KS1980

Firstly, I just want to say I am so glad I stumbled upon this site, the forum has been a great help to me. The visa/immigration process is very complicated to somebody who is new to it - and perhaps even to those who are not so new! - and it is fantastic to read different people's experiences and advice.

However, every case is different and, along with too much information all at once, I'm confused about what our best options are so I'm looking for any advice that I can get on my own situation. I'll try to give as much information as possible to make it easier.

I am a British citizen who arrived in the US with my three year old daughter in early July with a return ticket for mid September. (I'll state here that it's not the first time I've been here). We came out here to visit my boyfriend who is a USC who I met on a previous trip and since then we've been having a long distance relationship. I wanted to come and spend a significant amount of time out here to see how I, and more importantly my daughter, liked it. During this visit my boyfriend has proposed and we've decided to have a small ceremony with our friends before I leave to go back to the UK and get everything in order as it seems that living over here is the best option. I have a job lined up for when I arrive so I can start working straight away (there's no time limit either, but obviously the sooner the better). It's going to be a few months before we're sorted back in the UK to come here.

I'm wondering what our best option is. Do I apply for the K3 and K4 (for my daughter) and he files the I-130 and affidavit of support, or would it be better to NOT marry and I apply for the K1 - which I'm worried about doing as I've heard it takes months and then there may be a block of time after we're married where I won't be able to work.

I've had a good look around to try and see what is best, but I guess we're just looking for clarification of what our optimum choices are. We're under no illusions, we know it's by no means a simple process, and also expensive so we're prepared. I have a clean record so no worries on that side of things either.

Again, any advice or experiences will be greatly appreciated!

Kellie

Noorah101

Hi Kellie, and welcome.

First thing, forget the K3. It's outdated and serves no useful purpose for you. There are many drawbacks to going the K3 route, if you do a little searching on this forum you'll see why. You basically have two options:

1. The K-1 fiance visa (K2 for your daughter). Dont' get married on this trip, but the USC can file the I-129F while you're still here to get the ball rolling. You will return to the UK, and it takes about 8 to 10 months to get your K-1 visa in hand. Using that visa, you will come to the USA and then you must be married within 90 days. Then you have to do more paperwork and pay more fees so you can become a permanent resident and get your green card (AOS). If you come through JFK, you can get a temp EAD stamp giving you permission to work at the job you have waiting for you. Your 1 year EAD will come about 90 days after you apply for AOS.

2. Immigrant Visa (spouse visa). Get married while you're here in the USA, and have the USC file the I-130's (one for you, one for your daughter). Return to the UK before your 90 day visit is up, and then it takes about 8 to 10 months to get your Immigrant Visa in hand (your daughter will get her own visa). Using that visa, you enter the USA and become a permanent resident from day 1, right to work from day 1, and no further paperwork needed to become a PR and get your green card.

As you can see, the processes are just a little different, but both take about the same amount of time to process. You can come visit the USA while you're waiting, but you can't remain in the USA while you wait.

Hope that helps a little, to choose you path. A lot depends on whether you guys are comfortable spending 8 to 10 months apart as an engaged couple or a married couple.

Best Wishes,
Rene

ian-mstm

I've read your situation, and I've read Rene's advice. I suggest you follow her #2 situation. Get married now, file the I-130s, and wait out processing back in the UK. Those months may seem long now... but compared to a lifetime of being together, it's just a spit in the bucket. Plus, this has the added advantage of being far less expensive than the fiancee visa route. Good luck to you.

Ian

clarissageo

Don't forget to bring your daughter to the USA permanently you will need permission from the her father if he has parental responsibility - The embassy / NVC will want to see custody papers and that he & / or the UK courts have given permission for her to leave the UK.

That in itself if he objects can be a long process, but if you start the ball rolling as soon as you get back to the UK it should be over and done with by the time the NVC request the paperwork

KS1980

Thank you so much for the replies, it has been very much appreciated and extremely helpful! Also, apologies for not replying sooner but we've been at Disneyland for the past few days - and that in itself needs a whole day to recover!

Noorah, thank you for clarifying the differences between the visas, I've taken a look and, as Ian also recommends, I think that the second option that you suggested is what's best for us. Yes we will be separated for a length of time, however, in the grand scheme of things this is nothing. It's a complicated, lengthy process which can be kept as easy as possible by following the rules. Famous last words

What really has me worried is what Clarissa said. In all honesty I didn't even think about having to get permission from my daughter's "father". I'll explain a little of the situation and again would appreciate any advice! I've had a look at your story Clarissa, and a few others on the forum but can't find a situation similar to mine.

I'd like to say at this point that this is very difficult for me to talk about and the thought of dragging it all back up again is awful.

My daughter was born in April 2005 and I have not lived with her biological father since July 2005. He was extremely violent and in early 2006 I had him arrested and for assaulting me, and when he was charged with that he then came around again and assaulted me again. Again I had him arrested. Again he came to my house - violating his bail conditions - and proceeded to smash up my home. Again I had him arrested and I packed up as much as I could and moved 200 miles away. This was in April 2006. I have not seen him since that day. My daughter was there when all of these instances occurred. I could not even tell you where he lives now, I have no idea. I am still terrified to this day that he will find us as I have since moved back closer to my family, but still nearly an hour away from the town they all live.

As you can see, this is very difficult and upsetting. Where do I stand? What do I have to do? He doesn't pay child support, never has done, but his name is on her birth certificate. He also has a long list of criminal convictions including spending a length of time in prison for a very serious assault. He also went to court regarding the two assaults on myself both of which he ended up pleading guilty to so I didn't have to go into the courtroom and see him. (Despite having photographic evidence of what he did to me all he received were fines! - but that's a rant for another time...)

I don't know how an educated person like me ended up with him, but that's the way life goes. And if I hadn't I would have the beautiful, intelligent little girl that I have today, and I'm so grateful to have her, as is my fiance.

So, where do I go from here? Obviously I will be seeking advice from a lawyer regarding this but I would really like to hear other people's stories/experiences.

I've been in a funk since I realised what may happen and I just don't know what to do...

Kellie

BritishGuy36

You've got a real problem with the custody thing.

You are never going to get a US visa unless you have documented permission, either from the father or from the courts, to remove your child from the country.

To achieve this you are going to have to deal with your previous partner again, obviously this raises the likelyhood he is going to find out whereabouts you live.

Unfortunately this oversight on your part is a big one, and this could well scupper your move altogether. It can be done, obviously, as other forum members have done it, but if you can do it could get ugly before it's finished.

What is your feeling on whether the previous partner will not be bothered and just want rid of you, or whether he will take the opportunity to make trouble?

Rete

From reading stories posted by Brits on these forums, it would appear on the surface that you should not have an issue with the UK courts giving you sole custodial rights to your daughter and permission for her to be removed from their jurisdiction to live in the US. I believe this can be done without you having to be in direct contact with your daughter's biological father.

Please contact a UK solicitor when you return home. Since the BF has a criminal record you should be able to have this all done without his being made known of your whereabouts.

At least I am crossing my fingers that this is the case.

clarissageo

First of all, I'm sorry if I freaked you out with my response - it was not my intention to give you sleepless nights.

It is important to know all the facts and the various things you when you start the process, and although it is obvious that you have been through the mill with your ex, the National Visa Center will still want to see the custody in writing... AND the proof that you can leave the UK.

You really really do need to speak to a good lawyer. If you want a recommendation then feel free to send me a PM. I'm not a lawyer but I have just been through this and looking at your case - if I can win, I'd be very suprised if you don't. I thought that mine was bad - he's an angel compared to yours.

Rather than sit and worry about it, you should start to do something productive in preparation for a consultation with a lawyer - a chronological list of events relating to your ex would help when you go to a lawyer. I am pretty sure that if you were to explain your fears to a lawyer, he in turn would present them at an initial directions hearing and any court would take those into account.

The most important thing to remember when applying for leave to remove the juresdiction is that the court are only bothered in the interests of the child - they do not give two hoots about you - So be prepared for questions about if this move is based on a genuine desire to be with your soon to be husband, or if it is because you want to disappear and not be found by someone who has caused you a lot of distress. (i'm not questioning you, but others may)

Take a look at the thread 'Stepchildren' in the NZ forum - its a long running thread and there are lots of stories in there, plus lots of links to articles that will give you handy hints.

JAJ

If father's name isn't on the birth certificate, or if they are from Scotland (where law only changed in 2006), father may have no custodial/parental rights to begin with.

BritishGuy36

The OP clearly stated in post 5 that the father's name is on the birth certificate.

danfan

Has the law changed in recent years? Not too long ago, name on birth certificate did not give parental responsibility. Only marriage to the mother or the courts could give PR to the father.

If that law has changed in favor of biological fathers, then it would be more difficult.

JAJ

It did change, on 1 December 2003 (England and Wales), 15 April 2002 (Northern Ireland) and 4 May 2006 (Scotland). For children born after that date, an unmarried father with name on birth certificate gets automatic parental responsibility.

KS1980

Hi everyone!

Thank you all so much for your previous advice, I thought I'd post a little update here on what's going on with us.

My fiance and I didn't end up getting married as we had planned. He landed a work contract which meant he had to work everyday so we just didn't have the time, but it's ok as we're going to go the K-1 root. Doing the I-130 may have been slightly quicker but we have no problems with waiting

I returned to the UK on Tuesday - missing the Californian sun like crazy, maybe as much as my fiance - and have already started to do research.

I'm currently searching for an immigration lawyer to advise me on everything we need to do so that I can then go and see a family lawyer to see how I can start the process regarding my daughter.

I know it was a huge oversight on my part to not realise about that, but it's not something you think about when you raise a child by yourself but I'm ready for anything! I know my daughter will have a fantastic life over there and I have a FANTASTIC job opportunity so I'm not too worried

I actually wanted to ask if anybody could recommend an immigration lawyer that they have used. I know that the AILA have a great list on there, but I was wondering if I needed someone on this side of the pond. I'm going to do some research on a good family lawyer too, though Clarissa I think I'll ask you for some advice on this for sure!

I hope everyone is well and thank you again for all the help and advice I've received, it's so much appreciated

Kellie

clarissageo

Good to hear that things are all well on the US side, now its time to get your UK side sorted!

I will send you a PM with the name of my family lawyer, as far as an immigration lawyer goes, I used one also, but for various reasons I will let others give advice on that

Tracym

Unless there's anything criminal or scary about your history, I'd advise using an immigration attorney in the US. They generally file the paperwork, not go with you or anything. I would think you could take care of it over phone and email.

If there's any "skeletons" - I guess perhaps one of the London "big name" attorneys might have some influence.

Attorneys I know from the forum, who seem quite knowledgeable:

Stuart Folkinsky www.folinsky.com
J Craig Fong www.fongandchun.com
Matt Udall http://members.aol.com/MDUdall/

We used this guy in Chicago, and nothing went wrong.

Kevin Dixler www.dixler.com