pejpm1

My situation -

My girlfriend has lived in the UK for 1 year on a student visa. She completes her masters in Oct, her visa expires in Jan 08, but she can get a year extention on the segs graduate scheme (until Jan 09). After that, I believe we would be eligible for an unmarried partner visa as we would have been living together for 2 years so I am not too concerned about her status in the UK, I dont think we are going to be forced apart in that way......however she is really starting to miss home so it has got me thinking about the future!

Now, she would like to move back to the US at some point, and whilst we are not engaged...who knows what might happen in the next year or so

My question is, if we wanted to get married in the US at some point, and then come back to London so that I can begin the process of applying for my visa to enter and then adjust status etc.....how long do you think this would take? I know this is a fairly stupid question, but roughly how long would it be between us begining the process, and me being able to live and work in the US? Are we talking years? 3 months? 6 months? We both have clean records, I have never been refused entry from anywhere, and I'm sure we could get financial sponsorship from her parents, although I'm hoping to have around 50k usd by the time we make the move. Again, I'm sorry for the general nature of this, but I cant seem to find any threads that address how long I will expect to wait. I just want a rough timeframe. thanks!!!

ian-mstm

There are basically 3 scenarios... all of which take roughly 3 months to a year to execute. 1) she applies for a fiance visa for you, you enter the US, marry her within 90 days and apply to adjust status to a PR; 2) you visit the US, you marry in the US, you return to the UK, she applies for a spousal visa for you and once you have the visa, you return to the US as a PR; 3) you marry in the UK, she applies for a spousal visa for you and once you have the visa, you enter the US as a PR. Now, this last one depends on her status in the UK... she may or may not be able to do this from the UK.

Ian

pejpm1

OK, that sounds great....but I just want to be clear about the main cons of that and also some other questions....

Scenario 1) If I enter on a fiance visa and then marry and apply for adjustment of status..

Q1 - I cant work for that time can I?

Q2 - How long does the fiance visa take to get? And also, how long would the adjustment of status take, basically I just want to know how long after getting married would I be able to start working?

Scenario 2) you visit the US, you marry in the US, you return to the UK, she applies for a spousal visa for you and once you have the visa, you return to the US as a PR.

Q1 - That would mean time apart wouldnt it? I presume it would mean her staying in the US while I wait in the UK which would mean 6 months to a year apart? Could I enter the US during that time.

Scenario 3) you marry in the UK

Q1 - do you know the best way to persuade an American girl that is absolutely adamant that she'll be getting married in the US, that the UK would be better??

Noorah101

K-1's enter the USA with permission to work for the first 90 days they are here. The only POE which gives proof of this permission anymore is JFK. If you can find an employer to hire you, you do have permission to work. Otherwise, it takes about 90 days to get the Employment Authorization Document (EAD) once you apply for it along with your AOS. There will probably be a gap between the first 90 day EAD and the 1-year EAD. Your employer may or may not keep you employed during that time, it's up to him.

It takes about 6 to 10 months to get the K-1 visa in hand. The AOS totally depends on the backlog at your local district office. Could take as little as 3 months, could take as long as a year. See my comment above regarding when you'd be eligible to start working.

Yes, it will mean some time apart unless you can afford for her to wait in the UK with you. Yes, this method also takes around 6 to 10 months or so, not so much different from the K-1 processing time. Yes, you can enter the USA during that time, just bring proof of your ties to the UK.

Perhaps by telling her this method (called DCF - Direct Consular Filing), is the fastest way to get your Immigrant Visa, so it means less time apart in the long run? This method takes about half the time of the other two we mentioned. It means no time apart, you can come to the USA together to start your life, and you get to enter the USA as a Permanent Resident with no further paperwork to do to adjust status. You can have the civil marriage ceremony there just to get the visa paperwork done....you can have a big fancy wedding here in the USA to satisfy her after you get here.

Best Wishes,
Rene

pejpm1

But as she will still be on either a student visa, or an unmarried partner visa, she could come back and continue living and working here until I get approved to go over right?

Noorah101

Yes, as long as she can demontrate domicile in the USA (you don't have to live in the USA to demonstrate domicile there), and as long as you have a joint sponsor to cover the I-864.

Rene

meauxna

Scenario 2.5)
You both live in the UK, you go to the US to have your wedding, you both return to the UK and file for your Immigrant Visa via petition at the Embassy (DCF). 4-6 months from start to finish with the petition + visa portion, you both move to the US permanently. You are work authorized from Day One.

Everyone gets what they want.

pejpm1

I have heard of DCF, but I didnt think that the embassy in London offered it. I thought it was only for smaller embassy's that had the time and staff to offer that service and that London would be too busy. I'll have to check, but that option sounds great!!

meauxna

It's not called "DCF" by the officials, but you can start here and follow their instructions for filing a petition in London:
http://www.usembassy.org.uk/cons_new/visa/iv/index.html