chris23

Just wondering, if me and my fiance decided to get married in the UK but I would be moving to the US, what Visa is it we would apply for then? If we already have the marriage certificate from the UK then what would I need to get for the US and also what visa would my fiance need to come and marry in the UK but not to live?

Thanks to all

Noorah101

In order for you to move to the USA as a spouse, you'd apply for an Immigrant Visa.

Can you clarify? What would you need regarding what? You won't need another marriage certificate...the one from the UK is enough. But you'd still need an Immigrant Visa in order to move to the USA.

For this question, please see www.uk-yankee.com. They have a similar forum to this, but for folks who want to marry in the UK or move to the UK. I believe there is a "visit to marry" visa the USC needs to obtain in order to marry in the UK, but not to live there.

Rene

chris23

Thanks Rene,

With regard to the highlighted area, I meant, I would have to apply for the immigrant visa but still have to wait 8 months for it to come through whilst my new wife would have to return to the US. There is no way to apply in advance for the immigrant visa on the condition that you get married within a certain time frame for the visa to be finalised. I.e all the paperwork goes through and they do the relevant checks and wot not you pay your money and to finalise the visa you must present the marriage certificate. But I doubt there is any visa that does that is there I would still have to wait the 8 months alone correct?

Only other way is the K-1 and get married in the US correct?

Thanks

Rete

That is correct - timeline is between 8 to 10 months.

Yes, it is called a fiancee visa and you get married afterwards in the US and apply for adjustment of status.

No you cannot apply for an immigration visa (IR Visa) until you are married and the marriage certificate is shown at the start of the application.

Noorah101

The marriage certificate is required to go along with the I-130, which kicks off the whole Immigrant Visa process. So no, you cannot begin the Immigrant Visa process before you are married and have the marriage certificate in hand. You will wait alone in the UK unless your USC wife finds a way to stay there with you (she can stay up to 6 months as a visitor, I believe). But you and she are both allowed to visit each other while the process is going on.

Correct. But that still doesn't solve the problem of waiting alone for the visa, because it still takes 6 - 8 months to get the K-1 visa in hand.

The difference between the two, as far as waiting apart, is that with one you'll be waiting apart as a married couple...the other you'll be waiting apart as an engaged couple.

Rene

chris23

Thanks for the help everyone. Looks like if a move to the US is on the cards we would have to marry there is we wanted to be together right away.

Noorah101

I'm not sure I follow you again. Whichever visa you go for (K-1 or CR-1 Immigrant), you won't be together right away. The K-1 takes 6 - 8 months to process, the CR-1 takes abot 8 - 10 months.

If it's just a matter of another couple of months of waiting, the CR-1 Immigrant Visa is far superior to the K-1 because you become a PR right away upon entry to the USA and have the right to work and live in the USA from Day 1, no Adjustment of Status...no more paperwork or fees required.

You can come to the USA to get married on the VWP, no problem there. Then you return to the UK to do the Immigrant Visa process. You can still visit each other while the process is going on.

Rene

chris23

Sorry for the confusion.

What I mean is that, for us to get married and stay together we would have to apply for a K-1 now and be apart until it comes through, then together once we get married. If we go the CR-1 route it would be, get married then be apart for 8 months. Assuming we apply for the K-1 next month, we could be married an together in the US say by september, october 2011. If we went for the CR-1 we would have to meet up either in the UK or US this summer probably, get married then split, return and file paperwork in say August, you're then looking at another 8-10months apart for the paperwork so a move date around April, May 2012. I hope that makes sense guys.

Sorry if it doesnt. All im saying is that we would have to wait until we marry to apply for the CR-1 and then wait 8-10months. Or apply soon for the K-1.

Noorah101

Thanks, I see what you're saying now. Yes, you are correct in everything you just said above.

Rene

Wolfy

I may be wrong and no doubt corrected, but she will not be allowed to come over and just marry you within days of being in the UK, she needs consent in the form of a marriage visa for the UK and needs to reside in the UK 7days before the wedding.

You may want to ask questions on that on the othe forum mentioned

chris23

Just a couple of tag along questions.

I have had a little look at what is involved in the filing of the K-1 and wondered how much overall it would cost for the visa. It says something like $340 for the I-129F but what other costs are hidden there?

Also, how long are we realistically talking for getting the work permit once we get married? anyone had any recent experience who can share their experience here?

Many thanks

Noorah101

There is still the cost of the medical, police report, etc on your end. Plus I believe there is a visa fee that you pay just before your interview, but not sure how much it is at the moment (I'm guessing around $400).

The big chunk of your fees will come after you arrive in the USA, when you want to apply for your AOS after marriage. Until the price increase this amount was $1,010...it's higher than that now...look up the I-485 form at www.uscis.gov. Plus the fee for getting your vaccination transcription in the USA.

It takes about 90 days to get your EAD after filing AOS.

Rene

chris23

Really need to sit down and see what is best logistics and money wise for the K-1 or CR-1 weighing it against the emotional separation as a married couple for 8 months!! Do many people do it that way? anyone got any experience?

Rete

Quite a few as a matter of fact. Do a quick search of the forum to bring them up. If you are going to be apart anyway, why not be apart as a married couple so that when you finally get the Immediate Relative Visa from the US Consulate in London you will enter the US as a PR with the right to work immediately. The cost is cheaper for you in the long run since you don't have to apply for adjustment of status here in the states and you won't have a 90 day wait for the employment authorization document once you marry on the K-1 and apply for adjustment of status.

I believe there is a pro and con list on the wiki.

chris23

Thanks a million