Re: UK girl, US guy, how to make the process as quick as possible?!
 

[Hey,

Sorry to butt in on this thread but I didnt want to start a WHOLE new one just for me.So here's my dilema,

I'm british and my fiance is US citizen,He lives over there but had been working here,we are all (I Have a 2 year old son) going back to live there on the 4th nov,I have everything we need to anter on the visa wiaver programme,(return ticket and maching readbale passports)but I have looked into the various options,I think instead of waiting around and getting a K1 and K2 form for us ,we can just marry over there.

My questions are;

1)What doccuments do I need to provide for us to marry,
2)once we are married and we fill in the I-130 form what happens?does that include my son,?
3)Do I need a seperate form for him,Does it affect him if I get married without a K1,

we are not in a huge rush and we were going to do the k1 thing but it just seems like we might as well just go and get married,I called the embassy and they said I can do that but I didnt ask about my son stupidly,i can come back and will stay with my dad if i do,but have given up home here so as not to pay rent....can we do that?just get married?

I have been surfing the web for days and i just seem to get mixed messages from everyone...

can you please answer my questions???

Thank you so much!

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Aw, you deserve your own whole thread; I split it out for you. Your question is significantly different and deserves its own replies.


However, you need to clarify your question for it to be answered.
Do I understand that instead of getting a K-1 visa to allow you (and K-2 for your son) to come to the US, get married and stay (immigrate), you would like to cut out the BS in the midle and just come on the VWP, get married and stay?

Or, you'd like to come over, get married, return to the UK and have your new husband petition you as a spouse instead of as a fiance?

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Aww thanks for that,I moderate for a womenshealth forum and try to keep the thread down so less work LOL!I appreciate that! :)

Um,yeah,sorry not being clear I guess,yes you were right the first time ,we want to come over get married and stay,by filing for a I-130 form I would like to get a work permit so I can do modelling and online translations over here and obviously be part of the system,have insurance a bank account and blabla etc...


We plan to have a big wedding for everyone in oct next year,but have no intention of returning to UK permanantly,so there you have it...

Do you think we can do that?

Re: UK girl, US guy, how to make the process as quick as possible?!
 

The way you are asking this is still somewhat confusing. You want to look into the K1 process.

Check out this:

http://www.uscis.gov/graphics/howdoi/fiance.htm

Re: UK girl, US guy, how to make the process as quick as possible?!
 

ah!How is it confusing?Oh no!

Okay let me simplify...

we are going to the states to stay with my Fiance. (My son and I )
While we are there we want to get married and fill out a I-130 form so that we dont have to come back...

I wanted to know what papers I need for a marriage liscense to a Us citizen ,

If I can "just get married to him"with no troubles

and If it will caused problems doing it this way,or if I might as well just come back to uk and apply from here!???


Is THAT clear????Havinf a fuzzy day sorry!

Re: UK girl, US guy, how to make the process as quick as possible?!
 

What you are proposing is illegal. The legal way is outlined in the link I gave you.

If you get married whilst in the state on a visa waiver, you will have to return to the UK and go the K3 route.

Google for 'how do I bring my spouse to the US'.

HTH!

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Oh,are you sure?Coz I called the us embassy here and they said that I COULD do that on the VWP but that if I wanted to apply for this I-130 form and do it that way,we will still have to wait and I MAY have to go back to the UK in the mean time.BUT I am being told so many different things,you would have thought they would KNOw what they are tlaknig about!

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Change that MAY to WILL and you are possibly going in the right direction with this...

However, since you still seem to have some difficulty getting to grips with the process, you might want to have a consultation with an experienced immigration attorney rather than rely on an internet forum and (possibly misinterpreted) information from the embassy.

Re: UK girl, US guy, how to make the process as quick as possible?!
 

The VWP is for a 90-day visit only. If your intention is to remain in the USA, you'll need either a fiance visa or a spouse visa.

Best Wishes,
Rene

Re: UK girl, US guy, how to make the process as quick as possible?!
 

I am not having trouble,please do not mistake my analy retentiveness for stupidity.The only thing I am trying to do is confirm what i have "heard"or been told.

I am aware of the K1 process and only wanted to avoid it as this time round it will be too late.I thought there was a difference between the I-130 and a K3,there is it seems but am probably going to meet with an immigration official!

thanks for your help!

Re: UK girl, US guy, how to make the process as quick as possible?!
 

What you are proposing is illegal.

There is an excellent chance of doing so and getting away with it.

There is also a very real possibility that you could invoke some serious consequences after being caught.

"I" would/did do it the safe way. But then I was very risk adverse when it comes to the future of my family.

Read up on visa fraud and the consequences. If a one in a million event (getting caught) happens to you, it is a one hundred percent event...no?

t

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Okay,So that is out,would you guys suggest a plave where I can read about statistics? (ex)how long it will take,?if it's eaiser to file in the uk or the US?

Is a K3 the same as a I-130 (the immigration lady made it sound like it was a specific thing?)

I think in the mean time till we have worked out the best quickest and most lagal way to to this I will just come in and go back every 90 days or so on the VWP,I hope THIS at least is possible,if this is the case,we might as well wait until we do our "big" wedding on october next year!

I'll just have to be a long term "visitor"
that I hope is legal!

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Sure...
http://britishexpats.com/forum/showthread.php?t=164511

Re: UK girl, US guy, how to make the process as quick as possible?!
 

MiffyLou,
Sorry this got off on a weird foot. Maybe the following will help you with your decisions.
-If you are going to move to the US legally, you must come with a visa that you get ahead of time. Visas are preceded by petitions. There are different flavors of visas for immigrating:
K-1 (fiance visa) is preceded by a petition I-129f.
IV aka CR-1 (spouse) is preceded by a petition I-130.
K-3 (an extra spouse application that sometimes goes faster than the IV) -to apply for a K-3 you must already have an I-130 filed. You add an I-129f to the I-130 to get to the K-3.

You can come for a visit of 90 days with the VWP. You are certainly welcome to come and go with that option, but sooner or later you could be refused entry. It could be on your 2nd attempt at entry, or later. When it happens, you are pulled aside, questioned in the back room and eventually returned to your home country. People with children in tow who have experienced this find it very stressful and not too pleasant.
I would never recommend someone try to do this for a year or so.

Your Nov 4 plan is, as you've gathered, not legal. You can't move to the US the way you plan. Had you married in the UK while your USC was still living there, you'd have other options. You've limited yourselves now, and your options MUST take your son into consideration. There's a lot of talk about illegal kids here now--it's an ugly scene to drag a kidlet thru.

A fiance petition + visa will take about 6-9 months.
A spousal petition + visa (either IV, K-3 or both) will take 6-12 months.
These are GENERALIZATIONS--timelines can and do vary depending on many things out of your control.
You may VISIT the US during these wait times.

Re: UK girl, US guy, how to make the process as quick as possible?!
 

Coming into The USA on a visa waiver with the sole intent to marry & then apply to stay is immigration fraud so Id really think about that one before doing it. Sure I know it has been done but Im hoping that all those who do it that way have married on the spur of the moment etc, nothing planned if you understand that. If you do marry Id definately return home & do the K3 route. Yes it will mean a seperation from your love but one that is worth waiting for Im sure.
You can do the visa waiver thing as long as you leave within the required 90 days but how long you will be permitted to do this is another unanswerable question. You will be completely at the mercy of the immigration official who deals with you upon re-entry. You might be lucky & strike one who is having a good day & wont have a problem with the frequency of your visits but then you run the risk of getting one who is having one of those days when nothing goes right & may decide to say sorry you have been coming & going too often so I cant let you in. Can they do this? Very definately they can & they do from time to time. I was a little luckier when I was doing it & got sent to the secondary inspection area where a lovely female immigration officer pointed out that I was in fact trying to live in the US using the visa waiver programme to do so. When I told her I had a fiance in the US she said that because it was almost Christmas she would let me come in for another 90 days but suggested we look into getting me here legally, going through the right channels etc. So we enjoyed those last 90 days but prepared for my leaving & not knowing how long it would be before I could return....turns out that 3 months after I went home he came over & we got married. He stayed with me for the 90 days that he was allowed to stay then he returned to the US to start the immigration process for me......we chose the K3 route & it took us just over a year to be reunited. Yes the seperation was hard but it was also worth it to know we hadnt done anything wrong, we followed the rules all the way & it was a great feeling to finally see that visa in my passport.
I would think very very carefully before deciding on the route you are going to take & I wish you all the luck & strength in the world because this road to immigration isnt an easy one. It is one that will test even the strongest so be prepared for a bumpy ride.
Goodluck
Shepslady