Help please- re visa and smoothest immigration process with marriage

[NeeRC 0]

Well my flights are booked for April '18. Couldn't we get married there and he file for k3 and then aos? It's just the times and process I'm worried about. I don't want any last changes. 

[NeeRC 0]

We just want to be together and it costs a lot going back and forth. With the addition of the overall visa costs.... 

[Unlockable 7,306]

2 minutes ago, NeeRC said:

We just want to be together and it costs a lot going back and forth. With the addition of the overall visa costs.... 

Don't you think that is exactly what EVERY person applying for their loved ones wants... to just be together???

 

You have already been advised that it is fraud to plan to come on a ESTA to marry and stay. You are free to marry but it is best to return and continue visiting through the process.

 

No on here is going to advise you to commit fraud. It is against the site's conditions as well as immoral. This is a site of people who take their personal time to help others do it the right way. It sucks, we know this. But 90% of the people here had to spend time away from their loved ones.

[JFH 12,189]

10 minutes ago, NeeRC said:

Well my flights are booked for April '18. Couldn't we get married there and he file for k3 and then aos? It's just the times and process I'm worried about. I don't want any last changes. 

You can get married when you visit in April. You cannot stay and apply for AOS after the marriage. This option is only available to people who are already in the USA who entered with no intention of staying. 

 

Being apart is awful, we all know how that is here. Every one of us has been through it or is going through that. My husband and I were long distance for 4.5 years. I found that frequent, short visits helped me get through it easier than a few long visits. 

 

Have you met in person already? If so, you can start the K-1 already for a fiance visa. But please read ALL of the pros and cons of this visa type - don't stop reading at the bit that says it's faster than a CR-1 and decide it's the right one for you. Compare it with the CR-1 fully. The quickest one isn't always the best one. 

 

 

[NeeRC 0]

1 hour ago, JFH said:

You can get married when you visit in April. You cannot stay and apply for AOS after the marriage. This option is only available to people who are already in the USA who entered with no intention of staying. 

 

Being apart is awful, we all know how that is here. Every one of us has been through it or is going through that. My husband and I were long distance for 4.5 years. I found that frequent, short visits helped me get through it easier than a few long visits. 

 

Have you met in person already? If so, you can start the K-1 already for a fiance visa. But please read ALL of the pros and cons of this visa type - don't stop reading at the bit that says it's faster than a CR-1 and decide it's the right one for you. Compare it with the CR-1 fully. The quickest one isn't always the best one. 

 

 

Yea we've met already last year. Thanks. Thanks for everyone's help and advice so far. 

[geowrian 22,335]

2 hours ago, NeeRC said:

Well my flights are booked for April '18. Couldn't we get married there and he file for k3 and then aos? It's just the times and process I'm worried about. I don't want any last changes. 

AOS is not an option and would be clear fraud.

 

K-3 is obsolete. Either do a K-1 is you're not married or CR-1 if married.

[larnar1309 101]

I married my husband in Dec 2016 and we Filed our CR-1 on Jan 1st while I was still in the states. 

 

After I came back to the UK it was hard because we had lived in Japan together for several years and difficult being apart. When I went back to visit him I was told the same thing as you that you can file so that you can stay in the US whilst the CR-1 is processing - however during this time you would not be able to work. I don't know how you feel about that but I didn't wanna be a burden to my husband and not contribute to rent etc. or our earnings. It was much easier to continue working in the UK whilst we were doing this process. 

 

Now we are used to long distance and its true - distance sometimes makes the heart grow fonder. It has been nice missing each other and going for visits. If anything it has shown us how strong our relationship is and that we can get through anything. Even the 3am phone calls that leave me dead at work the next day ;P haha

 

Good luck whatever you decide but like everyone has mentioned - don't commit fraud or risk any red flags through this process. They will quickly deny you if they suspect anything like that.

[JFH 12,189]

Also look into the option of him moving to the U.K. In many cases it's quicker. The advantage of many international relationships is that there are often two choices of where to live. If it's all about being together as quickly as possible, see if he can move to the U.K. quicker. 

[Pennycat 880]

4 hours ago, NeeRC said:

We just want to be together and it costs a lot going back and forth. With the addition of the overall visa costs.... 

It's not unusual for newlyweds or engaged people to be together. Or for airplanes to be expensive. And we all pay the same visa costs. It's just how it is and everyone here as been through it or is currently going through it. It wasn't (and never is) a great idea to book tickets before securing an immigrant visa (and downright foolish to think you could migrate without one). But you can salvage it by applying for a K1 visa now, like-- fast as you can, and you'd have an outside chance of having a visa in hand by April. Personally, I would look into getting a refund for that ticket or seeing what the change fees are now (or prepare to treat April like a visit).

 

The benefit K1 has over CR1 is that they tend to be a bit faster and-- big benefit for you-- you don't have to be married to apply for one. So seriously, if you get your act together quickly, your fiance could have the first step in the mail by the end of this week. Going for a CR1 visa you'd have to wait until you see each other again, get married, wait for the certificate etc.

 

The drawback of K1 vs CR1 is that you can't work right away. But if you continue with your original plan of migrating on a visit visa (fraudulently and runs the risk of being turned around at the border-- something that can and does happen), you wouldn't be able to work right away either. 

 

As for the expense-- the visa itself isn't the large expense, it's the residency application which you'd have to do one way or the other. Sure the fiance visa costs more than migrating on a visit visa but again plan #2 is fraud and is risky and is never advised here.

[NeeRC 0]

24 minutes ago, CatherineA said:

It's not unusual for newlyweds or engaged people to be together. Or for airplanes to be expensive. And we all pay the same visa costs. It's just how it is and everyone here as been through it or is currently going through it. It wasn't (and never is) a great idea to book tickets before securing an immigrant visa (and downright foolish to think you could migrate without one). But you can salvage it by applying for a K1 visa now, like-- fast as you can, and you'd have an outside chance of having a visa in hand by April. Personally, I would look into getting a refund for that ticket or seeing what the change fees are now (or prepare to treat April like a visit).

 

The benefit K1 has over CR1 is that they tend to be a bit faster and-- big benefit for you-- you don't have to be married to apply for one. So seriously, if you get your act together quickly, your fiance could have the first step in the mail by the end of this week. Going for a CR1 visa you'd have to wait until you see each other again, get married, wait for the certificate etc.

 

The drawback of K1 vs CR1 is that you can't work right away. But if you continue with your original plan of migrating on a visit visa (fraudulently and runs the risk of being turned around at the border-- something that can and does happen), you wouldn't be able to work right away either. 

 

As for the expense-- the visa itself isn't the large expense, it's the residency application which you'd have to do one way or the other. Sure the fiance visa costs more than migrating on a visit visa but again plan #2 is fraud and is risky and is never advised here.

Thanks. Yea I'm gonna confide with him and I'll probably just go for a visit. I wish to do things legitimately and if I have to stagger it or whatever I will. Thanks again for the assistance and yeah we'll probably get married next time in April.. we was gonna get married last time (summer 17) but it would have been last minute.. so we didn't. I'll just have to sort this. 

Hey if we get married next time I visit and I leave to come back to stay- what's the best way to have a secure straight forward process for the time I go to stay? If April is a visit n we get married then... I just wanna know so we can sort this out. I kinda screwed over an overdraft for this.. 

[NeeRC 0]

1 hour ago, JFH said:

Also look into the option of him moving to the U.K. In many cases it's quicker. The advantage of many international relationships is that there are often two choices of where to live. If it's all about being together as quickly as possible, see if he can move to the U.K. quicker. 

I hate it here in the U.K. Also he'd have to get a passport and start again. Not difficult but there's many things that has happened here in U.K. to me n I wanna escape it. Like there's nothing here for me- I hated coming back and I was not bothered if the darn plane crashed on the return trip.. hey at least being together we make the most of eachother. The only worry is I don't wanna be a burden on him but he says he doesn't mind so much if we can be together eventually.. I'm 18 and trying to find a good career path n get started. He's been abroad but he used a military pass thing instead of a passport when he was stationed  S.K 

[Pennycat 880]

6 minutes ago, NeeRC said:

Thanks. Yea I'm gonna confide with him and I'll probably just go for a visit. I wish to do things legitimately and if I have to stagger it or whatever I will. Thanks again for the assistance and yeah we'll probably get married next time in April.. we was gonna get married last time (summer 17) but it would have been last minute.. so we didn't. I'll just have to sort this. 

Hey if we get married next time I visit and I leave to come back to stay- what's the best way to have a secure straight forward process for the time I go to stay? If April is a visit n we get married then... I just wanna know so we can sort this out. I kinda screwed over an overdraft for this.. 

If you get married in April, he can start the application process as soon as your marriage certificate arrives. You'll be applying for a spouse visa-- a CR1. You'll have to leave before your ESTA stay is up-- wait time is right around  a year for that.

 

What sounds like a better option for you is to file for a fiance visa-- a K1. He can start the paperwork NOW and you could have your visa interview as early as mid-April. It would be tight but if you get moving soon, that plane ticket may not be a waste. Even if you don't interview until May or June, that still gets you in the US far quicker than waiting until April to get married and start the process. And, if he's military, it's possible that this whole thing gets expedited for you, depending on his deployment schedule. 

 

The issue with arriving on ESTA with the intention to stay is that they'll generally ask why you're here and if you lie, you could wind up in an absolutely huge amount of trouble, immigration-wise (all the way up to and including a lifetime ban from any visa, including a spouse visa) and being "turned around at the airport" isn't anywhere near as nice and easy as it sounds. It involves being held in federal detention until the next flight, which depending on the case could be overnight. Lots of people try and get away with it but one-- remember, they ARE breaking the law and should not be. But for those who get caught, it's just not pretty (or worth it). If you read this woman's experience to get an idea of what we're all talking about. To me, it's quite clear that she intended to migrate and is covering up that fact (and likely lied to the officers), but even if she's telling 100% of the truth, that should serve as a pretty serious warning on how seriously they take it:

 

http://www.news.com.au/travel/travel-updates/incidents/molly-hill-reveals-how-dream-trip-to-hawaii-turned-into-a-nightmare/news-story/b3833259e7ffe3e130dbf73c852f2f82

 

Again, look into a fiance/ K1 visa. You really may make that flight after all, with the proper visa.

[NeeRC 0]

That's tough- her story. I don't wanna go through all that and want things to be LEGIT! He's ex military. If I just visit in April it will give us more chance to do everything and process things. I don't want our marriage to seem fraudulent to the authorities although it's sincere. It also gives us chance to save cash n plan things. I don't want to limit options or put pressure.. thanks. So I reckon CR1 - ?? 

[Dianalorena 1,153]

6 hours ago, NeeRC said:

We just want to be together and it costs a lot going back and forth. With the addition of the overall visa costs.... 

Every single one of the families here wants to be together. We also rather not spend all the money traveling back and forth. Some of the couples have young children that are growing up without one of their parents.  Some are spending 800+ additional dollars a month supporting two households. My husband left two days after we got married, and in 9 months of marriage, I've seen him a few weeks only, since I am not part of the VWP.  His anxiety is through the roof and he is on medication. It undeniably sucks. 

Unfortunately, that doesn't mean we get to skip it. Most of all wish we could though. 

The U.S implemented these immigration laws and rules, whether we like them or not we have to follow them. It does make things better in the long haul. By marrying and adjusting like that you might face additional scrutiny. K1 or CR1, just like the rest have suggested.

 

My husband and I are going through the CR1. it is taking longer, but once you arrive you can almost immediately work and you have the green card, as compared to adjusting status and waiting months, like the K1. In my opinion, it's worth the additional months, but everyone has a different opinion of course. Talk about your options and see which one suits you best. 

 

 I wish you the best in your journey. 

 

 

 

 

Edited October 10, 2017 by Dianalorena

[NYCruiser 423]

7 hours ago, NeeRC said:

I'm currently in the U.K. now. Just to clear that up 

Then no, you cannot come to the US on ESTA as the intent is preconceived. You can marry anywhere else not in the US, since at the POE then will ask you the purpose of your visit. Since it is the UK, you might be able to get away with saying you are marrying in the US, BUT heading back after the ceremony etc....to start with the I-130 filing. 

It will take about 12-18 months I understand.