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hiphoplollipop

Fiance visiting in Sept - wish to reside in US but thinking to marry in UK first

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Hello!

My American fiance and I are preparing to apply for the K-1 visa, but I have a question.

They're visiting me in London at the end of September, I was wondering if we got married while they were visiting, using the UK Marriage Visitor Visa, what do we then need to apply for to go to the US to marry? Would this option be quicker than a K-1?

Desperate to start a life together in the US, as I know so many on here are too, just thinking what would be quickest.

Thank you so much in advance.

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The quickest way for your fiance to come to the US would be to use the K-1 visa but, it's also more expensive than applying as a spouse (IR1/CR1). You can see the comparison here: http://www.visajourney.com/content/compare


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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We looked at the options and while it does take longer with the CR-1, it meant that my husband would be eligible to start working as soon as he arrived in the US. If you go the K-1 route, teeak says, it is quicker, but more expensive, and means that you'll not be able to work for at least 90 days until you have applied and received your EAD.

And if you marry in the UK, you are considered married in the US. You can have a ceremony/reception when you get to the US, but you'll already be legally married (also meaning you cannot us the K-1 visa to enter).

Good luck!


Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

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If you marry then you can't apply for K-1


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Thank you - so the CR1 visa could potentially take longer than a K-1?

Also, we would basically be getting married in the UK and then my partner would need to return to the US for their job etc so not sure if this will have a bad affect on the CR1 application? I've read need joint bank statements etc. We have everything we'd need for a K-1 application but have not lived together yet or shared bills.

It would definitely be great if I could start working legally in the US straight away rather than waiting 90 days.

Edited by hiphoplollipop

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Thank you - so the CR1 visa could potentially take longer than a K-1?

Also, we would basically be getting married in the UK and then my partner would need to return to the US for their job etc so not sure if this will have a bad affect on the CR1 application? I've read need joint bank statements etc. We have everything we'd need for a K-1 application but have not lived together yet or shared bills.

It would definitely be great if I could start working legally in the US straight away rather than waiting 90 days.

The CR-1 visa takes about a year, plus minus a couple of months, so the K-1 visa is definitely faster.

That's how most people on the CR/IR-1 route do it, you get married and then live apart until you have visa in-hand and can move over, so it definitely won't have any kind of affect on the CR-1 visa.

If you go for the CR-1 visa, proof of bona fida relationship is usually pictures of you together and with family, chat/email logs, phone records and passport stamps/boarding passes from visiting each other. Don't read too much into what it says on the I-130 instructions, that form is also used for other visas. US immigrations don't expect you to have joint accounts or anything like that together.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Thank you - so the CR1 visa could potentially take longer than a K-1?

Also, we would basically be getting married in the UK and then my partner would need to return to the US for their job etc so not sure if this will have a bad affect on the CR1 application? I've read need joint bank statements etc. We have everything we'd need for a K-1 application but have not lived together yet or shared bills.

It would definitely be great if I could start working legally in the US straight away rather than waiting 90 days.

CR1s on average do take longer than K1s. K1s can take anywhere from 5 to 10 months (although the days of them taking 10 months seem to be over because of internal changes at USCIS)--and sometimes even a bit faster. CR1s generally take at least 12 months, up to about 16...again--sometimes even a bit faster.

The major bonus for you for the K1 is that you can apply for it right now. You can get that clock "ticking" in the next couple of days, if you're quick with paperwork. For the CR1, it sounds like you'd have to wait until the end of September. So your choice is 5 to 10 months from NOW or 12-16 months from the end of September. If your partner cannot move to the UK to be with you while either of these visas is processing, you will be living apart for the duration of the application process. It won't "look bad" living apart. It's fairly normal. You don't need to show that you've lived together or shared bills for K1. I'm not 100% sure about CR1, sorry (but I think that that level of scrutiny is for getting the permanent green card.....not for the CR1 visa).

Obviously, many other things factor into which visa to apply for. Money is a big factor for many (fiance visa is more expensive). As is working (for CR1, you can work right away. For K1, you have to wait until you're married--up to 90 days. Then apply for work authorization which can ALSO take up to 90 days). So you're looking at up to 6 months of unemployment in the US. That's the worst case scenario, though. Most people get married well before the 90 day mark, and work authorization comes in for most people after only 2 months.

Really, it's a matter of weighing the pros and cons for your own situation.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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