Liamilano

My Girlfriend and I intend to get married in the summer. She is American, I am British we want to live in the US together. Im in the UK and shes over there. Whats the quickest way for us to be together?(me getting over there)

Folinskyinla

Hi:

A good generic question. "Quickest" and "best" are not always synonymous in US immigration. Also, it may be advisable to avoid having the hormones get in the way of rational thought. What some people use as the "quickest" may turn out to be the "worst." [Analogy: Honey, I've never used one and I ain't got pregnant yet. ].

Do note that what has been "quickest" for the people getting visas now may not be quickest for people starting today. No one has a crystal ball that works very well.

Also, you may not qualify for a visa at all -- sometimes the "quickest" is "can't be done." Criminal record for example. Also, you don't give your gender. Some perfectly legal marriages were attacked in the "Defense of Marriage Act."


Perhaps you might want to look at the wiki noted above.

Good luck.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon, 1975.

Liamilano

Well thanks for your advice, but I am a Male and we're both fans of safe sex! I dont have a criminal record.

Whats the BEST way ?

ian-mstm

With respect, the "best" way, is what works for you. For example, is working ASAP important to you... or is being together ASAP more important to you. Don't let your hormones interfere with the decisions... because you likely won't be able to have it both ways. When it comes to US immigration, "quick" and "best" are very often mutually exclusive. Oh... even if you do get married this summer, it'll take 8-10 months for you to get a visa to enter the US so be prepared. Be prepared also to do a lot of reading... immigration is a lot like learning a new language - and if you want to minimize problems, you must learn it.

So... first question... where do you want to get married? Second question, would you rather be separated as an engaged couple or as a married couple? One you have an answer to these 2 questions, you'll be well on your way to knowing what sort of visa you'll need.

Ian

Just Jenney

The best way is the legal way. If you plan to be married this summer, then the "best" way for you is probably:

1) You come to the US on the VWP
2) You and your fiancee get married
3) You return to the UK
4) Your new wife files a petition for you to get a CR-1 spousal visa
5) About 8-10 months later, you get your CR-1 visa and emigrate to the US

More info here: http://britishexpats.com/wiki/CR-1

~ Jenney

Liamilano

We want to get married in the US so I reckon I should apply for the K1

Folinskyinla

Hi:

You are very welcome.

You have now given two pieces of information which we didn't have before. That is a good start!

On the analogy part of things, I believe it is "best" to practice what one might call "safe immigration." It is not unknown for the desire for the "quickest" way "to be together" to lead to what is often called the "visa waiver express" which happens to be known as "the 10 foot pole" in this forum. Let me put it this way, the "visa waiver express" can bite you on the ass -- hard, very hard -- if it doesn't work out. Furthermore, deponent sayeth not because of a lot of legal issues and risks involved in even discussing it in a fashion that might even remotely suggest it is the way to go. Besides being a violation of the law -- when it blows up, it blows up big.

Also, what is "BEST" way -- it is up to YOU to weigh all the factors and make that decision.

Good luck.

Just Jenney

Not if you plan to get married this summer. The K-1 visa also takes approximately 8-10 months to obtain, the same amount of time as the CR-1. There's nothing wrong with marrying on the VWP -- AS LONG AS you then leave the US before your 90 days are up and start the CR-1 process back in the UK.

The upside is that if you go the CR-1 route is that you become a permanent resident the moment you enter the US. If you go the K-1 route, though, you'll have to go through the entire adjustment of status process, which is quite redundant after doing the K-1 and just increases the time you have to wait before you can work in the US, among other things.

~ Jenney

Noorah101

The quickest way to be together is the K-1 fiance visa, which only takes about 6 - 8 months through London right now. Of course you have to have already met in person once within the past two years, but if you've done that, then the USC can file the I-129F as soon as she has all the correct documentation (can probably file it within a week). That way, you can be here quickly, which means you'll be here around October - December 2009, if all goes smoothly. You will not be having a summer wedding if you do this route.

Your other option is getting married in the summer, if that's what you really want, but then you can't start the Immigrant Visa process until after you are married, and the process takes around 8 - 10 months currently. That means, if you wait until let's say July to get married (middle of summer), you won't be immigrating to the USA until around March - May 2010.

So to sum it up, the K-1 is a faster process....the Immigrant Visa is a better overall visa (because you become a PR right away when you come to the USA on that visa)....and the "best" one is the one which best fits YOUR particular desires.

Rene

jeffreyhy

L,

It's a very personal matter. What was best for me may not be best for you. You've asked a question that you have to answer for yourself.

Regards, JEff

Liamilano

Thank you this seems the best option. We've seen each alot in the last two years shes just left here and is coming back june.

If i was to apply for the k1 now am i able to visit the US on the VWP while im waiting?

And also how long after you get married in the US does it normaly take until you can work?

jeffreyhy

L,

Getting CIS authorization to work typically takes 3 months after applying for it.

Getting a job offer typically takes far longer.

Regards, JEff

elisa_emely

hey,
ive almost finished the first part of the K1 visa stuff. my interview is tomorrow!
i would say that the K1 is the best way to go for getting married in america and it means you dont have to be apart from eachother once you get married.
so first of all you need to file the form I-129f and that costs $450, you need to look on the uscis site to work out where to send it to (you need to send it to the correct filing address for you) then wait about 3 months for that to be sent on to london at that point london will contact you with what to do next so you need to fill out more forms and send them back
ds-156
ds-156k
ds-157
iv-15 checklist
and then you just have to sit and wait for them to call you for the interview.
i found that i was calling them everyother day but i think it helped as the more times i caled the better i knew their system and the more information i could get from them, in the end the guy was like ok i'll give you an email address so i emailed them with a code and they booked my interview asap! so that was nice.
umm i dont know if ive missed anything out, hah i souldnt have as im JUST finishing it all.
good luck, and this site is pretty good as well although sometimes you get people going off on one!

Elisa

Just Jenney

I disagree. If we had to do it all over again, we'd definitely go the CR-1 route because it's so much more advantageous than the K-1 visa: http://britishexpats.com/forum/showp...1&postcount=38

So, as has been said, "the best way" is completely subjective.

~ Jenney

ian-mstm

Your USC fiancee starts the process by filing form I-129F... a petition to have US immigration recognize you as a "pending spouse". You don't actually apply for the K-1 visa until well into the process.


Yes.


After you marry, you must file to adjust your status. It takes about 3 months *after* you file to adjust your status to get employment authorization. As Jeff suggested though, getting a job is a completely different issue especially in the current economy. So... the sooner you file to adjust your status, the sooner you get work authorization.

If you pursue a K-1 visa, you will *not* be able to marry in the US this summer... and you can *not* get married in the summer while you are waiting for a K-1 visa. Getting married ahead of the visa will completely invalidate the entire process and you will need to start again from scratch.

Ian