Mark

Hi - I'm from England - my girlfriend of 18 months is American. We'd
like to get married and locate to the States but are a bit concerned
at the length of time it takes to get not only a K1, but to get a
green-card once AOS has been applied for.

So my question is rather than going through the long, drawn-out K1 and
AOS processes - is it possible for me to enter the States on the
V.W.P., get married and then return to the UK and apply directly for a
green card at the US Embassy in London??

cheers

Mark

WiAnSiempre

Hi Mark. I don't think you can directly apply for a Green card in London. I think you would have to file for the k-3 visa.

Angela

Mrraveltay

Mark wrote:

    > Hi - I'm from England - my girlfriend of 18 months is American. We'd
    > like to get married and locate to the States but are a bit concerned
    > at the length of time it takes to get not only a K1, but to get a
    > green-card once AOS has been applied for.
    >
    > So my question is rather than going through the long, drawn-out K1 and
    > AOS processes - is it possible for me to enter the States on the
    > V.W.P., get married and then return to the UK and apply directly for a
    > green card at the US Embassy in London??

Yes, if she is a resident of the UK

Hypertweeky

Hi Mark!!

What you are suggesting in the first place is VERY risky.
The VWP is for tourists only. If you don't have a valid visa and you enter the US intending to get married and remain in the country then you're NOT a tourist and you're taking a very big risk. Lying to the officers at the POE (Point Of Entry) is as bad as it gets, and you run the risk of immediate deportation and getting a ban (even for a lifetime)
Even if you make it in the country and marry you will have to face AOS (Adjustment of Status) two years later. If you cannot successfully prove that you entered the US without the intention to marry then once again you will risk deportation and ban. I guess it all depends on the risk you are willing to take

Secondly, what I think you are suggesting is DCF (Direct Consular Filing), unfortunately DCF is only available for residents, so if your fiancee isnt a resident in the UK.. that isnt an option.
What state is your fiancee from?. Depending the state you are from, you file to one USCIS service center or another. If the jurisdiction of your fiancee´s state is Vermont, then you are very lucky, if it is Nebraska, Texas or even California.. it will take around 7-8 months (Note that timelines vary, every case is different ).
The K3 is another option, in order to take that route, you have to get married first, I have taken that route and its taken 4 months from filing to visa in hand

Good Luck!!

Mark

We'd be in California...

but I'm not suggesting staying in the US after marriage - I'm planning
on flying directly back to the UK after doing so? I found this on the
US Embassy website in London:

"A person traveling to the United States to marry a U.S. citizen with
the intention of returning to his/her place of permanent residence
abroad may travel visa free under the Visa Waiver Program. Evidence of
a residence abroad to which the visa free traveler intends returning
should be carried for presentation to an immigration inspector at the
port of entry."

So according to that it is perfectly possible to come in as a tourist,
get married, fly back to where you came from and start a green card
application from there? We can't do DCF as my girlfriend is not a UK
resident so I imagine she would just have to file the I-130 in the
States??

Will look into the K3 option tho - thanks! ;-)

Jason


Hypertweeky <member13109@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Mark
    > > Hi - I'm from England - my
    > girlfriend of 18 months is American. We'd
    > > like to get married and
    > locate to the States but are a bit concerned
    > > at the length of time it
    > takes to get not only a K1, but to get a
    > > green-card once AOS has been
    > applied for.
    > >
    > > So my question is rather than going through the long,
    > drawn-out K1 and
    > > AOS processes - is it possible for me to enter the
    > States on the
    > > V.W.P., get married and then return to the UK and apply
    > directly for a
    > > green card at the US Embassy in London??
    > >
    > > cheers
    > >
    >
    > > Mark
    >
    >
    > Hi Mark!!
    >
    > What you are suggesting in the first
    > place is VERY risky.
    > The VWP is for tourists only. If you don't have a
    > valid visa and you enter the US intending to get married and remain in
    > the country then you're NOT a tourist and you're taking a very big risk.
    > Lying to the officers at the POE (Point Of Entry) is as bad as it gets,
    > and you run the risk of immediate deportation and getting a ban (even
    > for a lifetime)
    > Even if you make it in the country and marry you will
    > have to face AOS (Adjustment of Status) two years later. If you cannot
    > successfully prove that you entered the US without the intention to
    > marry then once again you will risk deportation and ban. I guess it all
    > depends on the risk you are willing to take
    >
    > Secondly, what I think you
    > are suggesting is DCF (Direct Consular Filing), unfortunately DCF is
    > only available for residents, so if your fiancee isnt a resident in the
    > UK.. that isnt an option.
    > What state is your fiancee from?. Depending
    > the state you are from, you file to one USCIS service center or another.
    > If the jurisdiction of your fiancee´s state is Vermont, then you are
    > very lucky, if it is Nebraska, Texas or even California.. it will take
    > around 7-8 months (Note that timelines vary, every case is different
    > ).
    > The K3 is another option, in order to take that route, you have to
    > get married first, I have taken that route and its taken 4 months from
    > filing to visa in hand
    >
    > Good Luck!!

Gigiola

Mark, Is your GF in UK at this time? That could make a difference.


We're intending to do just what you are suggesting. Will marry on VWP and I will return to Spain to sit out the K3. It isn't all that quick, but looks better than a K1 through Nebraska at the present time and has other advantages for me ... but maybe not for you.

My reason for K3ing is to be able to return on short notice should anything happen to either my elderly mother, or my children. But I believe that K1 would be better for young people who wanted to work asap.

Gigiola

Sorry Mark, I didn't read to the end! She isn't there!

Hypertweeky

Hey there Mark!!

I "lectured" you because I though you wanted to AOS from VWP, sorry I did not read the last sentence of your Original post, Mea culpa!

The K3 and K4 visas were created as a means of reuniting families who were undergoing an extended period of separation as they initiate the process of immigrating to the United States (I-130). As such, the new K3 and K4 visas allows applicants to reside in the US as their permanent resident/immigrant status is processed. Once admitted into the United States, holders of the new K3 and K4 visas are given a non-immigrant status until such time as their permanent status has been approved.

Most people decided to take the K3 route, because the I-130 can take years to get approved, The latest aging report shows that as of 01/22/04, CSC is working on I-130 Applications received on 02/05/03, that is a long time to wait!
IMHO the best option for you is the K3, but it is all up to you!
Take care and good luck!
If you have anymore questions, come back

mcjimbo

Why don't you marry in the UK?

Then look at filing a K3.

Hypertweeky

Hey James!!

BINGO!!!!!

Have a nice weekend!! The countdown is on!!!

Mark

yeah the K3 sounds great - if we get married in the US under the VWP
and i return to the UK I can just apply for the K3 at the US Embassy
right? Once I've got that I can fly over to the States and wait on
that visa until the I-130 (which my now wife will have filed at
California SC) is processed?

cheers

Mark


Gigiola <member5773@british_expats.com> wrote in message news:<[email protected]>...
    > Sorry Mark, I didn't read to the end! She isn't there!

CaliforniaBride

This might help, it's a comparison of different vmarriage based visas.


http://www.visajourney.com/forums/index.php?pg=compare

I came to US on VWP and married my USC hubby then returned to UK to await K3. It took 5 months in total but during that time I visited hubby again on VWP. So in fact we spent only a few weeks apart.

Best of luck in your decision

CB

Bluegrass Lass

Mark, I'm fairly certain that you are not going to be able to do this. If you come to the US, marry your fiancee, then leave, you will NOT be able to apply for a Green Card while you are in the UK. You CAN file for the K3 visa while you are in the UK. The K3 visa only allows you to be in the US while your I-130 is being processed. Once you are in the country on a K3, you have 2 options. Go ahead and apply for AOS to get your green card, or wait out the approval of the I-130.

If you try to apply for AOS after leaving the US, without applying for a K3, you would be denied, because as I understand it, you have to be within the US to apply for AOS, not outside the US.

The only way, that I'm aware of, for you to have your green card/Perm Resident status upon entry into the US, is for your fiancee to be a Resident of the UK and file for a CR-1 or IR-1 visa (Direct Consular Filing).

This is how I understand the process, guys, so if I'm wrong, please correct me.

Mark

is that possible? I thought to get married in the UK the US citizen
had to be a UK resident (or is that only for DCF??!)

If so then yeah that is definitely an option - thanks a lot!

mcjimbo <[email protected]> wrote in message news:<[email protected]>...
    > Why don't you marry in the UK?
    >
    > Then look at filing a K3.

Gigiola

Mark, yes that's only for DCF.

You can get married in either country, but it takes longer to get the licence in UK. (In Spain too, which is why we rejected this idea)

If I've got my facts straight (and I do have confused days) and in a nutshell, the advantage of K1 would be that you get to work faster.

The advantage of K3 is that it is multi-entry.

The best of the lot is waiting out the I-130 (as you can't DFC) ... but that takes the longest.

Don't just look at the time you have to wait to be together. You are intending to be together for the rest of your lives. Consider too, that waiting around in US not being able to work, might put a strain on the whole proceedings.

A good way to judge what is involved it to study other people's timelines ... especially out of UK and through the same service centre.