SouperheroV

Hello

My boyfriend and I have just had time together in london/manchester where i live with my parents, i'm 28 and he is 34 with a part time job and starting school also part time in January to be a paramedic. I have a full time and part time job, we are saving for the future! We have been talking about getting married here in manchester and having a blessing in the US where we would like to live for 3 years and then move to london Uk. is this possible? I understand the K-1 visa as i have posted here before and found everyone so helpful. I'm just wondering if it is as doable as the K-1. If not, we can marry in the US and get blessed here in the UK on a holiday? Also, do we have to get blesses/married in his home town? I am a British citizen and my boyfriend is a US citizen. Christmas time is the next time we will be together to start forms

Thank you
Vicki

Madelina

thats an interesting question - i was actually wondering just this morning, if once a K-1 is received, the marriage MUST take place in the US, or if you could get married in the UK, then head to the US.... i'm all ears for responses to this thread too

Noorah101

If you do a K-1, the marriage MUST take place in the USA within 90 days of entry. It does not have to take place in the USC's hometown, it can be anywhere inside the USA (continental USA is best).

If you decide to do the K-1, do not do any kind of blessing ceremony or wedding-ish type of ceremony BEFORE you get the K-1 in hand. If the ConOff has any evidence that you MIGHT already be married (such as photos looking like a wedding), they will do some investigating to make sure you are NOT already married, and that will delay the visa.

The USC can obtain the appropriate visa to marry in the UK. After marriage, the UKC goes through the process of getting a spouse Immigrant Visa, and becomes a US PR upon entry to the USA. Once inside the USA, they can have a blessing ceremony or reception party or whatever they want. But if you go that route, you might want to plan on living in the USA a little longer than 3 years, so the UKC can become a USC and then make the move back to the UK or outside the USA.

Rene

Bluegrass Lass

Like Rene said, if the UK cit comes over on a K1, the marriage must take place inside the US w/in 90 days of entering the US on the K1. After marrying, the UKC then files the Adjustment of Status forms (to adjust status to a Permanent Resident). One of the forms part of the AOS process is the I-131 Advance Parole. If you wish to have a blessing ceremony back in the UK, Souperhero, then you have to wait for the I-131 or the I-485 to be approved before leaving US soil. If you leave US soil without an approved I-131 or approved I-485, then you cannot return to the US w/out going through the spousal visa process (which takes ~8-10mo at the mo). If you follow this route, expect about a 2-4mo gap between your marriage ceremony and a blessing ceremony (all depends on how quickly the I-485 or I-131 is approved). I certainly wouldn't plan a blessing ceremony until you have the approved doc in your hand. Delays have been known to occur.

The advantage of the K1 is that you can start the process now, assuming you meet the criterion. If you wish to get married in the UK, then you cannot start any paperwork until you are legally married. If expediency is more important than getting married in a certain location, then the K1 seems a better choice. If the location of the marriage is more important, expect it take more time before you are living in the US w/your fiance.

fatbrit

Four years would be a better plan. Gives time for your naturalization before you leave.

jeffreyhy

Not necessarily, but there will be consequences if it does not. The nature of the consequences depending on where and when the marriage does take place.

Regards, JEff

jeffreyhy

Four years might be doable, but it could be tight depending on where one lives for the adjustment and where one lives for the naturalization. My K3 wife needed 4 yrs 9 months from date of entry until date of citizenship, had she been a K1 add another month or two to get married.

SouperheroV

Thank you to everyone this has answered my question and more! I think it is a good idea to get married in the US and have a party, big day out in the UK for my family and friends. I think i do prefer the K-1 rout. I like looking for options to have all the info i need. Thank you again!

Noorah101

A couple of things to keep in mind with the K-1 visa:

1. You will need to apply for adjustment of status once married, in order to get your green card....additional $1,010 for USCIS fees.

2. You will not be able to count the time to becoming a USC until you have your green card in hand (guesstimate 6 months after filing AOS, plus or minus). I mention this because you were only interested in living in the USA for 3 years...but it will take longer than that to become a USC, and the additional wait time until you become a PR via the K-1 visa extends that time frame.

3. You will have to apply for work authorization along with AOS, so you can expect to be unemployable for several months after your arrival. Of course, that's sort of a given anyway, with economy the way it is! lol

If any of these makes a difference to you, you might want to reconsider getting married first and then doing an Immigrant Visa.

Rene

Eric S

Another thing to consider if you decide to get married in the UK and then apply for an Immigrant visa: The process is a little simpler than the K-1. You would be a permanent resident as soon as you entered the US (ie. AOS is not needed). And you would be able to work and travel out of the country from day one.

- Eric S.

SouperheroV

Wow, i didn't know i would have to wait so long to work, i thought i could change my AOS nearly immediately after the wedding and start working from there. Hmm, would i have to have some sort of visa to bring my boyfriend over here to marry? How much simpler is it compared to the K-1? What would happen after we were married here? Sorry I know nothing about doing it this way as I thought i was up to scratch with the K-1. I will keep looking. Thanks!

Noorah101

You can file AOS as soon as you have the certified copy of the marriage certificate in hand. If you can get married on Day 1 in the USA, and get the certificate the same day, then you can file AOS the next day, if you have everything ready. But it still takes about 60 - 90 days to get your EAD in hand so you can work. So you're looking at at LEAST 60 days of not having work authorization, more likely a couple of months more.

Yes, if your fiance wants to marry you in the UK, he will need the appropriate visa to do so. I've heard it's a LOT easier than the K-1. You can ask more about that over at www.uk-yankee.com.

If you get married in the UK, then the USC spouse files an I-130 to a service center in the USA, along with required backup documents. After the I-130 is approved, it goes to NVC, there is more correspondence with NVC, the Affidavit of Support is submitted, some fees are paid, and then you are notified to go for your medical and visa interview. The visa you get is called an Immigrant Visa (CR-1 category if your marriage is less than 2 years old). That whole process takes about 8 - 10 months, just a little longer than the K-1 visa process.

The major difference is that when you enter the USA using an Immgrant Visa, you become a US Permanent Resident immediately, with full rights to live and work in the USA from Day 1. No need for AOS or EAD anymore.

Rene

jeffreyhy

ShV,

I'll be more direct and to the point than Rene - unless you have somehow got an inside track, such as a relative who will hire you into their business - getting EA is going to be the quick and easy part. With long-term unemployment in the USA at record levels, finding someone to hire you is going to take far longer than getting an EAD. There are a lot of highly qualified ex-workers out there competing for very few new jobs.

Regards, JEff

SouperheroV

Thank you for the link Rene, i will use it.
Filing an I-130, does that mean we will be apart after we are married, if he has to go back to the US and i have to wait for the medical and visa aswell as the I-130 to be approved?

Noorah101

Unless he can find a way to stay that long in the UK with you, then yes, you'll be spending time apart.

But you'd be spending that time apart while waiting for your K-1 visa to process anyway, wouldn't you?

Rene