MaryCotes-to-be

Hi all -

Just signed up, but this forum has been helping me and my fiance for months - thank you all!

I'm in a sticky situation and need some quick advice based on experience. Here's my situation:

I am a USC and have been living in the UK for 8 years (I'm a citizen). My fiance and I were planning to immigrate early next year to Charlotte, NC, but then our company (yes, we met at work) offered a very attractive voluntary redundancy package so we decided to hasten our plans.

My decree Absolute (divorce) from my prior marriage just came through. Our options (as I can see them) now are to get married here, then submit the Petition for Alien Relative I-130 at the Embassy in London or submit a Petition for a Fiance Visa I129-F with the USCIS.

It will be approximately 5 weeks before we can get married here and I'm not certain if you get the marriage certificate immediately or not in order to submit the petition. Embassy processing times are 3-5 months and they are currently processing from June 7th of this year. The USCIS processing time (Vermont Service Center - not sure how to know which one it'll be) is 5 months. Which will be quicker to get my partner into the US?

We aren't particularly concerned about him being able to work quickly, but any time he spends in the UK will suck up the money we have to buy a house in the US and we don't want that! I also believe I can establish intent to domicile very quickly.

I could really use some quick advice on this, as time is ticking away. Much appreciated! I promise to pay it forward.

Thanks!
Mary

scrubbedexpat099

One vote for DCF.

GeoffM

We got ours right after the ceremony - in fact walked back down the aisle with a new wife in one hand and the certificate in the other . Might be different if it's a church, I don't know.

lisa67

No it's not, well it wasn't 19 years ago..hubby had our marriage cert in his top pocket as we walked downt the aisle!

Noorah101

Hi Mary,

If you file an I-129F in the USA for a K-1 fiance visa, the total processing time is about 6 to 8 months. The 5 months you refer to is for the I-129F processing alone...the petition then goes to London and he applies for the visa, adding a few more months to the timeline.

DCF is currently taking between 4 - 6 months total. But you have to then add on time to get married, with you say is about another 5 weeks.

Not sure how long it will take his company to get him an L-1 visa, but if it's the quickest way, it can be done that way, plus the company gets to pay for all your moving expenses! Bonus!

Rene

lansbury

+1

MsElui

just make sure you ask the registrar for the 'long version' of the cert. I got both long and short versions right after the ceremony.

Noorah101

I just realized I thought you had said he could get a company transfer. But I see now you said voluntary redundancy (I take it that means retirement?).

So, given the choice between DCF or K-1 fiance visa, DCF wins out by a long shot!

Rene

scrubbedexpat099

Voluntary Redundancy = Laid off with money

Noorah101

Ouch.

Rene

MaryCotes-to-be

Thanks, everyone for your answers! That's an overwhelming vote for DCF and allows me to move forward without the what-if's.

Much appreciated!

Orangepants

This can be a great thing - my BFF in the UK was offered voluntary redundancy 6 months ago - was given 90,000 pounds pre-tax - she has worked there for 10 years (pharma industry) - and within 2 weeks got a job lined up to start when she was ready. Some people have all the luck. .
When Wachovia offered or rather "gave me" the option of leave now or voluntary redundancy - it was < $9,000.

NB - the UK is definitely pulling out of this recession quicker than the US.

JCraigFong

Seems to me that DCF would be the best option.

(a) it's faster than a K-1, even taking into account the "time it takes" to get married,

(b) it's cheaper than a K-1, which will require the filing of Adjustment of Status paperwork after marriage in the USA, and

(c) it's marginally less intrusive than a K-1, which typically requires pictures, proof of meeting, written statement from the Petitioner, etc.

--J