Jesse_Dylan

Hi guys. You are the experts, and I couldn't need your help more.

I don't know how long-winded to be, probably less is better, but basically I didn't realise my fiance couldn't just come here to the US and live with me while we waited for the fiance visa. She's coming in July. I thought we'd apply once she arrived. Obviously I am crushed and upset at myself to find out how wrong I was.

I've been researching and reading like crazy. I think our best option (but please correct me) is if I apply for the fiance visa NOW, as soon as possible. With some luck, we might already have it before July. If not, can she still come in July and live with me here as a visitor until we do get the visa? I know she has to be in the UK for her med exam and interview. If these took place before July, then could she come here in July and wait here with me? Once we got it, would she need to return to the UK, then come back again?

If all else fails, I hope we can make visits back and forth until we get the visa (as much as I can afford with basically my entire income). She is unavailable for travel until July, but I am going to visit her in February and April. I'd love it if she could still come in July, or at least August, and at least have a long stay if not be here until we get married.

Our other option is to get married when she visits in July, then get a spousal visa for me to come back to England with her and live there. If we'd already applied for spousal visa, would this still be allowed? What if she came here and we got married but then we changed our mind and decided to stay in the US instead of getting the spousal visa and going to Britain? Would we be possibly kicked out of the country entirely if we wanted to remain together? There would be good evidence to assume we'd planned to stay in the US all along and that she entered with this intent. I would not want to tick off immigration.

I hope that all this makes sense. Thank you guys so much. I am seriously desperate and so upset at myself for not applying for the fiance visa at least in November or December (couldn't have done it much earlier than that, but it would have helped a ton).

Thank you again! Please help me, experts! I haven't been this nauseated/depressed/terrified in years. I hope you can show me the light at the end of the tunnel.

Bob

She comes to the US, get married and then she can head back to the UK and you get the spouse visa for her would probably be the best option.

Either way, you can go visit each other while you've got the visas being processed.

You can't have her move to the US on the VWP and have the intent to change status, there's plenty on that ten foot pole issue you can read up on.

You can't move to the UK without a visa, but you can stay without a visa for 6 months in the UK.

Either way, welcome to BE, good luck, but do read the "Read Me" thread that's stickied up top, along with the links to the wiki. They're a good guide to go over the fiance/marriage visa options and there are plenty of threads here for you to read over to see other peoples experiences.

jeffreyhy

No, we are not the experts. Immigration attorneys are the experts.

That aside, one thing I don't understand is which country you two intend to live in. Your post starts out as though you want to live in the USA, but then mid-way you talk about you living in the UK.

Regards, JEff

Scouse Express

You do not need an attorney for a Fiance Visa. The USCIS Website will guide you through what you need to do, on your end of things.

Best of Luck.


Jim,

Jesse_Dylan

Thanks you guys! I will look over the other posts and info. I haven't even eaten today I've been so busy fretting and researching.

Sorry, I should clarify--our plan is to live here in the US. (Moving to the UK is the back-up option.)

Basically, she can't come here until July anyway. So it seems the best option is to apply for the fiance visa. If it isn't granted by July, she can just come here as a visitor in July, and once she gets the packet of stuff forwarded to her here in the US, she can get all that going. We can then go back together for her appointments and return to the US once we get the visa.

I hope this is a good plan, as my fragile brain can't handle much more disappointment. It seems like waiting until July, marrying here, then applying for the spousal visa, would take longer. I also can't work in the UK, so I can't spend a whole lot of time there. I'm visiting her Feb 9-20 and March 30 until April 18 or so, and then the plan was she'd come here in July.

Thanks again you guys. Let me know if this is a sensible plan. I sure hope it is.

Noorah101

Don't panic, and don't make any rush decisions. Since you had planned to file the K-1 visa route, and you want her in the USA as soon as possible, go ahead and file the I-129F as soon as you can now. Make sure you read the I-129F instructions carefully (there are some original things you will need from her), so you won't get an RFE to slow things down.

If the current trend continues, the I-129F should be getting approved around June. At that point, you guys can see how you feel (since you'll have visited her twice by that time)....perhaps you both feel OK to just have her stay in the UK and finish things up there (should take another couple of months), or she can come to the USA for a visit and then return to the UK to get her medical done and attend the K-1 interview...then return to the USA permanently when she has her K-1 visa in hand.

Who knows, by the time June/July comes around, you might want to save that hefty air fare and apply it to your future together instead. Just a thought.

Rene

Noorah101

Just so you know, the embassy won't forward anything to the USA. If you meant that whoever is getting her mail in the UK can forward it, they can, but everything she needs is online now anyway...she can fill out the K-1 visa application forms online and print them out from wherever she is.

Rene

katiekat

Rene brings up an excellent point with this.

You sound a lot like my husband and I did last year when we were trying to figure this all out. You have two options you need to consider.

1. Have her come out NOW, get married and file what I think is a CR-1. Then when the whole process is finished she can come into the US and start work, plus you'll already be married. To be honest, I wish my husband and I had gone this route, but oh well.

2. If you can't do it that way for whatever reason FILE THE I-129F NOW!!! Read the directions, as Rene said and get it filed as soon as you possibly can. And DON'T BUY PLANE TICKETS FOR JULY! You'd be surprised how much you just want the process overwith by the time you get that close to the end and if USCIS is through with their half, and the NVC has forwarded the petition on to the Embassy you've really only got a few weeks left if you keep on top of things. Why waste the money on airfare and slow the process down when you're that close to finish?

The thing to do now is take a deep breath, read the Wiki (it really explains things VERY well) and either have her come here, get married and file that petition or get the I-129F filed as soon as you possibly can.

ian-mstm

Just a quick word of warning. When you are desperate (let alone "seriously desperate"), you will tend to make very poor decisions. Take a few days to digest the material you have come across. As disappointing as this may seem, a few days here or there isn't going to affect anything in the long term... so take the time to learn about immigration!


She will not have a visa by July... more likely September or October. Plan for this now... and don't let your unrealistic expectations continue to affect you physically and mentally. You need to eat!

You need to know that getting a fiancee visa is a two-step process. The first step is you submitting the I-129F petition (and all the documentation that goes with it... including the fee). Once that's approved (about 4-5 months), then your fiancee applies for the K-1 visa (another 4-5 months). The whole thing is a fairly simple process but it takes time.


Your plan, as outlined in this post, seems quite doable.

Ian