rtslatta

I met my fiancé during my first degree while she was completing her post graduate degree in the UK.

She has dual nationality; her father was born in Wales.

We are currently living together in the UK.

Her career will be stifled in the UK and wants to move back to the US to carry on internships and residencies and later her career. I have no objection to moving to the US.

I wish to pursue a legal career and I could do this in the UK or the US. Due to my fiancée desperately wanting to move back the US I have taken my LSAT and I am applying for Law Schools in the US. I do not know which one, if any, will accept me, and therefore do not know where I will be resident. We are doing our best to be accepted into programs in the same city so that we are together. At the moment our best bet appears to be in Florida or in Boston (MA), my fiancée is a resident of California (if I can not get into Law School where she is undertaking her internship then I will most likely live with her mother in California until we can be together, this is a last resort you understand).

We want to get married this year, and that was the plan. However US immigration laws seem far more complicated than I imagined.

The plan was to get married in the US, that is where my fiancée would like, and from an immigration stand point seems to be the best course of action. We were hoping to be married at the beginning August as this would be the best time that would suit us both as we would both be able to go on a honeymoon at that time.

I would like some advice on what is the best course of action.

I wish to start Law School in the Fall of 2008 and get married just before hand. If I get a Student Visa, which takes only 3 days to get in the UK I would have to lie and withhold the information about my relationship and intention. This would not bode well for me obtaining PR in the country and could mean that I have to go back to the UK for a year (or however long the PR application takes) after my student visa expires. If I get a fiancé visa then it may not arrive in time for me to start Law School and I do not know if there is a way of being allowed to study under the K-1 Fiancé visa (I know that I can apply for a work permit under it).

I would be most grateful for any information and advice you can give me.

Kind Regards

Rob

ian-mstm

You can not *live* in the US without permission and some sort of status.


The best course of action is the once that works for you! That may seem a bit cryptic, but each situation is different... so what works for someone else may not work for you. Be aware that as you are not a PR, nor will you be one anytime soon, you will likely have to pay international tuition fees.


If you lie and get caught, it could mean a lifetime ban from the US... and being married to a US citizen isn't going to help you at all.


If you apply now, it will most likely come through within 4 - 6 months... and you then have a further 6 months in which to actually move to the US.


A K-1 fiance visa allows you to enter the US to marry your fiancee. Period. End of Story. Once you are married, you must file to adjust your status. Filing for adjustment gives you the option to study, file for permission to travel, and file for employment authorization... although, to be fair, you *are* authorized to work for 90 days using only the K-1 visa... but you still need a SSN.

I know you say your fiancee prefers to get married in the US, but if you marry in the UK (or marry in the US and then return to the UK), she can file an I-130 directly to London and, in about 6 or so months, you can enter the US as a PR with study, travel, and work authorization from day one.

Ian

Folinskyinla

Hi:

How firm are your wedding plans? Have you made any formal announcement of being engaged? The term "fiance" can be a little fuzzy at time.

If you are firmly committed to getting married, you might want to consider doing the legal deed NOW and starting the immigrant visa process via filing of the I-130 at the DHS office in London. [There is a strange habit on this forum of reference to "DCF" for "Direct Consular Filing" -- which is not possible in London -- one files with the DHS office in the Embassy, not the Consular Section].

By the way, there have been many judicial comments that the Internal Revenue Code and the Immigration Nationality Act are the two most complicated areas of immigration law.

Please note that although I am a lawyer, I am not YOUR lawyer. There is no intention here of creating even the appearance of an attorney-client relationship.

Good luck.

Noorah101

Hi Rob,

Probably your "easiest" route towards your goal(s) is to get married in the UK now, and file the I-130 in London. You should get your immigrant visa in less than 6 months, and you will become a US PR as soon as you enter the USA on that visa. It's by far the easiest way to be together in the USA and have the freedom to work, study, and live in the USA.

You can always have another wedding ceremony in the USA for the sake of your wife's family.

Best Wishes,
Rene

Tracym

Why not come to the US for a visit - and get married, then return to the UK and file?

Folinskyinla

Hi:

They are both living in the UK at the moment.

Tracym

Right, I understand that.

But the bride wants to be married in the U.S.

So why not take a vacation (soon) - get married, then return to the UK.

Then file.

Is there something I'm missing?

Elvira

Could be risky......... what if he is turned back at the POE if they don't believe him...

fatbrit

I'd think the biggest problem is that women need 6 months to plan a wedding. Unless they were going for a drive-thru with Elvis do in Vegas.

NC Penguin

Hey! I arranged my own wedding in three months and that was with aggro from my Mum.

Tracym

True, that's possible. But if they're just ocming in for a short visit, hopefully he wouldn't get that much questioning at POE. I'm guessing, but if he's just finishing up a degree, they'd probably believe that he wouldn't quit just before graduation.

lol what is it with you Brits and Elvis - that was my Keith's suggestion!

I guess - would she rather plan one quick, and have it in the U.S. Or have it when she wants, but in the UK?

I just meant to raise it as a possibility.

Bob

Just get married, DCF and plan a "ceremony" for friends and family in the US afterwards.

You'll be paying international student fee's for a while, and that'll be rather expensive, especially in Boston, as well as living expenses...but plenty of good schools in the area.

Elvira

Hm.

I get impression that the future Mrs A'Brit has set her heart on a big do...

Would you shell out lots of $$$ on church, reception, dress etc if there was a risk that the groom might be prevented from attending, courtesy of some immigration officer who is having a bad day (or a toothache)?

The risk may be small, but real.

In the end it's their call.

Tracym

Absolutely!

miami078

hi there

I am in exactly the same position and have actually just posted a thread before reading yours. My partner is a US citizen and I a UK. We have recently got engaged and ope to move to the US. We are both currently in the UK for the next year (although his visa runs out this february and he will be returning on a tourist visa for the next year). I am putting my studies on hold in order to start a university course in the US in september 2009. We were looking to get married in the UK in may 2009 however looking at some of the replie, timescale wise, my visa may not be processed in time to start university.

am i right in saying its easier to get married in the UK then rather than the US as long as we do this soon i.e later 2008? Alternatively what would happen if we married in the US in say july 2009 would I be able to study in the US in september 2009?

let me know what you decide to do in the end and good luck, preparing a wedding is stressful enough without all this immigration to take into consideration and although a necessity we are finding it takes a shine away for our true reasons of being wanting to be together!!