321.adam

Hello everyone, back with more questions about this whole international mess of paperwork.

I'm trying to get my US girlfriend and my British self into the same country. We think we'd like to end up in the States, but wouldn't mind being in the UK for a while.

It seems like the process of getting a visa for her to come to the UK and get married here is quicker and easier than me going to the US. Any thoughts? Any experience with this? Any idea how much it costs?

Once she's here in the UK, how easy is it for her to work legally? What would we have to do, and how long does that normally take?

When we are ready to head to the States, I assume I would file for a spouse immigrant visa, waiting 8-10 months etc. Will cross that bridge when we come to it...

As ever, thanks for your help
Adam

Noorah101

Yes, that's true.

These types of questions are better asked in a forum dealing with immigration to the UK. This forum only deals with immigration to the USA.

If the USC has lived in a permanent type of status in the UK for 6+ months, the I-130 can be filed directly in London. This makes the process quicker, because you avoid the long wait time at a US Service Center. This is informally called Direct Consular Filing (DCF) on this forum. DCF only takes around 4 to 6 months, instead of 8 to 10.

Rene

mrssmith

This is exactly what we did.
My now husband came here on a fiancee visa, which was a lot quicker, i think 4 days to be exact to obtain once we had completed paperwork and sent off.
You have 6 months in which to get married when you enter on a fiancee visa, during which time you cannot work. Once married you can apply for a settlement visa(limited leave to remain) which takes roughly a month to obtain. This is valid for 2 years and you can work once this is recieved. After 2 years you then have to apply for another settlement visa, (indefinate leave to remain) which is the stage we are at now.
Now we are returning to the US with me on a CR1. The process is a lot more lengthy, stressful, costly and time consuming but will be worth it.
Good luck in whatever you decide.

meauxna

IMPORTANT CAVEAT

While it's true that the regulations say that a US citizen 'residing' overseas for 6+ months is eligible to file I-130 for a spouse at a US Consulate of USCIS Field Office, London in particular has been a little peculiar about doing a fast turnaround in the UK lately.

That is, people have reported having their I-130s returned unaccepted because they haven't "really" been living there. this has happend when filing close to the 6 month mark. These folks are directed to file the I-130 in the US.

The State Department says this about 'DCF' residency:
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

My point is that you should probably not plan this to too fine a point and remember that if you are living together in the UK, petition time should not matter to you (you are united) as long as you plan sufficiently far ahead.

More information here: DCF - Filing your I-130 abroad - Direct Consular Filing

Bob

http://www.britainusa.com/

Follow the instructions for fiance visa, get married, sorted - http://www.britainusa.com/visas/arti...=41000&a=41191

Bob

you not getting UK citizenship before leaving? I thought you could apply with 3 years residence based on marriage in the UK...

californian

My (now) husband and I had the same idea, based upon the fact that if you can file your I-130 with the London Branch of the USCIS the processing times are much shorter. But as someone else has already mentioned if the Embassy suspects the USC doesn't "really" live in the UK then they will not accept your petition!

I lived in the UK for nearly 18 months when I submitted the petition to the USCIS London. I also submitted a great deal of information regarding the fact that I do in fact live in the UK. Essentially, it was eventually made clear to me that the USCIS London does not have to accept anyone's petition (there are no clear rules, despite the guidelines out there). They accept petitions at their own discretion and are becoming more and more picky.

However, I would still argue that because it is much easier to get into the UK, this is still a viable option. If your gf is content to be in the UK for a year or so after you get married, as you await the processing of your Green Card (it is likely that you will have to file in the US) then I would endorce this option. I would suggest your gf look into the Highly Skilled Migrant Programme (now known as Tier 1). If she qualifies she can work off the bat (however, there are rules about getting married in the UK on this visa --- definitely check into those). If she doesn't qualify you can always bring her in on a fiance visa (but she wouldn't be able to work and you would have to get married w/in 6 months)

Hope this helps. Best of luck to you.

BritishGuy36

The quickest way to get her to the UK and working is for you to travel to the US on the VWP and marry her there, go to a British Consulate and get her entry visa for the UK based on your marriage. The consulate will issue her a visa (providing you otherwise qualify and file the correct paperwork, of course) within a day or three.

She returns to the UK, gets her visa stamped, and can live and work in the UK from day one.

chartreuse

That's what we did. Getting SWMBO's LLR was a matter of popping into a Consulate General with the paperwork, then coming back after lunch to collect the visa.

Getting a job was easier than getting a bank account - the Visa in her passport might have been good enough for the HO and the FCO, but only the sacred gas bill would do for the bank

Three years later she's sick of the UK, thinks we're all mad for putting up with the crappy service we get, esp from local authorities & the NHS and we're DCF-ing for a move to TX.

321.adam

Impressive. Anyone know why the turnaround time to come to the UK is so much faster than going to the states? I thought we were all good friends...

Also, anyone have any experience with immigration lawyers here in the UK (especially London)? I might want to have a chat with someone before we get the ball rolling. The Immigration Advisory Service looks like it might be a good place to start...any thoughts?

Cheers

californian

Gudeon & McFadden is a fabulous US Immigration firm, located near the US Embassy.

http://www.usvisalawyers.co.uk/

They will ask that you book in to see one of their lawyers. During your consultation they will walk you through all the steps necessary to immigrate to the United States. If you choose to hire them to assist you the process they will quote you a fee.

ian-mstm

Perhaps, but not where immigration is involved!

Ian

FlyergirlUK

There aren't lawyers but there are a couple of immigration advisors on uk-yankee.com who deal with questions relating to UK immigration.

As for applying in person at the consulate for a UK visa I think you'll find that they'll only accept your paperwork by courier or by mail these days and there is also biometrics to be completed before you can send in your paperwork.
On the plus side you are able to apply online for a UK visa.

Do take time to investigate the links provided by Bob.

Best of luck.

Ray

I agree those..... and this one are the top London two ...

http://www.usvisalawgroup.com/

Noorah101

Actually, you have to get married within 90 days after arrival on the K-1.

The K-1 is valid for 6 months to travel to the USA.

Rene