Honest opinions please :)

[MissyPatrick 0]

Hello all!

I'm new to this site and i was hoping for some honest yet hopefully positive views/opinions on my situation.

I'm worried as i don't know much reguarding the fiance visa and it's terms and alot appears as jargon to me when i read about it so i hope to learn more from anyone who knows a bit about it.

My boyfriend is from the U.S and I am from the U.K

We have been together 3years and would love to get married and we have spoken about this. We would also very much like to move to be together in California where he lives.

I have heard my boyfriend would need (once we are engaged) to file for a K-1 visa and if successful we could receive it within a year,is this correct?

Following this we would very much like to get married in California in a small ceremony. Do i need to be living in the U.S before we would be allowed to get married? Is it possible to marry while visiting my boyfriend at the time? (These probably sound like silly questions but i honestly don't know much about this stuff so any help will be gratefully received.)

We would have trouble with affording to rent a place at first together if i am unable to work without a work permit which i think you apply for once in the U.S right? This can take up to 6mnths?

I was wondering if it's possible to come back to the U.K after having got married and to work for the 6 or so months until the work permit arrives then be able to return to the U.S again when it has come through? It would just mean i could make money still while waiting for the permit to come through which would help a great deal but yet again i'm not sure if this is allowed.

I really would appreciate amy help you can offer. I have trouble feeling positive about my boyfriend and I being able to be together in the future and it all seems so complicated. I really need some of your positivity if you have any

Thankyou for taking the time to read and possibly answering too.

[Bobby+Umit 161]

Hello all!

I'm new to this site and i was hoping for some honest yet hopefully positive views/opinions on my situation.

I'm worried as i don't know much reguarding the fiance visa and it's terms and alot appears as jargon to me when i read about it so i hope to learn more from anyone who knows a bit about it.

My boyfriend is from the U.S and I am from the U.K

We have been together 3years and would love to get married and we have spoken about this. We would also very much like to move to be together in California where he lives.

Congrats.

I have heard my boyfriend would need (once we are engaged) to file for a K-1 visa and if successful we could receive it within a year,is this correct?

Even less than a year in most cases.

Following this we would very much like to get married in California in a small ceremony. Do i need to be living in the U.S before we would be allowed to get married?

No, if you come on a K-1, you have to get married within 90 days of entry.

Is it possible to marry while visiting my boyfriend at the time?

No issues coming here to get married, you will, of course should go home when you I-94 is up. (you don't want to intend to come here, get married, then AOS - that could be considered fraud)

(These probably sound like silly questions but i honestly don't know much about this stuff so any help will be gratefully received.)

We would have trouble with affording to rent a place at first together if i am unable to work without a work permit which i think you apply for once in the U.S right? This can take up to 6mnths?

Depends on fast you get the AOS submitted. I had my info back within 2 months or so. If working is an issue, you could get married, then go back home, he can then file for a CR-1, you come back, have green card - work.

I was wondering if it's possible to come back to the U.K after having got married and to work for the 6 or so months until the work permit arrives then be able to return to the U.S again when it has come through?

CR-1 would be needed.

It would just mean i could make money still while waiting for the permit to come through which would help a great deal but yet again i'm not sure if this is allowed.

On the CR-1 - no issues. K-1 - problematic. You would need the AP to travel after marriage - and that takes 90 days after request -

I really would appreciate amy help you can offer. I have trouble feeling positive about my boyfriend and I being able to be together in the future and it all seems so complicated. I really need some of your positivity if you have any

Thankyou for taking the time to read and possibly answering too.

[canadian_wife 1,831]

Certainly not silly questions.

You first must get engaged. Once he files then yes, hopefully in 1 year you will be granted the K-1 visa. When your visa is issued, you have 6 months to enter the US. Once you enter the US, you then have 90 days to get married and apply for your adjustment of status from a non-immigrant to a green card holder. When you apply for your adjustment of status, you also apply for your employment and travel authorization (this takes up to 90 days - not 6 months). You can leave at any time to return to the UK. You, however, cannot re-enter the US unless you have been granted your travel authorization. So your plan of leaving the US to work in the UK won't work because you won't be granted your travel authorization (they will generally be approved at the same time)

If you file for the K-1 and then get married before the process is finished, you will have lost your K-1 application, and fee, and you'll have to apply as a spouse

Good luck, welcome to VJ!

[VanessaTony 3,567]

I have heard my boyfriend would need (once we are engaged) to file for a K-1 visa and if successful we could receive it within a year,is this correct? Time frames vary. Mine took 6 months (I'm from Australia) some are slower, depends on several things. But mostly yes, all things going well it should be less than a year

Following this we would very much like to get married in California in a small ceremony. Do i need to be living in the U.S before we would be allowed to get married? You are allowed to get married whenever you want but it depends on what visa you want Is it possible to marry while visiting my boyfriend at the time? (These probably sound like silly questions but i honestly don't know much about this stuff so any help will be gratefully received.) A k1 visa is a FIANCEE visa. If you get married BEFORE you get the visa you have cancelled your application and you will need to start again with a spouse visa (cr1 is the best)

We would have trouble with affording to rent a place at first together if i am unable to work without a work permit which i think you apply for once in the U.S right? This can take up to 6mnths? When you come over on a K1 you cannot work until you have a GC or EAD. You apply for the EAD at the same time as AOS and it can take about 3 months, sometimes sooner, sometimes less

I was wondering if it's possible to come back to the U.K after having got married and to work for the 6 or so months until the work permit arrives then be able to return to the U.S again when it has come through? It would just mean i could make money still while waiting for the permit to come through which would help a great deal but yet again i'm not sure if this is allowed. No. If you leave before you have your GC you can only do so if you've applied for AOS and have a document called AP (advanced parole). If you leave the country without the AP document you have abandoned your petition and you will need to start from the start again

and especially the one which compares them.

If you are concerned about money, I would get married when you next visit and return home and then apply for a CR-1 visa. You will be able to stay at home in the UK until you get the visa and work, and then when you enter the states you are automatically allowed to work and you get your GC right away. The fiancee visa means you need to wait until after you have been married, then apply for AOS and wait to get your GC or EAD before you can work. That means not working for about 3 months (sometimes more) and your fiance (and eventually husband) supporting you till you can work.

Good luck with your decision.

[MissyPatrick 0]

This is all such a great help,Thankyou everyone!

I have to say i haven't heard about this cr1 visa you speak of so if anyone could explain it to me,that would be great!

Are there terms of marriage with the cr1 visa or do i have to be married by then to apply? I'm a little confused! haha.

Thankyou all so much for your helpful comments.

[Bobby+Umit 161]

This is all such a great help,Thankyou everyone!

I have to say i haven't heard about this cr1 visa you speak of so if anyone could explain it to me,that would be great!

Are there terms of marriage with the cr1 visa or do i have to be married by then to apply? I'm a little confused! haha.

Thankyou all so much for your helpful comments.

will step you through all the choices open for you!

(the link above)

Yes - you have to be married before filing for the CR-1 - all explained in the guides...

[Kathryn41 3,205]

The CR-1 is a spousal visa. You have to be married already in order to apply for it. The advantages are that you enter the US as a permanent resident. You get the green card (proof of permanent residency) shortly after you cross the border. You are eligible to work right away and travel right away. The disadvantages are that you have to be married first before you can start the process and you are living apart until the process is completed which is approximately 1 year.

The K-1 is a fiancee visa. You are not allowed to marry until the process is complete and you need to marry in the US within 90 of entering the US using the K-1 visa. The advantages are you don't need to wait until you are married to start the process so you get to the US faster. The disadvantages are that when you arrive in the US you have to get married within 90 days; you are living apart during the process which can take betweeen 6 months to a year; when you arrive in the US you only have legal status for 90 days. Once you marry you have to apply for permission to remain in the US - getting the green card by applying to adjust status from a non-immigrant fiancee to a permanent resident; permission to work while waiting for the green card (Employment authorization) and permission to leave and return to the US (Advance Parole travel document).

The K-1 is the best route to take if your priority is to be together as soon as you can. You will generally be able to work within 90 days of applying for the green card so your ability to work will be dependent on how fast you get married after arrival and how soon you apply for the green card.

An important consideration for both of these visas is that the US citizen must complete an Affidavit of Support that proves he meets 125% of the poverty level for a household of your size (ie the two of you and any dependent children). So, if money if a concern you should look at this now and make sure he meets this criteria or can arrange for a US citizen who does who will act as a guarantor and co-sponsor for you.

It will sound very confusing right now, but the best thing the two of you can do is to read over the guides about both of these processes and decide which one is the best 'fit' for you and your circumstances. Don't hesitate to ask questions here either.

[Nik+Heather 122]

Our experience with the visa part of the K-1 process was very smooth. London has clear requirements, and there's very little second guessing involved.

The AOS process, however, has been a headache for us (and others).

If we were doing it all over again, I would seriously have considered going the CR-1 route - visa and green card all in one step. It's much cheaper too!

[Filipina Lover 1]

Hello all!

I'm new to this site and i was hoping for some honest yet hopefully positive views/opinions on my situation.

I'm worried as i don't know much reguarding the fiance visa and it's terms and alot appears as jargon to me when i read about it so i hope to learn more from anyone who knows a bit about it.

My boyfriend is from the U.S and I am from the U.K

We have been together 3years and would love to get married and we have spoken about this. We would also very much like to move to be together in California where he lives.

I have heard my boyfriend would need (once we are engaged) to file for a K-1 visa and if successful we could receive it within a year,is this correct?

Following this we would very much like to get married in California in a small ceremony. Do i need to be living in the U.S before we would be allowed to get married? Is it possible to marry while visiting my boyfriend at the time? (These probably sound like silly questions but i honestly don't know much about this stuff so any help will be gratefully received.)

We would have trouble with affording to rent a place at first together if i am unable to work without a work permit which i think you apply for once in the U.S right? This can take up to 6mnths?

I was wondering if it's possible to come back to the U.K after having got married and to work for the 6 or so months until the work permit arrives then be able to return to the U.S again when it has come through? It would just mean i could make money still while waiting for the permit to come through which would help a great deal but yet again i'm not sure if this is allowed.

I really would appreciate amy help you can offer. I have trouble feeling positive about my boyfriend and I being able to be together in the future and it all seems so complicated. I really need some of your positivity if you have any

Thankyou for taking the time to read and possibly answering too.

Once you send in the I-129F form, usually you are going to have that visa in about 5 months. I've done this 3 times and all 3 times, it only has taken 5 months

If you want to marry him now in the US you can, but then you won't file K1, you will file another one, I think K3

If you want to travel outside the US after you get married, you can, but you have to ask for the travel permission and pay the fee. I don't know how long you are allowed to stay outside the USA with that permission, and don't forget you will have to do some immigration stuff during that 2 to 3 months of waiting for the AOS interview

You can work once you get the SS# after about 2 to 2 1/2 weeks after you get to the USA, you need the I-94 that they will give you on the airplane and the SS card. But print this out in case some employer says you need the EAD card https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 but get married quick and send in the AOS and apply for that EAD card as soon as possible, that can take 3 months, and you can only work 90 days from the day you entered.

I don't know about what cities require for their marriage license, I would think you wouldn't have to live there for any certain amount of time, 1 day is probably ok, but I don't know. I only know that you can go to Lake Tahoe or Las Vegas and get married the same day, it's very quick and easy, not like other places.

[mrs. wife! 3]

If you have the option, get married in your next visit to the US, leave before your I-94 expires and file for CR1.

[TracyTN 237]

I have heard my boyfriend would need (once we are engaged) to file for a K-1 visa and if successful we could receive it within a year,is this correct?

Just to be picky, your fiance will not be 'filing' for a K1 visa. He'll be submitting an I 129f petition which, when approved, will allow you to apply for a K1 visa at the consulate in London.

Sometimes understanding the exact terminology is a huge help in this process.

*edited for typo*

Edited January 21, 2010 by TracyTN

[leith@Ievgeniia 8]

it seems to me that a cr1 might be your best choice, you can marry stay in uk work and when process is over you will enter the usa and work as soon as you wish.

just like all of us time appart is the hard part, married or engaged both are not easy.

just a though what if your partner moves to uk and marries there and you 2 live there? for a while to build capital and then return?

sometimes thinking outside of the box works also.

anyway CONGRATS!!!! IT IS TIME OF JOY NOW!!!

good luck and do not be stranger on the forum

:dance:

[Donald-n-Analyn 6]

it seems to me that a cr1 might be your best choice, you can marry stay in uk work and when process is over you will enter the usa and work as soon as you wish.

just like all of us time appart is the hard part, married or engaged both are not easy.

just a though what if your partner moves to uk and marries there and you 2 live there? for a while to build capital and then return?

sometimes thinking outside of the box works also.

anyway CONGRATS!!!! IT IS TIME OF JOY NOW!!!

good luck and do not be stranger on the forum

:dance:

I have to agree with this for another reason. Since finances are going to be an issue by your own admission, you would probably have trouble with the expense of the K-1 route. After spending the approximately $700-800 USD for the I-129F application, medical, visa application, and other fees, you would then need to have another $1,000 shortly after marriage to apply for adjustment of status.

The CR-1 is cheaper, and easier in the long run. Come here on a tourist visa (VWP), and get married. Be sure to return before your I-94 expires. Once you are home, your husband can apply for the CR-1 visa. The processing times are not so bad anymore.

Good luck!

[Nik+Heather 122]

I have to agree with this for another reason. Since finances are going to be an issue by your own admission, you would probably have trouble with the expense of the K-1 route. After spending the approximately $700-800 USD for the I-129F application, medical, visa application, and other fees, you would then need to have another $1,000 shortly after marriage to apply for adjustment of status.

The CR-1 is cheaper, and easier in the long run. Come here on a tourist visa (VWP), and get married. Be sure to return before your I-94 expires. Once you are home, your husband can apply for the CR-1 visa. The processing times are not so bad anymore.

Good luck!

She can visit for 90 days. Get married in the first week, Get the I-130 petition off, wait out a good portion of the petition processing, and then go home to finish up the visa. She doesn't have to leave the country before they send off the petition.

[*Snowdrop* 604]

She can visit for 90 days. Get married in the first week, Get the I-130 petition off, wait out a good portion of the petition processing, and then go home to finish up the visa. She doesn't have to leave the country before they send off the petition.

However - she couldn't work while there as a visitor and I think money is an issue for a long term stay so she might want to go back relatively quickly to get back to her job in the UK.