asdfqwer

Ok, so I'm and engineer by trade but trying to figure out all this K-1, H1-B visa stuff is driving me nuts! I prefer things to be simple, not with all these conditions and issues!!!!

Some background
I am a US citizen who went to Uni in the UK and met my girlfriend in uni. She is Russian born, but UK citizen by her mothers 2nd marriage to a UK citizen. She has dual citizenship.

I have graduated from Uni and she is in her final year. I couldn't get a job in the UK but was able to get a fantastic job in the states. She is graduating (MEng in engineering) this year and obviously we would like to be together in the states.

She has been applying like crazy to jobs but I'm well aware of the problems with a company sponsoring someone with little to no experience.

So this comes to my marriage issue....

I've read over the stickies and everything and from what I understand (and please correct me if I'm wrong) we have to apply for a K-1 visa BEFORE we can get married? Then after that its another long process to get her "full papers" to be allowed to live and work in the US? Am I correct in saying this?

OR

Can she simply come visit me and we go get married at a courthouse and then start the rest of the process? What would she legally be at that point once we are legally married? Or is this entire option a no go?

OR

Can she apply for the visa lottery since both her parents were born in Russia? I know this is a long shot but may be worth it?

I know questions like this are frowned upon but can someone please explain to me like I'm 5 years old just what are my options here??

Other info:

I make enough to support her and I should I have to do that.
Texas would be where we want to live (I've read that some states make it easier than others or is this just BS?)
Is it worth it to just higher a damn lawyer to deal with all this?

Many Thanks!!! and wish I had found this forum sooner!!!

jeffreyhy

Interesting that marriage is at the bottom of the list for ways to get your girlfriend into the USA, but anyway ...

A K1 nonimmigrant visa is not her only marriage-based option. She can marry you and apply for a family-based immigrant visa. The marriage can take place anywhere - the USA, the UK, or some other country.

Regards, JEff

asdfqwer

OK, very good to know, I'm reading up on the process now (IR1 or CR1 visa).

Would she then be eligible to work in the US once she gets her SS # or is there a cooling off period? What kind of time frame are we looking at here? Say we got married in the US in March, then she goes back to finish Uni? Could we have everything done before September of this year allowing her to apply for jobs in the US?

Thanks again!

PS. what in the world is the K-1 even for then? People who cant enter the US other wise to get married??? Just wondering

EDIT:
reading through this
http://britishexpats.com/wiki/CR-1
and are there services I can hire to expedite the process? Much like when applying for other types of travel visas? Or is this a no go?

AZ_Alba

It is a longtime since I did the K visa route, but basically as I remember it.

If she came across as a visitor with the intention of getting married and staying that would be considered visa fraud and she could be denied adjust of status.
If the border agent when she arrives suspects that she is coming over to marry you on visitor visa and not leave, she will be denied entry.
Even if you passed it of as a spur of the moment descision it many take a long time to get permission to work. Also she could not travel outside of the USA until it is all settled.

On a K1 visa she enters as an immigrant and can apply for the right to work immediately. You have to marry with in 90 days of entry, and then can apply for advance parole to travel.

If she did come across as visitor married you and then went back to the UK, you would then apply for an immigrant visa for her as your wife, but you would separated while it was processed. I believe that she would also face issues travelling to see you in the USA untill she gets the visa.

asdfqwer

ahhhhh , I see now... So a K-1 may be more beneficial in our case...

Now its all making sense... let me read up again on this K-1. I'm sure I'll have a question or two.

Thanks!

Noorah101

Things might have changed since you did the K-1, Drew. The K-1 no longer receives the EAD stamp at the POE. A K-1 does not enter as an immigrant...they enter as a non-immigrant and then have to apply to adjust status to permanent resident. The K-1 holder will not get work authorization until between 60 to 90 days after filing AOS. You are right that they must marry within 90 days of arrival.

Rene

asdfqwer

Ok! Its all making sense now, a K-1 is now the route we would want to take!

Only question I really have is
Looking at this
http://www.visajourney.com/content/k1flow

Step 19. name change?? is this required? We've talked about it and we are ok with her not taking my name. Or by not doing this does it "look bad" on the later steps/applications

Also not working till 60-90 days after the AOS would be ok, we would just time it so that she has everything ready to go after she graduates. So she would graduate, fly over with K-1 in hand, get married and finish the process

Many thanks again! Cannot thank everyone enough! Obviously we must start down this path but its much better than trying to read this alone and figure it out ourselves and just getting depressed!

Noorah101

If you want to use the K-1 visa, then yes. You file an I-129F, which eventually leads to her obtaining a K-1 fiance(e) visa. That process takes about 8 to 10 months. Once she has the K-1 in hand, she comes to the USA, you get married within 90 days of her arrival, and she then applies for adjustment of status, which includes an Employment Authorization Document. It can take between 60 to 90 days to get the EAD in hand.

Not too long, about 6 months or so. In the meantime, she will receive documents allowing her to work and travel outside the USA.

Yes.

She would be a visitor in the USA. Marrying you does not change her visitor status. She would still have to leave before her 90 day VWP visit is up. But the I-130 can be filed while she's in the USA. She returns to the UK, and proceeds with the Immigrant Visa process. That process takes about 8 to 10 months to complete. Once she enters the USA using her Immigrant Visa, she becomes a US PR immediately upon arrival, with full rights to live and work in the USA from Day 1.

She can only base the DV lottery on where SHE was born, not where her parents were born.

I'm not sure why you say that...these questions are not frowned upon at all, we are here to help answer these exact questions.

Not sure where you heard that, either, but it's not true. Immigration is Federal Law, so it doesn't matter what state you live in.

Some people do, some don't. It depends on whether she has any criminal history, past overstays, or if neither of you is very good at following written instructions or are very organized. Immigration takes a lot of attention to detail, a lot of research, and a lot of patience.

Rene

Noorah101

Name change is NOT a requirement for immigration. Many women do not change their name. It won't be an issue.

Yes. Don't forget, the timing is not written in stone, and can fluctuate. Be prepared to wait around 8 to 10 months from filing I-129F to getting visa in hand. For example, if you file an I-129F in February 2013, she could immigrate around Oct - Dec 2013.

The K-1 is definitely quicker than the Immigrant Visa, if only because you don't have to wait to get married to start the process. If working right away is not a big deal, then the K-1 should be OK for you.

Rene

Noorah101

Regarding the CR-1 Immigrant Visa...she would be eligible to work from Day 1 in the USA after arrival on the Immigrant Visa. The time frame is about 8 to 10 months to process the Immigrant Visa. If you get married in March 2013, she would immigrate around Nov 2013 - Jan 2014.

The K-1 worked for us, because when I visited my Iranian fiance in Turkey, I was not prepared (paperwork-wise and timewise) to get married in Turkey. I had work commitments and couldn't stay in Turkey longer to do the marriage process there. Being Iranian, he could not get a visa to the USA to marry me there. We couldn't afford another trip to Turkey right way for me to get married there. So the K-1 was pretty much our only option.

There is no service you can hire to expedite the visa process, unless you are US military.

Rene

asdfqwer

O wow, was not expecting that, I was thinking 10-15 weeks, not a potential 40 weeks!

Ok, so my options are a K-1 or a CR-1, both in this case have the same time frame for moving to the states but a CR-1 would allow her to work once she arrived. Being that we have no travel restrictions like you have mentioned I am now thinking about the CR-1 route. Time to do some more reading.

Also there are no issues with me living in the US & her in the UK while all this takes place?

Many thanks Rene! Really appreciate it.

asdfqwer

Ok, so doing some reading and have come across this...

Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full name and address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.

How would we go about proving this? Simply the Affidavits method? Can my family members do this?

Also if she comes here with her UK passport for a "holiday" and we end up getting married is this breaking any rules? She would only be here for 28 days or so in March before heading back to the UK.

Thanks

Noorah101

The time frame for processing the K-1 and Immigrant Visa are similar (8 to 10 months). The difference is that the K-1 process can be started now (assuming you've met in person at least once within the past 2 years), but the Immigrant Visa process can't be started until you are legally married. So, the Immigrant Visa process will be longer, because you have to factor in how long it will take to get legally married first, before you can file an I-130.

There are no issues with each of you living in your respective countries...in fact, she won't have permission to live in the USA until she has her Immigrant Visa in hand, anyway. This is the scenario most people are in, unless the USC is already living outside the USA.

Rene

Noorah101

As long as they have spent time with you (preferrably in person) AFTER you marry.

No. It's perfectly fine and legal to get married in the USA while she's visiting on the VWP. You don't even have to put "holiday" in quotes.

That's fine. Actually, that's time enough to get her added to your existing bank account, and to get her name on some utility bills (so you'll have more than just the sworn affidavits as proof of bonafide marriage).

Rene

ian-mstm

You might find this guide handy.

Ian