chevymudnut

i live in the usa my girlfriend is here from the UK we want to get married and her move here with me question is should we marry before she returns to the UK? we want to get her back here as soon as possible so we can start our new life together

Noorah101

That's totally a personal decision on your part. Would you rather spend the time apart as an engaged couple, or a married couple? How important is it for her to work once she arrives in the USA?

Both the K-1 and the Immigrant Visa take approximately the same amount of processing time - around 8 to 10 months.

Since she's currently in the USA, you have the option to marry first and then do an Immigrant Visa process. That has an advantage, as she becomes a US PR upon entry to the USA using the Immigrant Visa, with no AOS required afterwards.

You also might want to have a consultation with an immigration attorney to ask whether you are a good candidate for marrying and adjusting status on this visit, without her going back home at all. That is, of course, if she didn't have the intent to stay in the USA on this visit, and she doesn't need to go back home anytime soon to tie up her affairs there.

Rene

rebs

You don't say specifically, but are you a US citizen?

chevymudnut

she does need to go back get her things taken care of (house, kids, ect) but we want her to be able to come back as fast ass possible and be able to stay, she is here for 20 days so i think with her visa she should be able to come back soon, we do want to get married just wasnt sure if we should do it before she leaves i live in Colorado and that is where we will live

chevymudnut

yes i am 52 lived in the US all my life

Noorah101

OK, that clears it up. The fastest she can return to the USA permanently is about 8 to 10 months from filing either an I-129F (towards K-1 visa) or I-130 (towards Immigrant Visa). In the meantime, she can come back to visit while the process is going on, as long as she doesn't try making back-to-back trips.

Either one, really. The choice is yours.

Rene

Noorah101

How old are her children, and are they planning to immigrate as well?

Rene

jeffreyhy

Maybe. If you are a PR then the answer is 'yes'. If you are a US citizen then she first needs to decide where she wants to get married - in the USA or in the UK (her vote counts mor than yours on this question!).

Regards, JEff

chevymudnut

her children are grown and not coming at this time

if she returns to the uk for a bit and comes back you said she may be able to stay
Rene- Since she's currently in the USA, you have the option to marry first and then do an Immigrant Visa process. That has an advantage, as she becomes a US PR upon entry to the USA using the Immigrant Visa, with no AOS required afterwards.
do you think maybe she could come back 30-60 days and maybe be able to stay if we marry? we want to marry either way
it is not important for her to work right away

chevymudnut

we want to marry here in the US

civilservant

Can I suggest you look at the comparison of marriage based visas in the wiki at the top of the page.

With either the K1 or the CR1 route you are looking at 8-10 months apart while the visa processes minimum.

Noorah101

I'm sorry, I don't think I said that. She cannot come to the USA as a visitor with the intent to remain in the USA. She can only come back to visit, using the VWP for a 90-day trip (such as she's doing now).

What I said was, on THIS trip, if she did NOT have the intent to remain in the USA when she entered, she MIGHT be able to marry you and adjust status to permanent resident. But as you say, she needs to go home and tie up loose ends there...so this route is a no-go.

No. It is illegal for a visitor to misrepresent oneself at the POE as a visitor, if the real intent is to remain in the USA and adjust status to permanent resident. She should NOT do this.

Rene

Apfelkuchen

What visa does she currently have?

30-60 days certainly won't be enough to get either a K-1 or a CR-1 visa. That will likely take between 6 and 10 months. Whether she can come back in 30-60 days, marry and stay might depend on your answer to my question above.

jeffreyhy

Then get married now and submit your I-130 petition as soon as you can put together the required supporting documents. The sooner you do that the sooner she can apply for an immigrant visa.

She can make occasional visits while these things are going on.

Regards, JEff

chevymudnut

i believe its an esta visa is that the info you needed?