Blushbaby

Hi guys

Brief background info: Been with American boyf over 3 yrs. He lives in America, I'm in the UK and our wish is to marry and settle in the U.S. It had initially been our plan to apply for the K1 fiance months ago, but I lost my job last year (bloody recession) and it completely buggered up our plans.

Anyway, fast forward to today and we're back on track with our savings again for this eventual 'big move'. I'm visiting him in November and we're trying to decide once and for all which route we're gonna take as we'd like to send off for the relevant forms asap.

If we were to get married in November, in America, would I be able to visit him afterwards whilst waiting for the spousal visa to be granted or is it assumed that I'll attempt to go AWOL once I set foot on U.S soil and therefore I have to remain in the UK until I get the spousal visa?

Applying for the 1-130 visa (is that correct) on my return to the UK seems more attractive since it allows me to start working straight away once I return to the U.S permanently as opposed to waiting another 6 mths for a work permit.

Once the 1-130 is granted, then what?

Do you think in the long run applying for the K1 Visa would be better? Initially I was all for it, but I just don't know. Both processes take roughly the same amount of time too right?

Can anybody direct me to any links that clearly spell out step by form which forms need to be filled in for which scenario?

Thank you for getting through this rambling post. I've had a long day at work and I've confused myself beyond comprehension this evening. I know you must get this type of posts every day, so apologies in advance.

Noorah101

Yes, with the usual VWP restrictions of not overstaying 90 days, not making back to back trips, etc.

The I-130 is the petition the USC files to establish your spousal relationship. The visa you'll be getting is an Immigrant Visa. You are correct, that this is the "better" visa because it allows you to work in the USA from Day 1. And you become a US PR on Day 1 as well.

You mean once the I-130 is filed, then what? Or do you mean once the Immigrant Visa is granted, then what?

In general, Immigrant Visa takes maybe a month or two longer than the K-1 visa, but the benefits are what was mentioned above (working and being US PR from Day 1). However, what works best in your own situation, only you can know that.

Yes, check out our Wiki section. Look at the K-1 Wiki and the CR-1 Immigrant Visa wiki. There is also a great Comparison Chart between the two visas in the wiki.

Rene

Noorah101

Links:

http://britishexpats.com/wiki/Compar...ge-based_visas
http://britishexpats.com/wiki/K1
http://britishexpats.com/wiki/CR-1

Rene

Blushbaby

Wow, that was a quick response!

Ahh I got confused there. What I meant was when the Immigrant Visa is granted, is there anything else we need to do in terms of paperwork?

Thanks so much for your reply Rene, it's so helpful. It makes the world of difference speaking to people who know what they're talking about instead of confusing myself further!

Blushbaby

Thank you Noorah

Noorah101

I'm not sure why you losing your job in the UK would have messed up your plans. It's up to the USC to be the financial sponsor.

Is your USC boyfriend currently employed? Or will you two be relying only on savings to get you through the immigration process?

Part of the process involves the USC qualifying financially on the Affidavit of Support (form I-134 for K-1, form I-864 for Immigrant Visa). If you two are only using savings, you'll need upwards of about $55,000 in cash savings. If he's employed, it's less, around $18,212 a year (assuming it's just the two of you in the household).

Something to look into carefully for sure.

Rene

Blushbaby

Yes, he's employed full time. I just want to have a decent amount of savings behind me before starting the process and not have to solely rely on him financially once I move out here. It's always been important for me to be financially secure, you never know what could happen.

So, he'd need 18k in savings or to be earning a minimum of that per annum? If it's the latter then he definitely qualifies for that. Oh and yeah, it'll just be the two of us in the household.

Thank you

Noorah101

For the I-864, he'd need to earn $18,212 a year, or have $54,636 in savings.

The I-134 works a little differently, but if he's earning more than $18,212 he'll be fine.

Rene

Blushbaby

Oh I see, no problem. Thank you

Blushbaby

Just a quick update. My OH proposed a couple of weeks ago and we're getting married on Nov 29th in New York.

I'm excited and stressed (as most brides usually are) but blissfully happy in knowing we'll soon be together. For good

Noorah101

Congratulations on your engagement!

Just so you know, if you get married Nov 29, 2010, you should be together for good around July 2011 or so, if you hit no immigration snags. Not sure if you considered that to be "soon". LOL Some people do, some don't.

Rene

Blushbaby

Thank you