untouchable99

Hi could anybody tell me the situation regarding on getting a fiance visa etc.
I am engaged to my boyfriend and we live in the u.k, i am an american citizen and have lived in the uk for 10 years now..... wed like to move to the states and my fiance would obviously need a visa.
How can we work this? Should we get married in the u.k and apply for a visa in america? Or apply for a finace visa here and get married in the states? Wed like to go over as soon as possible.... is it possible for him to come over to stay straight away but not work in either instance? we have money saved up and could stay with my family .... what is the quickest way about this?
Thanks

Noorah101

You've lived in the UK for a long time, what's your status there?

The quickest way for you guys would be to get married there in the UK and then apply for his Immigrant Visa via DCF (direct consular filing). There will some tricky parts to this, since you've lived outside the USA for so long, but nothing that can't be overcome.

Have you been filing your US tax returns each year? If not, you'll need to straighten that out first. There is a very good IRS Dept at the US Consulate in London that can help you with this.

Total DCF processing time is about 4 to 6 months (not including the getting married part). Once he gets his immigrant visa, he can then move to the USA. He becomes a Permanent Resident upon entry, with permission to work from Day One.

Take a look at the DCF guide in our Wiki, then come on back with any questions.

Rene

Noorah101

Here's the link you need to read on DCF:

http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

Rene

untouchable99

thanks for the response, I am a british citizen now aswell and hold both british and american passports.
So while we are filing for the i-130 would he be allowed to visit under the visa waiver? Would he be allowed to file for the b2 visa at the same time? What considerations do they take into account to grant or deny the i-130, does age matter as we are quite young, only 23? also he is currently unemployed,make a difference? thanks

meauxna

The entire process when filing in London takes 4-6 months; there is no option for him to move sooner. That's already lightning-fast in immigration speak.

He can visit on the VWP if otherwise eligible, but I can't see any point in applying for a B-2, for a number of reasons.

The I-130 isn't really the issue (if you're a US citizen and you're married, that's it) but the visa application is. Please read the parts I highlighted in that wiki guide to give you a heads up about what parts are likely to make a difference. Your income in the US is the main one.

Noorah101

Probably, but he wouldn't really need to, if you are there in the UK with him. Unless you are planning to move back to the USA after filing the I-130, is that your plan?

If he's eligible to use the VWP, it will be difficult to get a B2. Plus, if you are in the UK, why would he need to be in the USA longer than 90 days anyway? What would be the reason for wanting to visit the USA while waiting for his Immigrant Visa to process, if his wife is there in the UK with him? Or, unless your plan is to move back to the USA after filing the I-130 in London...in which case, the whole DCF process only takes about 5 months...not nearly enough time to even warrent needing a B2 to visit you briefly while the process goes on.

Age should not be a factor, no.

No, his unemployment is not a factor. You are the one who will need to fill out an I-864 Affidavit of Support and be his financial sponsor.

Rene