London7

Hi guys

Ok. I am a UK citizen, lived in BC for 3 years 6 months. Not a Canadian Citizen yet. (have applied)
Boyfriend lives in Seattle. I wish to marry him next May.
Fiancee visa seemed smart move, I was not sure if we HAD to marry in the USA, you have kindly answered that now.
What I need to know, is after the USA wedding, how long after can we leave the country for the english wedding?.and also after the USA wedding what will be by status in the USA? can i work???
Thanks for your patience, but it does sound very complicated!!!!

meauxna

sigh.
What are your priorities?
Getting married
Getting married on a specific date
Working in the US
Traveling internationally
Living together immediately after marriage

All of these things are addressed by different types of visas and it depends on what order you want to do thing in.
Do keep this in mind; you probably can't have your cake and eat it too.

Don't be fooled by living in close proximity to your BF right now. You're a non-citizen resident of a foreign country even tho you can drive over the border in zero time (I live in the area too). A lot of people think it's simpler because 'it's Canada' but that isn't the case.

I answered your how long question previously. You can apply for the travel document until after you are married, and then it takes about 2-3 months to receive. When you have the travel document, you can go to England without losing your US status.

After the wedding, you have no status. You have to make a new application after the wedding. You can't work for abouit 3 months after applying.

Bluegrass Lass

I will answer this assuming you want to return to the US immediately after your English wedding.

Once you enter on your K1, you have 90 days to marry your b/f. How fast you can leave the country for your English wedding all depends on how quickly you file for AOS. If you marry on Day 5, and file the AOS on Day 10, then you should have your Advance Parole (document req'd to return to the US) in about 60 days or so after that. However, USCIS could have that to your sooner, or it could take longer. But whatever you do, do NOT leave the US w/out that doc if you plan on returning to the US after your English wedding.

You are in 'Pending AOS' status in the US, which really isn't a status per se, but you are legally allowed to remain in the US until your AOS has been adjudicated. Part of the AOS paperwork is work authorization (EAD). Upon entry into the US on a K1, technically you are legal to work the first 90 days. After that, though, you are not legal to work, unless you have your EAD by then. So if there is a gap between Day 90 and when you get your EAD, you are not legal to work. The EAD usually takes about 60-90 days to get. So depending, again, on how quickly you file for AOS, you may or may not have a gap in your work status.

Norri

Another option would be to forget the K1 altogether, just go ahead and get married in the U.S. then your husband could start the paperwork for CR1 while you return to B.C.

You are then in the happy position of being able to visit each other fairly easily during the process, unlike most others on these forums.

You are free to travel to the UK for a "wedding" with the family no visa needed as you are already legally married.

During all this excitement your visa will be churning through the works making the wait less of a problem.

As a bonus perhaps the Canadian citizenship can be completed in parallel.

Seems like a plan to me

Unless someone can poke holes in it

meauxna

Fixed wedding date was the only flaw I saw.. i agree that a civil do-it-now would be a good idea but it's hard work mining for information.

Folinskyinla

Hi:

In the FWIW department, I disagree that the status is "pending AOS". However, this is an argument based upon the plain language of the Immigration & Nationality Act -- I will note that CIS disagrees strongly with the law and it is in litigation.

Bluegrass Lass

What status does CIS want to give people during this time period then? What would be the correct legal term to use OOC?

ian-mstm

IIRC, you are here under "color of law".

Ian

penguinbar

If you do want to marry in the UK you have to apply for a visa to marry there. That includes getting a biometric eye scan and fingerprint scan. You have to prove that you do not plan on staying in the UK and are coming over for marriage only. I looked into it and decided that the K1 was a better option for us.

Norri

None of that is an issue if she just pops down to Seattle for the weekend, gets hitched and then goes back to BC, and new DH starts the immigration ball rolling.

Folinskyinla

Hi:

Actually, I think the wording of Section 214(d) provides that one becomes removable as an overstay if you do NOT marry within 90 days. In 1986, Congress eliminated the old procedure under 214(d) but also expressly prohibited 245(a) processing -- somehow, some way, former INS "interpeted" this to mean that Congress meant that processing would be under 245(a).