Which way ?

Old Mar 31st 2017, 6:08 pm
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Default Which way ?

Been with my American girlfriend 2 years this November and are thinking off applying for the visa end of year...
There a couple of questions I was wanting to ask and hoped I could have my mind put at rest...
We're thinking of going down the married route first, so I won't have to wait for the adjustment of status, now that begs my question, is it law abiding to do this in vegas on a holiday visa with the intention of coming back home and then applying and waiting.. or my girlfriend coming here and getting married in Gretna green, I was under the impression no visa was needed by her, due to Scottish legislation....
I hope the above makes sense and I'd be very grateful for any information you have...Thankyou...
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Old Mar 31st 2017, 6:15 pm
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Default Re: Which way ?

Hi and welcome to BE.

There is going to be a wait either way you go. You will be inside of the US for the adjustment of status (AOS) and be together and after you obtain your EAD and advance parole you can work and vacation outside of the US while the petition for AOS is pending. It is fully recommended that you enter the US with an approved K-1 Fiancee Visa to marry so you can remain and adjust status.

Or if you marry in Scotland, your wife comes back to the US and you remain in the UK while the process for the ultimate CR-1 is adjudicated. This can take from 8 to 10 months. You will have to live apart. You can visit under the VWP for up to 90 days but that is all you can do --- visit, not live, not work, etc.

And yes, you can visit the US, marry as you intend and return to the UK for the process of the CR-1.

Choose which you thing is the better option.

This is our wiki's comparison chart to use as a guideline in making your decision.

http://britishexpats.com/wiki/Compar...ge-based_visas

Last edited by Rete; Mar 31st 2017 at 6:34 pm.
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Old Mar 31st 2017, 6:29 pm
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Default Re: Which way ?

Originally Posted by Tkd67 View Post
We're thinking of going down the married route first, so I won't have to wait for the adjustment of status, now that begs my question, is it law abiding to do this in vegas on a holiday visa with the intention of coming back home and then applying and waiting.
Yes, it is perfectly legal for you to come to the US, get married, and return to the UK to file for the spouse visa and await the completion of the process. That way, when you return with your visa, you are able to work as soon as you enter the US. One query, when you say "holiday visa," to you mean just the VWP, or do you actually have a visa?
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Old Mar 31st 2017, 6:37 pm
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Default Re: Which way ?

Originally Posted by Nutmegger View Post
Yes, it is perfectly legal for you to come to the US, get married, and return to the UK to file for the spouse visa and await the completion of the process. That way, when you return with your visa, you are able to work as soon as you enter the US. One query, when you say "holiday visa," to you mean just the VWP, or do you actually have a visa?
Hello thankyou for the reply..
Sorry I meant esta online application before entering..which all uk residents do before there holiday...
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Old Mar 31st 2017, 6:38 pm
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Default Re: Which way ?

Note of caution: The group tends to be a bit anal about correct usage of terms. For example:

One needs an ESTA to use the VWP so you will be traveling under the VWP. It is not a visa. A holiday visa makes one believe that you have an actual visa placed in your passport by the US Embassy, i.e. a B visa for travel to the US.

A visa is issued by a US Consulate abroad and not obtained in the US at the USCIS.

You do not get a green card at the US Consulate/Embassy but a CR/IR-1 visa which will give you a green card when you enter the US under that visa.
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Old Mar 31st 2017, 6:40 pm
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Default Re: Which way ?

Originally Posted by Rete View Post
Hi and welcome to BE.

There is going to be a wait either way you go. You will be inside of the US for the adjustment of status (AOS) and be together and after you obtain your EAD and advance parole you can work and vacation outside of the US while the petition for AOS is pending. It is fully recommended that you enter the US with an approved K-1 Fiancee Visa to marry so you can remain and adjust status.

Or if you marry in Scotland, your wife comes back to the US and you remain in the UK while the process for the ultimate CR-1 is adjudicated. This can take from 8 to 10 months. You will have to live apart. You can visit under the VWP for up to 90 days but that is all you can do --- visit, not live, not work, etc.

And yes, you can visit the US, marry as you intend and return to the UK for the process of the CR-1.

Choose which you thing is the better option.

This is our wiki's comparison chart to use as a guideline in making your decision.

Comparison of marriage-based visas : British Expat Wiki
Thankyou for the link.... I was just worried and thought it was not lawful to enter them marry, but then I realised it was only unlawful if you do marry and intend to stay, I have no intention on doing this , as we still want to go back to our jobs and work and save for the future while waiting for the cr-1
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Old Mar 31st 2017, 6:47 pm
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Default Re: Which way ?

Originally Posted by Tkd67 View Post
Thankyou for the link.... I was just worried and thought it was not lawful to enter them marry, but then I realised it was only unlawful if you do marry and intend to stay, ....
This is correct. I married on a VWP visit, then left and applied for a CR-1. .... And then started work six days after arriving in the US on my CR-1.

Last edited by Pulaski; Mar 31st 2017 at 6:54 pm.
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Old Mar 31st 2017, 6:48 pm
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Default Re: Which way ?

Originally Posted by Rete View Post
Note of caution: The group tends to be a bit anal about correct usage of terms. For example:

One needs an ESTA to use the VWP so you will be traveling under the VWP. It is not a visa. A holiday visa makes one believe that you have an actual visa placed in your passport by the US Embassy, i.e. a B visa for travel to the US.

A visa is issued by a US Consulate abroad and not obtained in the US at the USCIS.

You do not get a green card at the US Consulate/Embassy but a CR/IR-1 visa which will give you a green card when you enter the US under that visa.
Thankyou for the clarification , I did wonder what VWP, meant....lol
Yes I meant ESTA and VWP ... Thankyou.
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Old Mar 31st 2017, 6:48 pm
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Default Re: Which way ?

Originally Posted by Tkd67 View Post
Thankyou for the link.... I was just worried and thought it was not lawful to enter them marry, but then I realised it was only unlawful if you do marry and intend to stay, I have no intention on doing this , as we still want to go back to our jobs and work and save for the future while waiting for the cr-1
There you go. One question done and dusted. I love Vegas. Daughter who lived there once had her wedding at the Rio chapel and the small reception of 30 people in the Voodoo Room on the roof of the Rio. Lovely and very inexpensive.
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Old Mar 31st 2017, 6:52 pm
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Default Re: Which way ?

Originally Posted by Tkd67 View Post
Thankyou for the link.... I was just worried and thought it was not lawful to enter them marry, but then I realised it was only unlawful if you do marry and intend to stay, I have no intention on doing this , as we still want to go back to our jobs and work and save for the future while waiting for the cr-1
Welcome to the forum, Tkd67!

Like Pulaski, I am one (of many, here!) who entered the USA under the VWP in order to marry, then returned home and started proceedings to apply for a CR-1 visa. My husband and I are just over five months into the process now, and very excited.

You're in very good hands here, with plenty of knowledgable folk on hand to answer questions, as you've already experienced! Vegas wedding sounds very exciting.
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Old Mar 31st 2017, 7:09 pm
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Default Re: Which way ?

Originally Posted by KK85 View Post
Welcome to the forum, Tkd67!

Like Pulaski, I am one (of many, here!) who entered the USA under the VWP in order to marry, then returned home and started proceedings to apply for a CR-1 visa. My husband and I are just over five months into the process now, and very excited.

You're in very good hands here, with plenty of knowledgable folk on hand to answer questions, as you've already experienced! Vegas wedding sounds very exciting.
Thankyou for the reply, yes vegas does sound exciting as I've know someone do it, marriage although both British.. I hope all is well with you on your applications...
regarding the CR-1 ..did you personally find the form filling straight forward, or seek legal advice... Thankyou
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Old Mar 31st 2017, 7:13 pm
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Default Re: Which way ?

Originally Posted by Tkd67 View Post
Thankyou for the reply, yes vegas does sound exciting as I've know someone do it, marriage although both British.. I hope all is well with you on your applications...
regarding the CR-1 ..did you personally find the form filling straight forward, or seek legal advice... Thankyou
It was incredibly easy, thanks to the fantastic advice received on this website.

Unless you have any skeletons in the closet (think criminal record/drug use), it is truly a very simple process and does not require any legal assistance. My advice is to become a regular on this forum, read everything that's posted on the Marriage Based Visas boards, especially, and you will soon find that you start to develop a good understanding of the process. You will have many questions along the way, and there are some absolute stars here who will answer them for you with decades of knowledge behind them.

It is very overwhelming at first, but take lots of deep breaths, read lots, and you will find everything falls into place with time.
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Old Mar 31st 2017, 7:18 pm
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Default Re: Which way ?

Originally Posted by KK85 View Post
It was incredibly easy, thanks to the fantastic advice received on this website.

Unless you have any skeletons in the closet (think criminal record/drug use), it is truly a very simple process and does not require any legal assistance. My advice is to become a regular on this forum, read everything that's posted on the Marriage Based Visas boards, especially, and you will soon find that you start to develop a good understanding of the process. You will have many questions along the way, and there are some absolute stars here who will answer them for you with decades of knowledge behind them.

It is very overwhelming at first, but take lots of deep breaths, read lots, and you will find everything falls into place with time.

Thankyou , with advice like this on the forum , has put some questions to bed , I did however , have a chat with legal representation in London , first call to ask about sone initial ifs or buts, but that was at a cost of £280 and if fact, would probably just tell me what I can get from all the knowledgeable people here.....Thankyou.
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Old Mar 31st 2017, 7:21 pm
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Default Re: Which way ?

Originally Posted by Tkd67 View Post
Thankyou , with advice like this on the forum , has put some questions to bed , I did however , have a chat with legal representation in London , first call to ask about sone initial ifs or buts, but that was at a cost of £280 and if fact, would probably just tell me what I can get from all the knowledgeable people here.....Thankyou.
Yep - definitely don't concern yourself with paying any more fees like that. You can find everything you need to know in the wikis here (this one is good to get you started, and build your knowledge of the CR-1 process: CR-1 : British Expat Wiki), by reading of other peoples' experiences in this forum, and by never being afraid to ask questions.

Good luck with the wedding planning!
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Old Apr 1st 2017, 7:11 am
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Default Re: Which way ?

Originally Posted by KK85 View Post
Yep - definitely don't concern yourself with paying any more fees like that. You can find everything you need to know in the wikis here (this one is good to get you started, and build your knowledge of the CR-1 process: CR-1 : British Expat Wiki), by reading of other peoples' experiences in this forum, and by never being afraid to ask questions.

Good luck with the wedding planning!
Thankyou for the link ....
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