jeffreyhy

You may not have a 2-year wait. You probably have a 8-10 month process time once your guy becomes a US citizen, so it depends on the relative times between when you marry and when he becomes a citizen. A fiancee visa is the K1, and the petitioner must be a US citizen. Erase 'K3' from your memory banks. Regards, JEff

jeffreyhy

Not correct. The alien spouse of a PR can immigrate on that basis, it just takes longer than for the alien spouse of a US citizen.

What you appear to be overlooking is that, if one starts out in the 'slow lane' they can move to the 'fast lane' when citizenship is acquired. They do not remain in the slow lane. And they can start out before citizenship is acquired, albeit in the slow lane. They do not have to wait until citizenship is acquired to ultimately get into the 'fast lane'.

You are correct that a K1 visa is out of the question until citizenship has been acquired.

Regards, JEff

Bob

You can get knocked up when ever you fancy, the US government doesn't care.

Time it'll take for you to emigrate doesn't change things.

Noorah101

darla,

After reading through your thread, here is my layman's opinion on your best course of action:

1. Have your husband file the N-400 towards citizenship ASAP. It should only take about 6 months for him to become a USC.

2. If you want to wait until October 2012 to get married, that's fine....or you can get married sooner and he can file the I-130 as a US PR for now.

3. If you get married while he's a PR, he can upgrade the petition when he becomes a USC, and your processing time after that is only 8 to 10 months for your Immigrant Visa.

4. If you wait until October to get married, he *might* even be a USC by then, and can file the I-130 as a USC, making your wait time 8 to 10 months for immigrant visa processing.

5. You are allowed to visit each other while your Immigrant Visa processes, so that will help with missing each other during the separation time.

My opinion is that if your husband applies for citizenship ASAP, and files the I-130 ASAP, then it will not take 3 years for you to immigrate....probably more like 1.5 years at most. That will get you to the USA well before your 30th birthday.

I do not recommend coming to the USA as a visitor with the intent to remain and adjust status. It is illegal to misrepresent yourself at the POE as a visitor, when your true intent is to immigrate.

Your fiance must be a USC in order to file a K-1 visa. So if you want to go down that route, then he must first become a USC, then file an I-129F petition, and then it takes about 6 to 8 months for the K-1 visa process....so you'd still be looking at immigrating about a year or more from now. Might as well stick with the Immigrant Visa, it's a "better" visa to immigrate on.

Rene

darla

Ok so I have one more idea.
He doesn't want to become a US citizen as he doesn't want to stop being English or something. ( he is being annoying and doesn't explain things to me)
So can I get married in October come back to the uk apply for my immigrant visa. Then go back over on a tourist visa, then apply for an extension?

X

ian-mstm

He doesn't stop being British... he just also becomes American. Respectfully, it's a stupid reason to not become a US citizen. And here's the thing... if he can't give you a good reason for becoming a US citizen (which will minimize the time you two are separated) then perhaps you should find a new guy... because this one not only wants things done on his own schedule, he doesn't much seem to care what happens to you during the process.


No, you can't. He can file an I-130 petition, but you can't apply for a visa until your priority date becomes current... a year or two after the I-130 is approved. It'd be faster if he becomes a US citizen.


No, you can't. You can't live in the US without the appropriate visa... and that is what you're trying to do. You can call it "applying for an extension" but you know the truth about what you're actually wanting to do.

Read this and pay attention to #6 and especially to #1.

Ian

Michael

The chance of even getting a B2 visa when you are eligible for the visa waiver program (vwp) is nearly nill unless you are of retirement age. If you are refused a B2 visa, you then must reapply through ESTA and usually you will also be refused for the next 6-12 months because of the B2 visa denial. If you are lucky enough to get a B2 visa, the chance of getting an extension is nearly nill unless you are in a coma in the hospital.

USCIS doesn't want you to live in the US unless you have the proper visa so therefore if you visit too often, you will likely eventually be warned to apply for the proper visa and that you will likely be refused entry on your next visit as a tourist if continue to visit at the same frequency. Normally the rule of thumb is to stay outside of the US at least as long as the previous visit and generally you won't have any problems at the border. If you spend more time in the US than outside the US, eventually you will likely to called to secondary and warned.

henryh

Becoming a US citizen does not cause him to lose his British citizenship. Have him read http://www.richw.org/dualcit/faq.html

JSL8610

I'm always astonished by how many people think it does, despite facts to the contrary being available in seconds to anybody who knows how to use Google*.

James

*Other search engines are available