RussWithQuestions

Thanks to those of you who replied on my original thread a few days ago here: Advice Wanted: Choice of Marriage Visa

I (UKC) plan to marry my partner (USC) next year (ideally) and move there for at least a year or so before returning to the UK.

We understand now that there are many options open to us, all of which are at least a little bit awkward when it comes to timing / money / planning the wedding - but we have a better idea of what is going on. We're currently mapping out all the various options (K1 route, but this has massive delays for planning, marry in a 3rd party country soon and go CR1 route, but this is less than ideal from a family/tradition point of view, or marry in the US entering on VWP and do the same) and trying to understand the pros and cons of each.

We'd like to speak to an attorney on the phone at some point for an hour to walk through these options in real time and get an opinion on the validity of our assumptions about each, and convey our wishes and see if they can come up with any other ideas. Has anyone used an attorney in the US that will charge a fee for a scheduled phone call for advice, that they thought was knowledgeable and helpful? We tried a random one about 6 months ago when we first started this, and she was either incorrect or extremely misleading about a couple of points (as we've found out from our research recently) so are keen to get a personal recommendation.

Thank you in advance, the advice so far has been invaluable, we just want a way to run through ideas very quickly with someone on the phone to narrow down the options. Then we may be back onto these forums to beg for more advice. You've been superstars so far, thanks!

Noorah101

I don't have a recommendation, sorry. But it sounds like you already know all your options and what they entail, so I'm not sure what you're looking for in a consultation.

I will warn you that if any of them suggest marrying on the VWP and remaining in the USA to adjust status, don't do it. That is misrepresenting yourself as a tourist when your real intent is to adjust status, and is illegal. If that AOS gets denied, you could face a ban from the USA. And unfortunately, it seems that a lot of lawyers do suggest it.

Your choices are K-1 or CR-1 and that's it. Pick the one you think works best for you.

Rene

RussWithQuestions

Thank you - and no I have no intention to stay in the US immediately if we marry while I'm there under VWP, I would leave within a week and start CR-1 process immediately. And yes, a variation of that was what our original attorney explained to us (but claimed I had to be there for 90 days and overstay, first!) and she said we should *wink wink* not do it.

The choices seem fairly narrow, and it's not the choices we need advice on, as much as the intricacies and timing involved. For personal reasons, the only time we can realistically have the wedding with all our family around is in May or early June (if we get to do it how we want, which is very important to both of us) and it sounds like we are too late to do that for next year (2019) and we really don't want to be apart for another two years and do it in 2020 - that would be very unpleasant. We're wondering about other options, and the ability to get married in a 3rd party country or under VWP in the US, then leave and start CR1 proceedings. And if we do, can I definitely get back into the US under my VWP during that time, and if I'm entering for a "wedding" (which is not an actual wedding, just a party with family and friends) during that time how should I phrase it (as we'll already be married) to border patrol etc. Between my friends and family needing to plan so far in advance to travel around the world, and the wedding itself etc. there are tens of thousands of dollars on the line, and we'd really like me to avoid sitting in an airport waiting for a return flight crying while everyone parties an hour away from the airport wondering where I am!

We don't mind paying a few bucks for a phone consultation for peace of mind and advice on that - but like I said we don't have a lot of confidence in the attorney we spoke to and would love a reco of a good one, if anyone has used one recently.

Rete

Sorry, Russ, but I don't know of any attorney that I would recommend as trustworthy for what you are seeking. You seem to find that "time" is the issue. You and your fiancée what the big full wedding in May or June with the multiple of guests and partygoers. If you were to apply for the K-1 now you might make it as it takes about 10 months to get. I see it more that your issue is that you really do not want to live in the US but rather you want to return to the UK with your bride and live there for a number of years and then perhaps return to the US to try it on for size. Going the entire immigration route for a single year in the US as a permanent resident is time consuming and costly and IMHO a complete waste of resources. Better served to have your fiancée and her family plan the gala wedding for whatever date they chose, you enter the US under the ESTA/VWP, get married, honeymoon and apply for your wife's UK spousal visa. You both then can live and work in the UK for the time you wish and if you still want to come to the US, as a UK resident your wife can file in the UK and you can get your US Immediate Relative Visa inside of 5-6 months.

Yes, you can visit the US after marriage using the VWP. Just bring proof of your ties to the UK and if you are asked about them you will be able to show paper proof of a job, bank account, residential agreement or owned property, etc.

You need to understand that only the citizen of a country is guaranteed to be able to enter their own country. I can be denied entry into the UK at the POE just as you can be denied entry into the US at the POE. There are no guarantees. But it perfectly legal to enter to marry in the US and if questioned, you have proof of your return to your own country. There is never a need to tell the agent that you are entering to get married. The reason for the trip, pleasure and to visit your gf. Never volunteer information. Answer what is asked of you and don't elaborate and above all don't act like you were doing something illegal and afraid to get caught.

If you want any attorney to tell you something different, the check out the AILA (American Immigration Law Association) website and chosen an attorney from there.

RussWithQuestions

Thanks Rete, very helpful!

I maybe wasn't clear about our timings for living in the post above. The ideal scenario (from the point of view of my wifes career) would be for us to marry next year, and me spend 1-2 years in the US, before we temporarily moved to London for her to do a Masters, after that we would probably settle permanently in the US.

I did consider the route you suggest originally but it didn't marry up with our desired timings - but I suspect somewhere we're going to have make some pretty major compromises on career / ability to work / timings and suddenly that option starts to creep back is an underdog.

Once again, thank you - every opinion and piece of advice no matter how obscure seems to unlock new options. It's very helpful. You kids are superstars!

Rete

LOL thank for the "kid" remark. I'm 70 and did the K-1 20 years ago, studied immigration law at a NYC college but didn't get a degree or certification.

Why does she want to get her masters in the UK? As a non-resident of the UK the tuition will be high while it might be lower here in the States.

BigT103

We have had a absolute nightmare with an attorney and if we could do the whole thing over we would have done our own research via forums and submitted for the IR1-CR1 visa ourselves.

My advice is to study (there's enough info out there) and save yourself a few grand.

Noorah101

Yes, you can visit the USA on the VWP while the CR-1 is processing. However, just as with any VWP visit, there is no absolute guarantee of entry to the USA. I certainly would not want to be risking tens of thousands of dollars and heartbreak over not attending your own wedding party.

With immigration, you really cannot have anything pinpointed down to a certain date until you are safely inside the USA on your K-1 or CR-1 visa.

Here is what I would do: Marry anywhere in the world your heart desires (USA might be easiest). File the I-130 to start the CR-1 visa process. Visit each other as usual while the visa processes, if you like. About a year later, enter the USA using your CR-1 and become a PR. Then, and only then, set a date for the big party and have everyone come over to attend.

The above plan probably doesn't fit with the dates you had in mind, but with immigration you must be flexible.

As for lawyers, not too many people on this forum use a lawyer for marriage based visas because they are so easy to do on your own. But you can go to www.ailalawyer.com and make some cold calls.

Rene

RussWithQuestions

LOL - sorry no offence intended, it's a term of endearment that has snuck into my vocabulary this last year

It's not necessarily that she wants to do it in London exclusively (though for her area, there is one of the very best schools in the world here) but that we would both like to live in London for a few years before settling down in California. However in an ideal world the timing on starting that would be a couple of years from now (for career reasons), so ideally I would live in the USA during that time for as much of it as I am allowed.

The tuition would likely be cheaper in the states, but it's more a decision of where to live on lifestyle (she's lived in Europe before, but London and would love to do it for a while) and for me, I can easily support her as my career has been here for several years now and I have the contacts to get good employment quickly upon return.

Thanks again!

RussWithQuestions

It is certainly starting to seem like we need to be very flexible. The plan you put forward certainly seems like the safest of all options - as with everyone else commenting, thanks so much for your input, it is very much appreciated

Trilo

We are currently going through the K1 process and it took 6.5 months for the I-129F to be recently accepted. We both really wanted a Halloween wedding but this may be scuppered due to how long the process is taking, my deadline for the embassy interview is November, so it may not happen, but our overall plan is to have a small ceremony when I finally get approved as we will only have 90 days to do so, but we are planning a bigger ceremony the following year to give family and friends time to prepare, we can then re-new our vows on a date we want Unfortunetly it is extremely hard to plan anything concrete for the wedding in the initial stages.

As for lawyers, I have read many a nightmare story from people that have used one and where they have had bad experiences and wrong information given, as Rene says, it's easy to do things on your own and get any help from those that have been through the process before, this forum is a gold mine of resourses and help, so glad my friend who immigrated to the States 5 years ago told me about it

Noorah101

Hi Trilo,

Just so you're aware, that deadline is easily extended at the embassy interview, in case these next steps take longer than the 4-month I-129F approval validity. Hopefully it won't take longer, but didn't want you to worry if it does.

Rene

Trilo

That's very handy to know Rene, thank you for the heads up

S Folinsky

I know this may somewhat pedantic, it is the consular offices who have the authority to extend the validity period. It is true that ConOffs have, in the past exercised this authority to account for delayed processing, but they are not obligated to do so.

Given the general anti-immigrant climate spreading throughout the administration of immigration laws, it might pay to remember this.