janeth8711

Hi everyone.
well my fiance has been given his US passport.
can't believe its finally happened. Feel so excited but nervous and scared. were planning on moving sept/ oct time, so lots to be done. Thank you to everyone on this forum that helped us.

christmasoompa

Congrats!

Don't want to rain on your parade, but what visa were you planning on moving over on in Sept/Oct?

janeth8711

Thankyou. weve been advised to go on the k1 ? we were planning on getting married over there as he wants his dad to be there. I will make the appointment as soon as his passport gets here.

Noorah101

Make what appointment? If you're going to do a K-1, the USC needs to file form I-129F to a service center in the USA. After that, it takes about 6 - 8 months to get the K-1 visa in hand. So you won't be moving to the USA by Sept/Oct 2011. It will be some time in 2012.

You might be able to get married in the UK now, and then do an Immigrant Visa via Direct Consular Filing (DCF). This means filing the I-130 directly to the US Embassy in London. It will probably be about the same time frame (6+ months) to get your visa, but you have the advantage of becoming a US PR when you enter the USA using your Immigrant Visa.

It seems you are past the hurdle of getting the US passport, but now you have to research how to immigrate to the USA.

Rene

janeth8711

Really? I wasn't told a time frame for the visa just presumed it would be relatively quick.
There is a visa I could apply for that let's me wait in the US until a decision is made. Will have to read more into it.
We don't have to go so soon so it doesn't matter if it takes a little longer than planned as we still have our house for sale.

Noorah101

Unfortuantely, it's not very quick.

If you are thinking of the K-3 visa, that is an old visa type which no longer serves the purpose you stated. First, you have to be married to apply for it (which you are not at this moment). Second, the K-3 also takes 8 - 10 months to process, the same as an Immigrant Visa right now. A while back, the Immigrant Visa used to take literally several years to process. So they created a K-3 visa, which could be granted in under a year, which allowed the alien to wait out the further year or two in the USA, until the Immigrant Visa was ready to process. However, USCIS has sped up the Immigrant Visa process now, so the K-3 is no longer a useful visa. It won't bring you to the USA any quicker than 8 - 10 months, even if granted.

Cool. Plan on moving around mid-2012 and you'll probably be OK.

Rene

janeth8711

Is there any visa which if we marry and petition as a spouse we can go to America and wait for the greencard? The reason I ask is my father in law is off Ill health and the earlier we can get there the better.
We also need to go as we want to buy a business, would there be any problem with me going on a normal passport as a holiday? We need to go for about a week.

Noorah101

No. When an I-130 is filed for a spouse, the result is an Immigrant Visa. As soon as you enter the USA using the Immigrant Visa, you get an I-551 stamp right there at the POE, which proves you are a US PR. In the meantime, while waiting for the Immigrant Visa, you can only go to the USA as a visitor.

Yes, you can visit the USA using the VWP while waiting for the Immigrant Visa to process.

Rene

meauxna

No. You can NOT move to the US before -you- have the correct visa for immigrating. In your case, through a USC, that will be an Immigrant Visa or a Fiancee K-1 visa.

You can go visit for a week, but you need to be clear on your status and what you can/can't do (which will help you gain entry at the border).

JAJ

Congratulations.

His passport is the only proof of citizenship he has (unless he does an N-600 application to get a US citizenship certificate) so he should keep copies in a safe place, always renew in good time, and not throw out expired passports.

He also needs to sort out his US tax and financial reporting obligations (may require filing back tax returns) and if he is aged under 26, register for Selective Service immediately. http://www.sss.gov

As others have said, you can't move to the US until you have an appropriate visa.

janeth8711

Thanku for your advise.
He should be getting his passport through next week. Do we have to wait till that arrives before he can file for me and the kids?

meauxna

He needs evidence of his US citizenship included with his petition; a US birth certificate or US passport.

You should probably read the following articles, and then post your visa specific questions in the marriage based visa forum.

http://britishexpats.com/wiki/Compar...ge-based_visas
http://britishexpats.com/wiki/K1
http://britishexpats.com/wiki/CR-1
http://britishexpats.com/wiki/DCF_I-130_Filed_In_London