Chip Powers

Ok. So everyone on this forum probably has heard these questions a million times before.

I am 30 and based in the UK. I met my fiancée on the internet back in May 2006 and we are looking to be together. She is 28 and from the USA. I know that there are a tonne of visa options.

I guess we were going to go though the "she comes over to the UK on a fiancée visa, we marry, and then she can either say here, or I apply to live out there in the USA"

However, the strain of being apart is recently started taking it's toll, and I was thinking "Sod it, I could just fly out there, and we could get this over with, once and for all". We could marry, and then I could stay out there. I would have the money to cover my expenses whilst I am waiting for what ever forms need processing. I would quit my job, or just not go back, and I don't have much in terms of possessions.

I don't know what else to do. All the formal ways seem lengthy and costly.

Can someone tell me what I should do?

fatbrit

Seems like a plan to me. Possibly not a good one, but a plan nevertheless. Search this forum for the phrase "10-foot pole".

yorkieuk

If you enter on the VWP with the intent to marry and remain in the US you are entering the US illegally and if found out at customs they may not be so happy with you.

Why don't you just start the K1 fiance visa process, it will mean you can do the whole thing legally, go to the US get married and then file for an adjustment for status and stay.

Yes, it might take a bit longer but it means you a doing the whole thing legitimately and you can still visit each other while the process is going on. All in all a marriage is a life long commitment so spending say one more year apart (if you file now and could be less time etc) in the long run isn't that great an amount of time.

It will also give you a chance to sort out all your things in the UK instead of just up and eloping!

Noorah101

Not really a tonne of them. Only two, really, if your plan is to live in the USA. Either fiance visa or spouse visa.

Yes, two valid options.

This is not a good idea. Using the VWP with the intent to remain in the USA and adjust status is illegal, and can come back to bite you even years down your immigration road. It's not advisable.

You have 3 really good other options: 1) She comes to live in the UK with you; 2) You marry either in the UK, the USA, or a third country, then apply for a spouse immigrant visa; or 3) You start the fiance visa process now (assuming you've met in person within the past 2 years).

Those aren't "formal" ways, those are the legal ways. Yes, they are lengthy and costly, but in the long run, it gives you the peace of mind that you did things legally and don't have to worry about your future in the USA. The VWP with intent to stay is not all that cheap anyway, and you risk losing any right to live in the USA at all.

Not really. The choice has to be yours. But my strong advice would be any of the options listed above, and NOT the "VWP with intent to stay" path.

Best Wishes,
Rene

Chip Powers

Thank you for that. I guess that makes things a lot clearer.

So.

Either Kelli comes here on a fiancée and we marry over here.

Or

I go over there on a fiancée visa and marry out there.

If we go with the second option, upon marriage, would we just have to change the status of the fiancée visa to a marriage visa? Would I have to leave the country and then come back? Or could I stay out there and live/work once documents have been submitted?

What would the turn around times be from me submitting my fiancée visa to me getting the go ahead to fly out there? Does there also need to be proof of ceremony?

At the moment, I have all my legal certs, proof of earnings, address, documents/proof of us having a relationship and actually meeting (that cracks me up every time).

ian-mstm

I understand what you mean, but terminology is important. A visa is a document that allows you to apply for permission to enter the US. In fact, you would be changing your status from "K-1 beneficiary" to "Permanent Resident". But yes... that's what you do once you have entered the US and married your fiancee within 90 days of that entry.


Once you have filed to adjust status, and that application has been accepted by USCIS (as evidenced by a receipt you will recieve), you do not have to leave the US and are free to live here until your adjustment is final. You can apply for permission to work when you file (takes about 90 days), and permission to travel (or, more specifically, permission to re-enter the US once you leave).


Your USC fiancee starts the process by filing form I-129F. After a while, it gets transferred to London where you then apply for the visa. It'll take about 6 months end to end.


You will be required to submit a copy of your marriage certificate when you file for adjustment.

Ian

Noorah101

Or, another option is, come to the USA on the VWP, marry in the USA, then return to the UK for your spouse immigrant visa processing.

Here's an overview of the K-1 fiance visa process, it probably answers most of your questions: http://britishexpats.com/wiki/K1

Ian said 6 months, but I'm going to say a little longer...maybe 8 to 10 months. No, you don't need to have proof of an engagement ceremony. When you get to the USA and get married (on the K-1 visa), then you'll need proof of your marriage.

All you need is the proof of actually meeting in person, at this point.

Rene

Chip Powers

Thank you all

Folinskyinla

Hi:

Ah, the classic "ten-foot pole" question. I'm not going into a long discussion here -- but a useful analogy might be likened to unprotected sex and getting pregnant. "Honey, I've done it hundred times, ain't nothing happened yet!'

fatbrit

Bad analogy -- you've only got to get away with it once here!

Chip Powers

Ok, well things have not got any further, except waiting on confirmation of booking for wedding.

One question that I did have.

Once we get married over in the states, I don't have to leave, and also is it the case that after the fiancée visa, has been changed, that you are not a loud to leave the states for a certain number days, or it cancels the validation of your marriage visa?.

Finally getting it all sorted

Noorah101

What visa did you decide to go for? Since you said you're planning ot marry in the states and not leave, I assume you decided on the K-1 fiance visa?

If you are going with the K-1 fiance visa, don't book any wedding plans that can't be altered or canceled without a refund, you just never know what could delay you getting that visa in hand.

If you enter the USA using your K-1 visa, you must marry within 90 days of your entry. After you are married, you apply for your adjustment of status to permanent resident (AOS), which includes permission to travel overseas (this is called Advance Parole, or AP). It takes about 60 days to get the AP in hand after filing AOS.

If you leave the USA before you obtain AP, yes, it cancels your AOS, and you would then need to go the immigrant visa route instead.

Rene

Noorah101

Just to be clear, if you come in on the K-1 visa, you will need AP to be able to leave the USA and return again. There is no marriage visa to cancel, though...you would have entered on a K-1 visa, and applied to adjust status. No marriage visa in the route you are doing.

Rene

meauxna

How can you possibly be confirming/booking a wedding? If you are going for a US K-1 Fiancee Visa, that is about the last thing you do.

It's impossible to answer your questions without more information.

fatbrit

Your post gives no evidence to support this.