is that I wouldn't be looking for work in the immediate future as we plan on purchasing a smallholding which requires much land clearance and building work and would keep me out of the job market for at least 4 years!!!!

What have members experienced in similar situations (I'm sure there must be one or two here ). Am I correct to have concerns about future visitation whilst awaiting CR-1 approval, considering my circumstances?
All comments gratefully received
 
Old Apr 12th 2014 | 11:44 pm
  #2  
Account Closed
 
Joined: Aug 2002
Posts: 38,864
From: Kentucky
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by zzrmark
I shall look into it more deeply but can anybody tell me if the CR-1 works out as a cheaper option in the long run?
Yes, it is less expensive. However you must first be married before you can start the process and that means one of you must make a round trip flight across the pond first! You can get married in the US on the VWP, but if she wants to marry in the UK, she'll need a specific visa for that purpose. But, all else being equal, the CR-1 is less expensive overall.


This makes my forthcoming visit to the US somewhat stressful as I believe I'd be a perfect candidate for an IO to refuse entry...
With respect, that is the risk that all VWP travelers share. If you appear afraid or vulnerable when you approach the CBP officer, he's more likely to ask the question. If you appear confident (even if you're not), you'll probably be fine. You are not obligated to volunteer information not specifically asked for.


I'm leaning towards a CR-1 route - following a simple US wedding on a VWP and then returning to the UK - but my head tells me that I may have a less stressful time if we opt for a K1 route.
Whether you're refused entry or not, it'll have no negative impact on a future K-1 or CR-1 visa, so don't let that be a concern. I'm not sure anyone here can tell you what's more appropriate for you - it really is a personal decision between the two of you. For most of us, it boiled down to the question: Would you rather be engaged and separated for a while, or married and separated for a while? Once you have the answer to that question, your visa route becomes more obvious.


Another complication is that I wouldn't be looking for work in the immediate future as we plan on purchasing a smallholding which requires much land clearance and building work and would keep me out of the job market for at least 4 years!!!!
With a CR-1 visa, you'd be employment authorized immediately upon entering the US. With a K-1 visa, you wouldn't have proof of employment authorization for about 4 months or so. Keep in mind that actively working for the business is still considered working - whether or not you're actually paid!

Most of the US is still sleeping, so hopefully others will chime in soon to address your concerns.

Ian
 
Old Apr 13th 2014 | 12:05 am
  #3  
zzrmark's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2014
Posts: 3,349
From: Lauren's Co. SC by way of Palmetto, Florida
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Cheers Ian,
I fully understand your comments about entering with confidence, dealing with an IO is the easy bit, it's the worry about getting put on the next flight home that I find stressful!

Originally Posted by ian-mstm
With a CR-1 visa, you'd be employment authorized immediately upon entering the US. With a K-1 visa, you wouldn't have proof of employment authorization for about 4 months or so. Keep in mind that actively working for the business is still considered working - whether or not you're actually paid!

Most of the US is still sleeping, so hopefully others will chime in soon to address your concerns.

Ian
Interesting point about working but not 'working'. The property would have no commercial links as it's purely for self sufficiency so I'm not certain it would be classified, but all bases in that respect would be covered by a CR-1 and whilst my good lady would be heartbroken after my return to the UK following our marriage I doubt if it'll be any worse than any of our previous separations.

With my daily late evening chats to her I fully appreciate the joys of a 5 hour time delay :regular_wink:

Mark
 
Old Apr 13th 2014 | 12:25 am
  #4  
Account Closed
 
Joined: Aug 2002
Posts: 38,864
From: Kentucky
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by zzrmark
Interesting point about working but not 'working'. The property would have no commercial links as it's purely for self sufficiency so I'm not certain it would be classified...
Without employment authorization, you are not even allowed to be self-employed. Commercial prospects... irrelevant.


... but all bases in that respect would be covered by a CR-1...
Correct.


... and whilst my good lady would be heartbroken after my return to the UK following our marriage I doubt if it'll be any worse than any of our previous separations.
Sadly, this is one of the realities of dealing with international relationships. We have all been separated at one time or another - some for as much as 2 years or more because of, sad to say, the ethnic background of the intending immigrant. We often encourage people to focus on the long-term benefit and not the short-term journey.


With my daily late evening chats to her I fully appreciate the joys of a 5 hour time delay
Lots of folks here use Skype (and similar programs) to keep in touch. My wife and I managed a successful international relationship in the days before Skype was ever invented! We survived (married 16 years next month)... you will too!

Time to teach you my mantra: immigration is an adventure... immigration is an adventure... immigration is an adventure... Embrace the adventure!

Ian
 
Old Apr 13th 2014 | 3:01 am
  #5  
BunnyGirl's Avatar
Hoppity hop...
 
Joined: Apr 2013
Posts: 1,350
From: Somewhere in Texas...
BunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond reputeBunnyGirl has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by ian-mstm

immigration is a sucky adventure...

Ian
FIFY
 
Old Apr 13th 2014 | 4:29 am
  #6  
Forum Regular
 
Joined: Jan 2013
Posts: 68
Cadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of lightCadenza-93 is a glorious beacon of light
Default Re: No doubt an often asked question!!! Sorry

Hi,
I understand your concenrs & I just wanted to share with you my experiences of travelling across the pond to visit the States. I was in many respects unemployed & with 'no-fixed-abode' in the UK after many years of teaching in international schools. Whilst I 'did my time' in the UK - just waiting to return Stateside, I was living in hostels for months at a time & working as a day-to-day substitute teacher. Neither of these was an issue when it came to entry into the States or the AOS process.
Good luck?
 
Old Apr 13th 2014 | 4:59 am
  #7  
zzrmark's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2014
Posts: 3,349
From: Lauren's Co. SC by way of Palmetto, Florida
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by Cadenza-93
Good luck?
Ta, Cadenza,
Luck will have little part in my future plans (), maybe more so in the timescales.

Maybe I should have rephrased that question. Just how many '3 month in, 3 month out' trips is a person likely to get away with before Customs turn round and say that you're 'abusing the intended spirit of the VWP'. I know of folks who've had this happen but admittedly they were doing the '3 months in, 1 week out' trick.
Whilst a refusal for entry would be an initial blow and shouldn't make too much difference to longer term future plans to be together permanently would it not entail a whole raft of additional paperwork?
 
Old Apr 13th 2014 | 5:45 am
  #8  
Noorah101's Avatar
MODERATOR
 
Joined: Apr 2003
Posts: 58,735
From: Phoenix, Arizona
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by zzrmark
Just how many '3 month in, 3 month out' trips is a person likely to get away with before Customs turn round and say that you're 'abusing the intended spirit of the VWP'.
Without trying to sound flippant, the answer is "as many as you can until you get turned away at the POE". There is no set answer to that question.

Whilst a refusal for entry would be an initial blow and shouldn't make too much difference to longer term future plans to be together permanently would it not entail a whole raft of additional paperwork?
No, it wouldn't.

Rene
 
Old Apr 13th 2014 | 6:21 am
  #9  
zzrmark's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2014
Posts: 3,349
From: Lauren's Co. SC by way of Palmetto, Florida
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

@ Noorah.
Cheers that at least is one consolation about the paperwork mountain. As for the first point I assumed it was luck of the draw, so absolutely no patterns there?
 
Old Apr 13th 2014 | 6:38 am
  #10  
Noorah101's Avatar
MODERATOR
 
Joined: Apr 2003
Posts: 58,735
From: Phoenix, Arizona
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by zzrmark
Cheers that at least is one consolation about the paperwork mountain. As for the first point I assumed it was luck of the draw, so absolutely no patterns there?
There's nothing predictable, no. You take your chances each time you arrive at the POE. Of course, rule of thumb is, spend more time outside the USA than inside, but that's the most anyone can say about that.

Rene
 
Old Apr 13th 2014 | 8:53 am
  #11  
Account Closed
 
Joined: Aug 2002
Posts: 38,864
From: Kentucky
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by BunnyGirl
FIFY
Only if you have unrealistic expectations - which most people do.

Ian
 
Old Apr 13th 2014 | 10:06 am
  #12  
zzrmark's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2014
Posts: 3,349
From: Lauren's Co. SC by way of Palmetto, Florida
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default Re: No doubt an often asked question!!! Sorry

Originally Posted by ian-mstm
Only if you have unrealistic expectations - which most people do.

Ian
No streets paved with gold, no 'American Dream'? Most disappointed!

Living in the States does have the bonus that my native language is reasonably well comprehended. Not quite so easy in France or Spain.
Quite frankly, I'm chasing a woman, the country I land in is of little relevance to me and I'll make do as I have done before.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices

Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.