Being separated as little as possible...

[kinab001 0]

Sorry for this being so long, but i've recieved so much conflicting advice I have more questions now than i started with.

Background and what we want to do:

I am an American citizen originally from South Carolina, and he is a British citizen. I have been living in the UK since August 2004 as a fulltime student. We are both living in the UK at the moment. We would like to come to America to get married and settle permanently. What we’re after is the fastest way to get him into the country legally.

Advice we’ve been given so far:

I called the immigration office in Atlanta, Georgia and asked what would be the best way. I was told that in order to petition for a K-1 fiancé visa I would have to be in the United States when I file it, and Dean would have to be in the UK. I was told the wait time at the moment was about two months. Obviously we weren’t too happy with that advice, because we don’t want to be separated. The lady told us that the best way to avoid being separated would be to go to America together and have Dean enter on the Visa Waiver Program. Once we enter the USA we should file the fiancé petition and hope that it would be processed within the 90 days of the VWP. She told us he would then have to go back to the UK to apply for the visa at the US embassy in London.

I was also told that if we were to get married in the UK that Dean would have to stay in the UK and wait for his immigrant number, which would take 10-11 months. We’re very set on moving to America now, and in the very near future, so this is not an option.

A couple of weeks after I received this advice I started looking more closely at the forms. On the fiancé petition it gives an address to send the application to if you are outside the US. I have gotten detrimental immigration advice before, so I called back to talk to someone else.

I was then told that I could file the petition from the UK. I’m a bit confused now, to say the least, about what is the best thing to do. We have our plane tickets already for June 20th which we bought after the advice we recieved the first time. There doesn’t seem to be enough time now for the petition to be processed and for him to get his visa before we are set to leave. I’m also nervous about him entering on the VWP, because I assume he technically shouldn’t be allowed to enter that way knowing we want to get married and settle.

My questions are:

-Can we go to America on June 20th, have him enter under the VWP, and then file the fiancé petition when we get there, then he returns to the UK in order to get his visa...

-Can we file the petition now; go to America on June 20th regardless of whether it’s processed, and have him return to get his visa...

-Or is it a really bad idea to have him enter the country at all once I file the petition?

If he can enter the country (in either case) would it be a bad idea to have him say he wants to stay the full three months allowed (he will have a return ticket)?

-If he is allowed to enter the country for the three months on the VWP and we file the K-1 petition as soon as we get there, does anything happen to his visitor's visa once they recieve the application? Does it look bad that he's still in the country and (hopefully) has a while left before he has to leave?

Questions about the forms:

For the G-325A biographic information form we’re having a bit of trouble deciding what to put as his employment history for the last 5 years. For the last year we have been self-employed doing photography and web design, but for about two years before that he was intermittently receiving benefits and doing odd jobs. We’re not sure we can even remember the correct dates of the jobs he’s had, and we of course really don’t want to mention that he was receiving benefits.

How closely are they likely to check his past employment?

For the four years previous he’s been doing performance art, IT tech support, and other “contract” jobs, but he wasn’t registered as self-employed and he was receiving benefit for part of that time. Are they going to ask for a tax return or be able to see that he was receiving benefits at any time during our application process?

We are getting all of our information on track now. We’ve registered as self-employed and we will file our first tax return within the next few months.

Edited May 15, 2006 by kinab001

[andy28 0]

I lived in Brazil with my fiance and we filed for the K-1 visa living there. We just used my parent's address for them to mail the paperwork.

There's something in the initial I-129 paperwork that says if you live out of the country you can mail it to the USCIS service center of the location where you last lived.

This enabled me to be with my wife until she got her K-1 visa (which took 4 months) and we came back to the states together.

There are many helpful hints on this site and I'd also check out the USCIS.gov site for some clarification.

Good Luck

andy

[gwenneh 7]

You are right, entering on the VWP to settle is illegal and if caught can make your life Hell. He will receive a ban from the US for a period of years. Don't risk it.

-Can we go to America on June 20th, have him enter under the VWP, and then file the fiancé petition when we get there, then he returns to the UK in order to get his visa...

Yes, but you will be apart for the rest of the 4 to 5 month wait while his visa is processed and approved. After you file the petition to apply, that gets approved or denied. Depending on your service center it can take weeks...or it can take months. Then after that-provided you are approved-you begin the process of actually applying for the visa. From the point the application (also known as packet 3) is sent back to the consulate in London to the interview date is about a two month wait. You're looking at a four or five month wait to get a fiance visa if you have an easy case and a fast service center like we did. He will need to be in the UK at least twice, for the medical and for the interview. These are scheduled some weeks apart, usually.

-Can we file the petition now; go to America on June 20th regardless of whether it’s processed, and have him return to get his visa...

You're a student here. Do you maintain a residence in the US? Do your parents live in the US, and do you stay with them when you're not student-ing? If you do, you can indeed file the petition from the UK, using the US address of your permanent residence. Be advised he will have to be in the UK at least twice on dates that are most likely going to be a few weeks apart-once for the medical, and once for the actual interview.

-Or is it a really bad idea to have him enter the country at all once I file the petition?

It can be done. It can be VERY tricky, as you have to be able to solidly prove ties to the UK that show he will return until he is issued a visa for settlement. If he keeps a job, bank account, property (rented or owned)...these things will prove ties to the UK to the officer at the Point of Entry. If he doesn't prove that he has sufficient ties to the UK, he will be put on the next plane back.

If he can enter the country (in either case) would it be a bad idea to have him say he wants to stay the full three months allowed (he will have a return ticket)?

That long of a stay might raise some flags with the POE officer, yes. Not to say it can't be done-but it may look suspicious, and that all depends on the officer. It's at their discretion, and the burden of proof is on your fiance.

-If he is allowed to enter the country for the three months on the VWP and we file the K-1 petition as soon as we get there, does anything happen to his visitor's visa once they recieve the application? Does it look bad that he's still in the country and (hopefully) has a while left before he has to leave?

No, nothing will happen to his ability to use the VWP once the application is filed.

Questions about the forms:

For the G-325A biographic information form we’re having a bit of trouble deciding what to put as his employment history for the last 5 years. For the last year we have been self-employed doing photography and web design, but for about two years before that he was intermittently receiving benefits and doing odd jobs. We’re not sure we can even remember the correct dates of the jobs he’s had, and we of course really don’t want to mention that he was receiving benefits.

They're not as concerned with his employment history as they will be with yours. I would strongly encourage racking your brain or making some calls to refresh yourselves as to the dates, as long gaps might draw the attention of the interviewer.

How closely are they likely to check his past employment?

For the four years previous he’s been doing performance art, IT tech support, and other “contract” jobs, but he wasn’t registered as self-employed and he was receiving benefit for part of that time. Are they going to ask for a tax return or be able to see that he was receiving benefits at any time during our application process?

They'll ask for your tax returns, not his. His financial information isn't on trial, but yours will be. They will be looking to see if YOU meet the guidelines to make sure he doesn't become a public charge. As long as you do that, they're not really concerned about the fact that he was receiving benefits he was entitled to in his home country.

Best of luck!

Edited May 15, 2006 by Gwen666

[antone 0]

-Can we go to America on June 20th, have him enter under the VWP, and then file the fiancé petition when we get there, then he returns to the UK in order to get his visa...

Yes, this is possible.

-Can we file the petition now; go to America on June 20th regardless of whether it’s processed, and have him return to get his visa...

-Or is it a really bad idea to have him enter the country at all once I file the petition?

It's legal, but you would both need to be aware that there's a greater than normal chance that the Immigration officer at the airport will think he is trying to immigrate illegally. He should carry evidence of his intention to return to the UK - perhaps documentation of a mortgage or rental agreement, letter from an employer (if any) stating that he is expected back at work, that sort of thing.

If he can enter the country (in either case) would it be a bad idea to have him say he wants to stay the full three months allowed (he will have a return ticket)?

Maybe, but lying about it would be worse. If asked when he plans to return home he should tell the truth. If he's not asked he doesn't need to volunteer the information.

-If he is allowed to enter the country for the three months on the VWP and we file the K-1 petition as soon as we get there, does anything happen to his visitor's visa once they recieve the application? Does it look bad that he's still in the country and (hopefully) has a while left before he has to leave?

I can't see that this would be an issue. His I94W (the card they staple into his passport) will be stamped with the date by which he needs to leave. Provided he leaves on time it would be fine. I suggest that he plans to return to the UK at least a few days before that date, just in case flight delays, illness or accident push him over the 90 day limit.

Employment: they are not really interested in his employment per se, but certainly don't leave gaps. Just explain "Unemployed", "Student" or whatever is appropriate. He will not be asked for tax documents or proof of his income at any point - although you will be. I think they ask about employment to see if he has done any "red flag" jobs - like working with nuclear bomds, serving in the Syrian armed forces or the like.

[kinab001 0]

Yes, but you will be apart for the rest of the 4 to 5 month wait while his visa is processed and approved. After you file the petition to apply, that gets approved or denied. Depending on your service center it can take weeks...or it can take months. Then after that-provided you are approved-you begin the process of actually applying for the visa. From the point the application (also known as packet 3) is sent back to the consulate in London to the interview date is about a two month wait. You're looking at a four or five month wait to get a fiance visa if you have an easy case and a fast service center like we did. He will need to be in the UK at least twice, for the medical and for the interview. These are scheduled some weeks apart, usually.

(Assuming he enters on the VWP for the full three months...)

If we file the petition as soon as we get to America he will have three months before he must return to the UK. Our service center is currently processing applications recieved on Feb 3rd. So, he would be able to spend 3 months with me while it is processing. In a best case scenario he would have to spend about 2 months in the UK?

You're a student here. Do you maintain a residence in the US? Do your parents live in the US, and do you stay with them when you're not student-ing? If you do, you can indeed file the petition from the UK, using the US address of your permanent residence. Be advised he will have to be in the UK at least twice on dates that are most likely going to be a few weeks apart-once for the medical, and once for the actual interview.

I do have a permanent residence in the US with my parents.

[kinab001 0]

-Can we go to America on June 20th, have him enter under the VWP, and then file the fiancé petition when we get there, then he returns to the UK in order to get his visa...

Yes, this is possible.

Will it look bad if we file VERY soon after arriving in the UK? Will they see this as him entering with the intent to settle?

[gwenneh 7]

Not as long as he is not entering with the intent to settle, they won't-he plans to return to the UK to get the visa, does he not? Then he's not settling.

[meauxna 15]

If you ar not dead-set for getting married in the US, have you been in contact with London USCIS to see if you could file a *spouse* petition with them?

This is casually (not officially) called DCF/Direct Consular Filing. It has a lot of benefits over the K-1 process.

[kinab001 0]

If you ar not dead-set for getting married in the US, have you been in contact with London USCIS to see if you could file a *spouse* petition with them?

This is casually (not officially) called DCF/Direct Consular Filing. It has a lot of benefits over the K-1 process.

I can't do DCF, because to file with the US embassy in London you have to have Indefinate leave to remain, and I only have a student visa.

[meauxna 15]

If you ar not dead-set for getting married in the US, have you been in contact with London USCIS to see if you could file a *spouse* petition with them?

This is casually (not officially) called DCF/Direct Consular Filing. It has a lot of benefits over the K-1 process.

I can't do DCF, because to file with the US embassy in London you have to have Indefinate leave to remain, and I only have a student visa.

My question is if you have contacted them to ask. Don't believe everything you read on websites.

Unless you prefer to not use this expedited method.

edit to add: underscore how long you have been legally living in the UK if you do reach them.

Edited May 15, 2006 by meauxna

[gwenneh 7]

No, you HAVE to have ILR to file for DCF in London. They're very, very clear on that.

[desert_fox 32]

Who ever told you in Atlanta that it takes two months to process a fiancee visa is full of it. Maybe 6 months from filing to the interview in London.

Who ever told you that he has to wait for 11 months for a visa number is full of it. There is no wait for a spouse of a US Citizen. The only delay is processing the paperwork which is probably a little longer than the fiance route.

To file a fiance petition, you will need a US domocile, and US income. If you dont have the income, then you will need a co-sponser. This is true also for a visa based upon marriage.

[kinab001 0]

Who ever told you in Atlanta that it takes two months to process a fiancee visa is full of it. Maybe 6 months from filing to the interview in London.

Who ever told you that he has to wait for 11 months for a visa number is full of it. There is no wait for a spouse of a US Citizen. The only delay is processing the paperwork which is probably a little longer than the fiance route.

To file a fiance petition, you will need a US domocile, and US income. If you dont have the income, then you will need a co-sponser. This is true also for a visa based upon marriage.

I think she meant that it will take two months for the paperwork to reach the embassy. I'm not listening to her since she told me a lot of things that were wrong.

The wait time according to the site linked to here says the Texas service center is processing apps recieved on Feb 3rd '06. So is that just over three months before they even see my paperwork?

[antone 0]

I think she meant that it will take two months for the paperwork to reach the embassy. I'm not listening to her since she told me a lot of things that were wrong.

The wait time according to the site linked to here says the Texas service center is processing apps recieved on Feb 3rd '06. So is that just over three months before they even see my paperwork?

Perhaps, but we're told that in a simple case, actually adjudicating the petition takes hardly any time at all - the delay is caused by the sheer scale of the backlog and lack of resources to deal with it. This is just rumour, I have no official source for it, so take it with whatever amount of salt you please

Timelines are notoriously hard to predict, depending on the nature of the case, staff available to deal, volume of other cases being handled, and the whim of the Overlords of Zog. OK, I made the last one up. Plus, it doesn't help that often the processing times listed on the USCIS sites seem to bear no relation to the rate at which people actually receive their NOA2 (approved petition).