Thwups

Hi everyone - Im new here and would like some help if you all can please.

Im going to try and keep it brief....

I lived and worked in Washington DC for 2 and a half years from 1999 to the end of 2001 on an H1 visa, in this time I met Vip (my boyfriend) and we got engaged. In Dec '01 I came home (and am still living in the UK), we tried to stay together but in 2004 we split up as the distance was just too much. We stayed good friends as the split was never because we didnt love eachother it was just too difficult to sustain, we still talk most days either via phone or IM. From then til now we have seen eachother a few times (and its like we've never been apart everytime i see him) Ive been over there with work and to be bridesmaid to a friend over there (he came with me to the wedding). He has just been over here for a holiday, I just took him back to the airport today and all the old feelings have come back and now we are seriously thinking about trying again, taking the plunge and getting married. My questions are these:
Can I go over there for more than 3 months at a time? (to 'get to know' eachother again)
What are my options for moving there? (fiance visa, etc) (timescales etc)
Do we have to go thru the visa process or is there a way round that?
Can I travel to and from america on the process time (whichever process i chose to take)
Can I work in america while im waiting for the process to go thru or would i stay here until the process is complete?
Do you suggest using an immigration lawyer or DIY? (We were going to use Sam Levine who works out of Arlington, VA but it was alot of money!!)

Im sure there are more questions I need to ask but i will add these as i think of them.

I really would appreciate some guidance on this as we both feel that our lives are passing us by and we could have something good but i just dont know where to start.

I dont really understand the abbreviations i have seen used on here so if you can spell everything out to me that would be great!!

Thanks so much in advance.

Ali

meauxna

The conversation really stops right at: Do you want to get married?
Until you can nail that down, it's hard to choose your visa options.

If you can find your own way back to the US, through work or school for example, that gives you the most freedom, since there is no 'getting to know you' visa.
Alternately, he can come over to the UK the same sort of way if he qualifies.

A K-1 fiance visa takes about 6 months and yes, you may be able to visit during that time. Once you move here with a K-1, you need to get married within 90 days and apply to Adjust your Status to Permanent Resident (Green Card). You can apply for work permission while waiting for your Green Card, but a K-1 should plan on not working in the US for the first 6 or so months living here.

There is no temporary visa, based on your relationship, that allows you to live and work in the US.

Noorah101

Only if you apply for and receive a B tourist visa. But if you are eligible for using the VWP, it is hard to get a B tourist visa. So for you, most likely, it will continue to be your typical 90-day visits on the VWP.

You can either do a fiance visa or spouse visa in order to move permanently to the USA. Both visas take 6+ months to get in hand. With the fiance visa, you MUST marry within 90 days of your arrival on the K-1 visa, then you'll apply for Adjustment of Status (AOS) in order to obtain your green card. With the spouse visa, you can marry now (either in the USA or UK) and when you have your Immigrant Visa in hand, you can come to the USA to remain permanently. Both visas require a period of separation, just depends if you want to be separated as an engaged couple or married couple.

If your intent is to live permanently in the USA, you should go through the correct visa process for your goal...either the fiance or spouse visa.

Yes.

You can visit the USA while the process is ongoing, but only as a tourist, and therefore ineligible to work in the USA during your visits.

That is totally your call. If you feel confident that you can follow the process and are detail oriented and organized, and have no issues (prior overstay or arrest record, etc), you can do it yourself. Many people on this forum have done it without an attorney, including me. If you want some assurance that you're going in the right direction, or if mounds of paperwork are intimidating, you might want to use a lawyer. Many people on this forum have used a lawyer for the whole process.

Best Wishes,
Rene

Thwups

We do want to get married. We have known eachother a long time and know that we are very much in love still. It would have been nice if we could have that getting to know eachother visa if we could but we didnt imagine we would be able to. We just want to be together but dont know where to start.

Will a fiance visa definitely be granted?

Thank you for your help

Noorah101

A fiance visa will be granted if the interviewing officer deems you qualified for one.

For more info on the K-1 process, see here: http://britishexpats.com/wiki/K1

Also go to www.uscis.gov, Immigration Forms, I-129F. This is where the USC needs to start, by submitting this petition and backup documents.

Rene

meauxna

If your immediate goal is to be reunited in the US as soon as possible, the K-1 is the 'fastest' and simplest.

If you have other considerations (see this thread), you may want to look at the other marriage-based visa choices.

This K-1 Visa Flowchart puts the process in a graphic that might make it easier to understand.
And this article explains the pros and cons of the different marriage based visa options. Visa Options - Immigrant, K-1, K-3, & Family Preference

They all have different benefits and drawbacks. The main thing I'd encourage you to do is spend a couple of days reading.. it takes a while for it to all sink in. You'll see what the issues are that would cause you to definitely get a lawyer's help and why visas can be denied. You'll also get a feel for whether or not you want to do the paperwork part yourself.
Deciding what to do is one of the more time consuming parts of the process, but think about how much thought you'd put into choosing a new car or other major purchase.

The Acronyms and Abbreviations button at familybasedimmigration.com is the most up to date list to decipher all the little shorthands we use (top right hand side of every page).

Ray

what a good idea ...
http://www.familybasedimmigration.co...m/acronym.html

Noorah101

Missing from the list:

CPR = Conditional Permanent Resident
PR = Permanent Resident

On the Forms list, you might also want to add that the I-129F is also used for a K-3 petition, not only for a K-1 petition.

snowbunny

Good idea indeed -- I didn't see CPR (which is my husband's current informal designation) but did learn a few things, including the fact that new G-325As are in my near future.

meauxna

lol, I can't keep track of what is everywhere... just use the little flashy things!

Thanks for the feedback, Rene.. I will pass it on to Admin over there!

meauxna

Informal being the key word. He's an LPR with conditions. But an LPR nonetheless.

snowbunny

I hope he's lawful, he's also my yard man!

Noorah101

Did you double check his EAD? LOL

snowbunny

Yeah, I've seen the green card, SS card, and have copies of all of them....

His two-year date is mid-April next year, so immigration AND taxes at the same time.

Ya know, I often think that I couldn't go through all this again. Just the I-751 and then the citizenship (or not) is up to him!

Thwups

So really then our only options are the fiance or spouse visa would you say?