a900

Hi guys

I know the information is on the forums already but the specific bits I need are all scattered in so many different threads and it's so much to take in I thought I could just try and ask in all the one thread and I'd be so happy if you could help.

I am 24, my girlfriend is 23. She lives in New York and I like in Birmingham, UK... We've been together for 3 years now and want to get married (I travel there a lot and she comes here a fair bit too).

Do I have to file for the K-1 visa so I can move over there? If so, how long does it take as I really can't wait after we discussed marriage to start our lives together!

Is it easier/better if she comes here and we get married in England first?

Generally, what is the best way to do this and get it done fast so we can start our lives together? Not really worried about the interviews or whatever, as I said we've been together for 3 years now, know everything about each other and sure this is what we want to do.

Is it perhaps quicker/easier to hire a forum recommended lawyer? Not got the most money in the world at the moment so eager to look at alternatives. Also, while my K-1 or whatever other visa I may have to apply for is being processed, can I still travel to see her during that tiem as I always have done via VWP? Or can I not visit while it's all in process?

THANK YOU in advance!

ljaw2002uk

Your routes are 1) If you intend to marry in and remain in the US, a K1 visa. 2) If you want to marry in the UK and then settle in the US, a CR-1 visa.

For the K1 from filing the petition to receipt of visa will take you 9-12 months. I believe the CR-1 is slightly faster.

The K1 is more expensive and will leave you unable to work in the US for around 6 months after entry. With the CR-1 you become a PR on entry to the US and are able to work straight away.

If you can read forms, and you have no nasties hiding in your past then you are unlikely to need a lawyer. We did the K1 with no legal advice, just lots of help from this forum. (For what it's worth with hindsight, we should have married in the UK and then gone the CR-1 route. Six months with no work almost drove me to go back to the UK).
And yes, you can visit the US on the VWP during your K1/CR-1 process.

Good luck.

Rete

Marrying in the UK is not without problems, however. You need to find out what is entailed in getting permission to marry while she is visiting.

ian-mstm

No, you don't have to. You can either get a K-1 visa and then marry in the US, or you can marry anywhere else in the world and then get a CR-1 visa.


If you get a K-1 visa, it'll take about 7-9 months from the time your USC fiance submits the I-129F petition until you get the visa. If you go for a CR-1 visa, it'll take about 8-10 months from the time your USC wife submits the I-130 petition until you get the visa.

The question you need to ask yourself is whether you'd prefer to be engaged and separated for a few months, or married and separated for a few months.


It is neither easier nor better. It is also neither harder nor worse. In other words, it doesn't matter.


If you want to be together sooner, the K-1 is the way forward. However, being together sooner should not be your sole criterium. The CR-1 route is less expensive albeit slightly longer. The CR-1 visa allows you to work and live in the US from the day you enter; with the K-1 visa you must apply to adjust your status after you're in the US and married. You won't have permission to work for about 3 months.

Our wiki has a good comparison chart.


Using an attorney will certainly not be any quicker, but if you're not good at paying attention to detail then perhaps an attorney will help you sleep better at night. Many of us, me included, did not use a lawyer and did just fine (and saved a pile of $$). Others used a lawyer. Using a lawyer is neither better nor worse... and is certainly no guarantee of success or freedom from any issues that might arise.


Yes.

Ian

ian-mstm

No, about 7-9.


It is not.


No, about 3 months.


Correct.

Ian

Noorah101

That's one option. The other option is to get married first (anywhere) and then do a CR-1 Immigrant Visa.

There will be a period of separation either way you go. Be prepared to be apart for about 7 - 10 months either way you go. Keep in mind that the K-1 visa process can be started immediately, but the Immigrant Visa process can't be started until after you get married, so you have to tack on time for that.

It's easier to get married in the USA because you don't need a special visa for that. She would need a special visa to marry you in the UK. But the Immigrant Visa isn't necessarily "better" or "easier" than a K-1. It's just a personal choice.

K-1 visa is faster, in that it can be started sooner than the Immigrant Visa process. "Best" is whatever works for your situation personally.

Hiring a lawyer is also a personal preference. Some people do, some people don't, for various reasons.

You can still visit each other while the process is ongoing.

Rene

S Folinsky

+1

I have often used the analogy to income taxes. Many people use a paid preparer even though a person can do it themselves.

Also, sometimes a lay person may pay attention to detail but simply misconstrue a question, e.g. the effect of "spent" convictions. [When I was in practice, I was embarrassed more than once because a client felt he did not have to disclose an "expunged" conviction. One learned to get incredibly nosy in asking about a person's past record. I know some attorneys who get the equivalent of an APCO for every case as a prophylactic measure.].

jeffreyhy

What is "best" varies for different couples, each couple having their own individual preferences and requirement that may superficially sound the same but vary in the details.

You mention having read many different threads, but have you read the British Expats Wiki sections that deal with family-based immigrant and K1 visas to the USA? You will find more concise information there.

Since "get[ting] it done fast" is one of your priorities, recognize that although the immigrant visa process is takes only 1-2 months longer from petition to visa issuance, with some mitigating benefits, there is also the time between today and submitting the petition to be factored in.

Regards, JEff

jeffreyhy

There is also a middle path between DIY and hiring an attorney - have a consultation to discuss the process and to discuss the couple's specific circumstances. What can be learned from a consultation will benefit the couple whichever way they decide to procede.

Regards, JEff