Hari_

Hi everyone,

Firstly, thanks in advance for all those who take the time to read this post and provide clarity, i've no doubt that the questions within it will have been asked before or be closely aligned to previous queries, so apologies for the repetition.

The Situation

I've been in a long term relationship with a US Citizen for nearly 2 years now. For the first year of the relationship she resided in the UK as she completed a Master's degree at LSE. She then spent 3 months pursuing employment in the UK as her original intention was to gain sponsorship through a company that would allow her to remain in the UK, to live and work. This unfortunately proved fruitless. She did however, manage to secure employment in New York and moved back to the US, kicking off the long-distance portion of our relationship, which has lasted for around 10 months so far. With us going back and forth every 2 months or so, hardly ideal.

I'd initially pursued a transfer through my own US owned company, that has an office in New York. However, they've been reluctant to go through the process of sponsoring me, "allegedly" due to the issues they'd had with a previous colleague who transferred from London - the process took her far longer than anticipated and I presume, cost more than the company had initially bargained for. After some false promises on this subject, i'm now convinced that they have little intention of helping me get out to NY anytime soon and so I need to take this into my own hands.

Applying for US based roles from the London is obviously incredibly difficult and equally demoralising, it's also very inefficient. So my girlfriend and I have been discussing marriage for the past few months.

The Questions

• What would be the most efficient route for us to take in order for me to secure a Spousal Visa enabling me to live and work in the US?
• I've had numerous suggestions from relatives that unfortunately have only confused matters.
  • CR1? K1?
  • Marriage followed by concurrent filing of I-130 and I-485 (AOS) forms?
• Which of these options is the most economical and painless? (I realise all options are a little bit debilitating)
• Would it be easier for us to get married in the US or UK? (Guessing US cos of the fiancé visa required for UK, also set to be in the US for 2 weeks later this month)

Potential Game-changer

My girlfriend had also been contemplating whether it would potentially be easier for her to secure employment back in London, now she is even more qualified than she was a year ago. Should we sack this off and go for marriage instead which would provide us with a definitive finish line?

Thank you in advance for all the help!

Jerseygirl

Welcome to BE. I am sure someone will be along before too long to help you.

If you have questions regarding your girlfriend moving to the UK, please post them in the UK Immigration forum. Our members who frequent that forum will be pleased to answer any question you may have.

https://britishexpats.com/forum/citi...-visas-uk-196/

civilservant

K1 or CR1, both will take a year at least to process.

Main difference is with a K1 you do not have to leave the US after marriage, but will not be able to work until you receive your EAD which takes a few months. With CR1 you will remain living outside the US while processing (so married but living apart) but can take employment the day you enter the US.

If is illegal to enter the US a visitor when you intention is to marry and adjust status, this can result in a lifetime ban from the US. Do not do this.

All forms are painless if you are otherwise fine completing forms, jus time consuming and wait is never easy.

It is usually much easier to get married in the US, as there are less onerous requirements.

scrubbedexpat099

Sounds like being a House Husband for c6 months is unlikely to fit in with your scenario so that rules out a K1.

Cr1 say 15 months, file after you get married, most likely a simpler process to get married in the US.

Once you enter you will be work authorised so maybe your current Employer will offer you a job if they do not have to deal with the immigration issues?

Pulaski

Short answer: there isn't a fast way, it's going to take at least a year, if you're lucky, no matter the route.

Trying the "adjust in country" route, is not only of questionable legality, but will lead to an extended period (potentially a year or longer) during which you can neither work, nor leave the US (if you do, as CS said above, you will get a ban from returning).

Getting married then filing for a CR-1 is going to take less paperwork and will get you to the finish line, meaning living in the US with a green card (unrestricted right to work), soonest. You can visit the US while your CR-1 is being processed and/or your wife can visit you.

Noorah101

Hi Hari, welcome to BE.

Typically the FASTEST way to the USA (via marriage to a USC) is the K-1 fiancé visa, because the USC can file an I-129F immediately to start the ball rolling....after that it can take around a year to get your K-1 visa in hand. However that route is not always the BEST way. It depends on whether you are OK not working your first several months in the USA, because after marriage you must file Adjustment of Status paperwork to get your green card, and there is a 3 or 4 month wait for the Employment Authorization Document (EAD) to arrive.

I agree with the others who say that the CR-1 spouse immigrant visa is probably your better path forward. It's much easier to marry in the USA, so on your next trip go ahead and get married, then the USC filed the I-130 to get the ball rolling...after that it still takes around a year to get the CR-1 visa in hand. The reason it's best is that upon entry to the USA using the CR-1 visa, you become a US Permanent Resident immediately (i.e. you get your green card immediately) and can start work from Day 1 in the USA.

As others said, entering the USA as a visitor with an intent to remain and adjust status is illegal, so don't go that route. Your two choices are K-1 or CR-1.

Rene

tom169

My suggestion would be figure out where both of you want to reside (USA or UK), you fly to USA and get married, then leave USA and file for either CR-1 to move to USA or a UK Visa for your other half to move to the UK.

Hari_

Thanks everyone, appreciate the candid replies. Just a question and let me know whether it's best to direct this to another forum on here.

• Would it be feasible for us to get married in the US later this month and then (should she decide she would like to relocate to the UK to live with me here) I apply for a Spousal visa in the UK to enable her to live and work here?

civilservant

Yes, perfectly possible.

scrubbedexpat099

Of course.

Pulaski

Yup, that's what my wife did, when we first married. We married in the US, then, right after our honeymoon she applied for a UK spouse visa. Back then (2000) it was processed overnight.

Hari_

If i'm not mistaken, in terms of 'potential' turnaround time, this could be a far shorter route. UK Spousal Visa's take around 3 months max to process from the reading i've done to date.

Noorah101

Yes, this is possible. Further discussions of her process to move to the UK should be posted in the "Moving Back to the UK" forum.

Rene

Noorah101

Just a gentle reminder that this forum is for US Immigration questions. Any questions pertaining to immigration to the UK should be asked over in the "Moving Back to the UK" forum.

Thank you,
Rene
Moderator

Hari_

Hi Rene,

Thanks for the updates, did figure that would be the case. Just hadn't had any bites to my post in that Forum, so returned to you trusted few!