Nicholas G

OK... I am a permanent American citizen but I have a certain someone who wants to be with me from England. Now, I will say that we have only met online and video chatting, but we have known each other for a VERY long time and admittantly been in an online relationship for... 5 years, we understand the process is extremely long and grueling and we know its going to hurt like hell. We are also making extreme sacrifices and are well aware of it. So with that said, I would really appreciate it if there was no flame or hate on this thread . Now I would also like to tell you all I'm in a bit of a panic on all of this because I really seem in over my head in this and were just lost and confused and paranoid that we might mess something up in 'the paperwork' and then everything just falls apart.

Ive got numerous questions that would really help but MOST IMPORTANTLY a step-by-step guide on what we should earnestly do to get her to be a permanent American citizen would help us the most. Please make the step-by-step process as if you were explaining it to an idiot, and don't leave anything out, thanks.

Now to start off... I'm VERY unsure about a lot of things, I only have a basic idea of what we need to do, to sum it all up all I know is that we have to fill in a bunch of paperwork that's over our head and pour in thousands of dollars and if we make a wrong step then were ultimately doomed ._.

Ive heard a million times that the quickest and easiest way is for her to come over here and marry me, which we've talked over and that's fine with her, she was going to wait a year but if marrying helps she really doesn't mind at all. Now, on the other hand I've heard that doing it that way is dangerous and they might think of it as fraud... So I'm unsure... Is getting married the best way?

Also, another big factor, an Immigration Lawyer?
Should we get one? I've heard its best not to because their WAYY too expensive... And believe me... I've seen the price tags... They don't look very inviting... But still, is the Immigration Lawyer worth it?

Another question, when she comes over here I expect her to cry on my shoulder because she had to leave her mother, and I promised her I would bring her back to Britain whenever I could. So... During the process of getting her Permanent U.S. citizenship... How long can we visit another country? Say Britain for example, which is where we need to make a small trip to during the time shes getting permanent residency. Ive heard '6 months' but I am unsure, also how many times can we make these 6 month trips?...

MOST IMPORTANTLY:
The most helpful thing you could do honestly is leave a step-by-step guide to me on what we should do, preferably give me every detail as if I were an idiot, leaving nothing out would be appreciated. Sorry for such a big thread... were both so nervous.

lansbury

If you feel need to have a idiots guide to do this, then go see an immigration lawyer who can explain all the options to you.

Nicholas G

In a way that's honestly how I feel but I've heard of them costing anywhere from 1,000 to 10,000 dollars and that would cripple us (not to mention were already going to be crippled, so we will need every penny we can get ;P!).
I just think of using one as a desperate last resort lol o.o

Its not that I really am a complete idiot on the matter, I just really want to make sure nothing is left out.

I guess you could say I'm paranoid. But ill keep an immigration lawyer in mind definitely!

lansbury

What you want is in the Wiki http://britishexpats.com/wiki/Category:USA_Immigration especially read the parts about K1 and CR-1 visas

kimilseung

Begin by meeting in person, if my memory serves me right it is a requirement for a K-1 and would seem to be sensible no matter what.

Nicholas G

Imma be so frustrated if wiki explains it better than these big official American websites lol... Thank you :P

Nicholas G

Ah, so for example go over to Britain for however long to see her (anywhere from a week to a year, just seeing her really)? Then bring her back with me to the US and marry here in America?

Also I understand this sounds outrageous... I would say this is downright outrageous myself before meeting her 7 years ago really.

katiekat

Hiya,

Your first and best piece of advice is, as someone mentioned, to read the Wiki on the K1 and CR-1 options.

I'm a bit confused by your word choices... Are you an American Citizen? Or are you a Permanent Resident? I've never heard of a Permanent American Citizen.

I would hope that you've met each other before, in person. You can visit someone in the UK without a visa for up to six months (this is at the discretion, however, of the immigration officers at your point of entry), or she can visit you in the USA for up to 90 days (again at the discretion of the immigration officer at the point of entry).


Differences between the two visas:

The K1 Visa is a Fiance(e) visa that allows you to bring your Fiancée here to the United States where you must marry her within 90 days of her entry. After marriage, you will file an AOS packet consisting of a few different forms asking for work authorization, advanced parole, and a green card which will give her permanent residency. PERMANENT RESIDENCY IS NOT CITIZENSHIP. Citizenship can be applied for a few years later.

The CR-1 process involves the two of you getting married FIRST, then filing certain forms (check the wiki). At the end of this process your then wife will enter the United States as a Permanent Resident (again, NOT a citizen). She will be able to work right away, unlike with the K1.

NOTE: It is not illegal to have your fiance come here and get married, BUT she MUST return to the United Kingdom afterwards. It IS illegal to come to the United States with the INTENT to adjust status on the VWP...

As far as an immigration attorney...

Some people find it to be a relief to have the forms filled out by a professional, but since it doesn't help the process go any faster, my husband and I did it all ourselves. As long as you calm down, read through ALL the forms and ALL their instructions then you can do it on your own without any trouble.

JSL8610

As Douglas Adams would say, I'd suggest the most important thing to remember is don't panic. After that, the above posters have given some very good advice. Reading the wiki and comparing K-1 (fiance visa) to CR-1 (spouse visa) will help you decide the best course of action for you both.

Without knowing your circumstances it's impossible to judge whether or not you need an immigration attorney. If you expect a relatively straightforward case (no criminal history, no previous visa denials etc) then you can manage without one. It sounds like it's just the paperwork causing you headaches.

It appears daunting at first but if you take some time to read through the relevant paperwork it is actually quite straightforward. Of course you won't know what is the relevant paperwork until you decide whether to get married and apply for a CR-1 or to apply for a K-1 and then get married. Don't get so hung up on the idea of making a wrong step during the paperwork. There are comprehensive instructions of what to include at what stage. Even if you forget something vital, all that will happen is you'll be sent a request for further evidence (RFE) and given time to send in the missing documents. It will delay your case for a couple of weeks but nothing worse.

I'd also echo other advice and say meet in person for a period of time. Not only is it a requirement for a visa, it's sensible advice anyway.

I suspect you'll probably find the wiki easier to follow than the government website and that once you've read that it will make following the process on the USCIS site easier. Have a read through and decide the best course of action. If you then have further specific questions feel free to come back and ask.

Finally, best of luck with the process regardless of which route you choose.

Regards,
James

JSL8610

I also just wanted to make sure you'd spotted this bit of katiekat's post. I think the fraud that you'd heard about would be if she tried to stay in the US after the wedding and adjust status. It is fine for her to come to the US on the VWP, get married and then return home.

Note that if you wanted to do it the other way around and get married in the UK then you would need a visa to do that which (I assume) is why you were recommended to get married in the US.

Regards,
James

ian-mstm

There's no such thing. You are either an American citizen, or you are a permanent resident. Please clarify if you are a US citizen or a US PR.


Respectfully, the process may be long, but it doesn't "hurt like hell".


Not only is it the best way, it's the only way.

Ian

Noorah101

No. You must first meet in person, period. Anywhere in the world that you want. Once you've met face to face, in person, and you have documentation to prove that, you then have two choices:

K-1 fiance visa - very basically, after meeting in person, you file an I-129F. After about 6 - 8 months, she gets a K-1 visa and comes to the USA specifically to marry you within 90 days of her entry. Then she can apply for permanent residency. There will be about a 3-month window (after filing the AOS package) where she won't be work authorized, and can't travel outside the USA. (well, she can, but she'll abandon the AOS process). But, she gets to stay with you after marriage.

OR

CR-1 Immigrant Visa - After meeting in person, you get married (wherever you want to in the world...keeping in mind that marrying in the UK needs a special visa, but marrying in the USA does not). After marriage, you file an I-130. In about 8 - 10 months, she gets an Immigrant Visa and then can move to the USA. She becomes a US Permanent Resident upon entry, and is work and travel authorized from Day 1.

Get rid of the idea that she will be coming back to the USA with you after meeting in person. Both of the available visa options take at least 6 - 10 months to complete.

Rene

jeffreyhy

+10 lansbury didn't suggest hiring an immigration lawyer, he suggested going to see one - i.e. have a consultation. Having had a consultation you will be in a much better position to determine whether or not you are capable of doing it yourself. (Teachable moment - learn to read carefully, and not substitute a new meaning for what was written.) Regards, JEff

Noorah101

I wanted to clarify what I said here. She *can* come back to the USA with you, after you meet in person (if you meet outside the USA). But she can only come as a visitor. If she's eligible to travel on the VWP, she'll need an approved ESTA in order to travel. She can only stay in the USA for up to 90 days. She cannot have the intent to come to the USA as a visitor and adjust status to permanent resident.

So...after you meet in person, you decide which visa route to take. If she wants to come visit you in the USA while either the K-1 process or the CR-1 Immigrant Visa process is going on, she can.

Rene

Bob

The quickest, would be to move to the UK, not necessarily the cheapest or easiest way, but either way, you need to meet in person.

Can visit the UK without a visa for 6 months.