Vizzyanthro

Hi guys,

Before I ask these questions I just want to say how much I appreciate those of you who take the time to answer questions on the forum for those who are overwhelmed by the various processes. I guess there is a lot of repetition in your answers sometimes if the same questions get asked time and again and I've tried to filter through the information - so I apologize that I'm probably asking a Q already posted - I guess I can't see the wood from the trees!

I understand the Fiancee visa thing and that this can take up to 10 months to process.

I understand the K3 - that this is for those already married.

Am I right in thinking that once/if these have been approved you have to make another application for the Green card which can take another 10-12 months or so?

What I am not sure about is the quickest and "safest" way for me to move to the US and to be able to work when I get here as the idea of not being able to work for a long time kind of sucks! I feel like I'm missing something.

I take it that on a K1 or a K3 there is the wait time for the visas to be processed and then you have to apply again for a green card? Is there an alternative that - granted - may have a slightly longer processing time where I can pretty much arrive in the US either married to - or about to marry my USC partner AND be authorized to work when I get here? I understand this process may involve me being outside of the UK for a longer period of time - but if there is like a 3 month difference it might be worth it.

This, of course, is all dependent on whether such an option exists!

Any advice on this would be great please!

Thanks

Vizzy

Vizzyanthro

Whoops - just suddenly had my memory jogged regarding an EAD that I can apply for! I think that might have answered my own question! Sorry!

Noorah101

You are correct that with the K-1 (for fiance) or K-3 (for spouse) you will need to apply for adjustment of status once in the USA. This AOS includes an application for work authorization. It takes about 3 months to get that in hand.

However, you're missing the spouse Immigrant Visa (CR-1). This is the one you want if you want to work immediately upon arrival in the USA. Like the other visas, this takes about 8 to 10 months to process, but when you enter the USA using your Immigrant Visa, you become a US PR right away and have work authorization from Day 1. No more need to apply for your green card or work authorization after arrival.

For the Immigrant Visa, you need to marry the USC (anywhere you want to), then the USC files an I-130 in the USA. After some processing and paying of fees, the case goes to your home country. You receive a packet of visa application forms, you get your police report and medical, and attend an interview. If approved, you receive a CR-1 Immigrant Visa, and then you have 6 months to enter the USA using that visa. Upon entry to the USA, you become a US PR with full work authorization right away. If your marriage is less than 2 years old when you arrive in the USA, you'll get a 2-year green card.

Then you are done with immigration for the next couple of years, when there is another step to getting the 10-year green card, but that's nearly 2 years after you arrive.

If you want to go the fiance route, do the K-1. If you want to go the marriage route, do the Immigrant Visa. Forget about the K-3.

Rene

Vizzyanthro

Fantastic! Thank you very much for that info - I knew I was missing something!

We've been sorely tempted to AOS on my VWP - and whilst I have conviction in the truth that I certainly did not enter the US with the intention to marry we'd be gutted if going down that route meant I was barred from the US for 3-10 years! I guess it's just too risky and I guess we just need to swallow having to be apart - which sucks royally but hey - I guess we're not the only ones! Anyone wanna set up a Wiltshire/London "Mope-Club" in the UK with me for all those in process to meet up and weep into their shandies?

meauxna

You're *in* the US right now? Why don't you go get a professional consultation so that you can fully (and privately) understand your options?

Vizzyanthro

We kind of had a consultation already through my partners cousins law-firm. It was via email and only with regards to AOS on VWP with an immigration lawyer but they pretty much scared us off saying it's just too risky.

That kind of sucked because as I mentioned in my post - I did not arrive in the US with the idea we'd get married. Whilst I know that AOS on VWP is very controversial (and really I do understand why) I do feel that our case is "above board" and genuine. There are other factors that crate complications though such as my having to return to the UK at least 3 times to hand in, review, and defend my PhD thesis. I know I can apply for AP, and I'm guessing (at the moment) that I can work here during the AOS if I apply for an EAD.

We were also told that AOS on VWP can take "years" - and neither of us are sure if we want to take that chance of making a life here in the US and to have it pulled up from underneath us.

I'm reading what I've just written and thinking it is probably worth getting a second "paid for" opinion from a different lawyer!

Thanks Meauxna

fatbrit

More than worthwhile!

One question is how many days are left on your I-94W in the light of the recent Momeni case. If you've got time to get the petition in before your I-94W expires, you've moved a good rung or three up the safety ladder.

Vizzyanthro

Hi Fatbrit,

I have until 24th February on my I94-W (I take it that is the VWP right?) - which would give us plenty of time in order to not go over the 90 day period as Momeni did. I just read up on that case so thanks for flagging it for me! It's odd because we just bought a book by Ilona Bray (Fiance and Marriage Visas) and she actually says that it is okay if you overstay on the I94-W - which is contrary to the Momeni case - but I guess the laws change and it looks like I might have the older version of the book. Either way - even before I read the Momeni case I'd never have dreamed of overstaying without filing the petition.

Thanks again

Vizzy

meauxna

It sounds like a combination of old data (AOS takes years) and that you have some personal details we're not privvy to. If you're not ready to move, you're not ready. Nothing wrong with that.
However, once you have a full understanding of the situation, you might rearrange things a little.

A couple hundred bucks (for the consult) is a good investment.

ian-mstm

AOS on either a K-1 or K-3 can also take years. For me, it was 33 months from the time I applied for AOS after marriage (K-1) until my interview.


There is an appeal process to follow if AOS is denied after entering on a visa. There is *no* appeal process if AOS is denied after entry on the VWP. You sign away your rights when you use the VWP.


Agreed!

Ian