K1 visa not filed, but wedding soon??

[Lavendar 0]

I was told that my UK fiance can come to the US under Visa Waiver program and get married. After we get married, we can apply for AOS and he would be able to stay in the US during the process.

So we went ahead and started all the wedding planning process... booked dates and paid deposits for everything already. Wedding at the end of October.

Now I find out that yes, we can get married, yes we can apply for AOS afterwards, but NO, he cannot stay and will have to leave!!!!

So now it is end of May... wedding in end of October, which is only 5 months away. Current processing time shows 5 months as well.

What do I do?? Will I have time to still apply for K1 Visa? If it does not get approved in time, will getting the marriage certificate beforehand nullify the K1 Visa application?

Or can we still hold the wedding ceremony and just ask not to have a wedding certificate issued yet and wait until K1 comes through? And then start the AOS process?

Anyone know what is the best way to go about this now? Should I still apply for the K1 Visa? Or let him leave the US and do a K3 Visa after the marriage?

Is it true once K3 visa process starts, he cannot enter the US?

Edited May 28, 2011 by Lavendar

[Lavendar 0]

He's bought plane tickets to come to USA in mid September so there is 1.5 months that we can get ready for the wedding ceremony & reception. So obviously he will enter under visa waiver program at the time of entry...

Or can he not even enter the USA while the K1 Visa is being processed??

[Ryan H 3,790]

5 months is the posted time from NOA1 to NOA2 from USCIS. Then the file would be transferred to the Embassy in London for an interview. I don't think it is likely a K1 visa would be issued by the end of October in time for your planned wedding.

Your only option appears to be this, he comes over on the VWP, you two get married, he returns to the UK before his authorized stay expires. You then file the I-130 for a CR-1. When he returns on a CR-1, he will be issued a green card upon arrival. AOS is not required when a spouse enters on a CR-1 visa.

[Boiler 43,434]

Your problem is that the VWP is for tourist and business, not those seeking to immigrate.

One of the things that you get asked is the purpose of your visit, answering to get married and stay produces unhappy consequences.

Filing for AoS presumes he is staying.

[Nicoco 26]

5 months is the posted time from NOA1 to NOA2 from USCIS. Then the file would be transferred to the Embassy in London for an interview. I don't think it is likely a K1 visa would be issued by the end of October in time for your planned wedding.

Your only option appears to be this, he comes over on the VWP, you two get married, he returns to the UK before his authorized stay expires. You then file the I-130 for a CR-1. When he returns on a CR-1, he will be issued a green card upon arrival. AOS is not required when a spouse enters on a CR-1 visa.

For a CR-1 Visa, would he have to go back??

[Ryan H 3,790]

For a CR-1 Visa, would he have to go back??

He would have to return to the UK before is authorized stay expires. The I-130 is filed after they get married.

[Nicoco 26]

Either way I guess there is a wait...

[Lavendar 0]

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

[Darnell 8,478]

But i've heard it takes 7 years or so for i-130 to be approved!!!! from whom ?

[Helen Louise Pile 80]

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

I don't know where you've been getting your information. You have to research it yourself, not go on hearsay.

You need to spend some time reading the step by step guides here on VJ and research the USCIS website.

USCIS "Find it fast" search engine: http://www.uscis.gov/portal/site/uscis

Guides on VJ: http://www.visajourney.com/content/guides

Processing times: http://www.visajourney.com/content/times

And asking questions here is a good way to get specific information.

At this point you have to decide whether to postpone your wedding and do a K1, or have your wedding and he will leave and apply for Spousal visa. A decision many of us have had to make

Best of luck!

Visa Journey is a great resource!

Helen

(PS-Why would you apply for a UK residence card if you are going to live in the US?)

Edited May 28, 2011 by Helen Louise Pile

[Ryan H 3,790]

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

You have gotten some bad information. The posted time by USCIS from NOA1 to NOA2 is 5 months for an I-130. He does not file the I-130, you do. The I-130 is a petition that a USC files that once approved, allows their relative to apply for a visa.

The 7 year number you have heard about may have to do with people petitioning family members. In that instance, USCIS approves an I-130 in 5 months and sends it to the NVC. The NVC will then hold the petition until a visa number becomes available which can take some time.

In your case, a visa for a spouse is always available. Your sequence of events would go something like this after your wedding and he returns to the UK:

• You file the I-130
  
• USCIS approves it in 5 months (posted time)
  
• Petition is sent to NVC
  
• NVC processes it and sends it Embassy in London
  
• Your husband will then have a medical examination and interview
  
• Embassy issues visa
  
• You husband returns to the US, issued green card in form of I-551 stamp in passport
  
• actual green card sent in mail a short time later
  

Read through the links Helen posted for comprehensive information.

[Gosia & Tito 199]

I was told that my UK fiance can come to the US under Visa Waiver program and get married. After we get married, we can apply for AOS and he would be able to stay in the US during the process.

So we went ahead and started all the wedding planning process... booked dates and paid deposits for everything already. Wedding at the end of October.

Now I find out that yes, we can get married, yes we can apply for AOS afterwards, but NO, he cannot stay and will have to leave!!!!

So now it is end of May... wedding in end of October, which is only 5 months away. Current processing time shows 5 months as well.

What do I do?? Will I have time to still apply for K1 Visa? If it does not get approved in time, will getting the marriage certificate beforehand nullify the K1 Visa application?

Or can we still hold the wedding ceremony and just ask not to have a wedding certificate issued yet and wait until K1 comes through? And then start the AOS process?

Anyone know what is the best way to go about this now? Should I still apply for the K1 Visa? Or let him leave the US and do a K3 Visa after the marriage?

Is it true once K3 visa process starts, he cannot enter the US?

And note that if you were to file a K-1 and because of timing you end up married before the K-1 is issued, then this would be a problem, because you are then "not eligible" to marry (even though you have married the person in the K-1!). You would need to withdrawn the K-1 and start the I-130.

[KayDeeCee 4,891]

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

Spousal visas definitely do not take 7 years to acquire.

He CAN enter the US to visit you while the I-130 is pending, but he would need to show strong ties to the UK to prove he will not be staying when he enters, and that it is truly just a visit.

Not sure why you would file to move to the UK if you file for him to come live with you in the US.

[Rushton50 10]

So I guess because of the huge goof up of not filing for a K1 visa....

The best thing to do now is still carry on with wedding plans and then file for i-130 afterwards, and just be apart even longer...

But i've heard it takes 7 years or so for i-130 to be approved!!!! is it true he cannot enter the US while i-130 is being processed?

At the same time while he's applying for i-130, can I ask him to apply for a UK residence card for me as well?

Ok this is straight from the hip, but our motto is hav a back up plan, that orn in mind....

Yes can enter under vwp to marry, no can not adjust status, they are getting harder on this and if you proceed, well it could be devistating.

Your plan to get married is valid and good provided they are not refused entry to the U.S on arrival this is where you need to have a back up plan in place, in your case it would be the K1 visa route usually less waiting time, but on arrival they can be waiting a few months to work, but this may have changed since we last researched.

The CR1 on acceptance will allow them to work from day 1 of entering the US, but the drawback is that waiting to get it takes longer.

Dont go down the K3 route, its being phased out and just complicates issues.....either file I-130 or the I-129f you may still visit each other during th process, but will need patience and wait!

In essence, but as said, research here, read the posts, but dont go by specific cases as each are different and what worked for them may no work for you

[Justine+David 218]

If you want to keep your wedding date with all the plans, why not have him come over for that, enjoy the 90 days together, and file for a CR1. You can file for the CR1 as soon as you are married and have the documents in order (which you can start to prepare in advance) so that he can do a bit of the waiting in the U.S. with you. Once issued, the CR1 will allow him upon U.S. entry to immediately work and travel as a permanent resident. Current waiting time for CR1s is about 8-10 months.

You cannot file for a K1 if you are already married. You can marry in the U.S. as long as he is not intending to adjust status on VWP. Do a search about showing ties to the UK so that the border officer will allow him entry. Good luck!

Edited May 28, 2011 by Justine+David