Few questions. Kinda long story.

[Basics 0]

Hi there. I'm a US citizen, and I met my gf in the UK 20 months ago. My mother lives there with her husband. I tried to get a family visa and that was next to impossible. I went there on a visitors visa and applied 4 different times over 2 years. I just got removed from the UK last week and I'm going to have a hard time going back. They have put a ban on me that the only way I know to get around it is to get married to her. Only problem is that they will not give you a spouse visa unless both parties are over 21. There is a big fight trying to get the 21 law changed back to 18, and its been in the UK Supreme Court twice in 6 months, with another judgement pending. Were hoping that they change it back to 18, but I still would like to figure out how to bring her here if it doesn't get changed.

So I'm wondering whats the cheapest and easiest way to bring her here? Is it really a 5 month wait for a fiancee or spouse visa? I cant go there to get married, so I assume that we would have to get married here, or in some other country?

So I don't know if it would just be easier to bring her here on a fiancee visa and then et married and then apply for a spouse visa here?

Can we bring here here on a visitors visa to get married, then she can go home and we can apply for the spouse visa?

Also does any one have approximate totals for time/money of the different options?

Any help would be greatly appreciated.

Thanks for your time.

[EAbbas 213]

two options are available to you

• K1 fiance visa and marry her once she is here or
  
• visitor visa get married she go back home and apply cr1
  

if your plans are to bring her here on tourist visa marry her and she stay and adjust status that constitutes fraud (as your intentions were at that time to immigrate) and consequences can be life time ban for that. However if she comes as a tourist to stay and visit and while she is here you decide at that time to get married then she entered with the intention of not staying but returning and that would be different.

Edited July 10, 2011 by EAbbas

[Basics 0]

Thanks for the info. Yeah I was looking for if she could just come on a VWP and we could get married and she could go back and them we could apply for cr1. I don't want her to over stay. It caused me a world of problems in the UK. I cant believe it takes 5 months. My mother got married to her husband here, in the states, and was moved over there living with him in like a couple of weeks. I think they paid some extra money to get some one to go to the UK embassy in LA and it sped up the process or something. IS there anything like that here?

Also say we have her come over on a VWP, we get married and she goes back and we apply for cr1(I assume thats the better one out of the two marriage options?), she can still come over for visits on a VWP until the spouse visa is complete?

[EAbbas 213]

Thanks for the info. Yeah I was looking for if she could just come on a VWP and we could get married and she could go back and them we could apply for cr1. I don't want her to over stay. It caused me a world of problems in the UK. I cant believe it takes 5 months. My mother got married to her husband here, in the states, and was moved over there living with him in like a couple of weeks. I think they paid some extra money to get some one to go to the UK embassy in LA and it sped up the process or something. IS there anything like that here?

Also say we have her come over on a VWP, we get married and she goes back and we apply for cr1(I assume thats the better one out of the two marriage options?), she can still come over for visits on a VWP until the spouse visa is complete?

There isnt' any option like that here. We were married in OCt and filed in november and finally got to the interview stage by mid june. Still awaiting the ap that goes with his country to get the visa. It shouldn't take so long for you.

Cr1 is the one that is best. You file and once approved and arrives they come over and get stamped for conditional resident...get the SSN and other items within a few weeks. No need to adjust until 1yr 9 months after arrival..then they get the 10 yr green card.

The k3 is almost dead and its more expensive and there is the adjustment time 3 months after arrival for another huge fee.

Not sure about the visiting but im sure it would be a little difficult as you would have to prove she isnt intending to stay and they will know she is already applying for immigration visa.

It wont really take that long for your country to complete your process....

good luck

[Penguin_ie 6,005]

Just as a warning, it takes a lot longer than 5 months. 5 months is just the first part, the petition you file as the US citizen. Then she will need to apply for the actual visa, do a medical and interview at the US embassy in London; this adds another 5+ months (London is backlogged for interviews right now), so the whole process will take somewhere between 9 months and a year.

[KLS2010 30]

The 5mths that you are quoting is only the goal processing time for USCIS to approve the initial K1 or IR-1/CR-1 petition. Depending on which one you do, there is additional processing time at the NVC (National Visa Centre) and the embassy in your fiancee/spouse's country.

We filed our I-130 petition in December, and are only now at the stage of waiting for the NVC to schedule me an interview at the consulate here. I have a couple of friends that are from the UK and are on much the same timeline as me, give or take a month or so. Of course, your case may take more or less time to complete.

As to having your partner come to the US on VWP and get married and then go home and file the I-130 - this is perfectly fine, and is what my husband and I did. Just as long as she doesn't come and get married with the intent of staying, you shouldn't have any problems there.

If you do get married in the US, and then your partner then wishes to visit you in the US at a later date, she should be able to. I have three friends (again..the two from the UK and one from Poland) who have all visited their spouses in the US while they have petitions pending and had no problems at POE. It would still be advisable to take any proof of ties to home though.

Good luck with whatever road you choose!

[Basics 0]

Well thanks everyone for the info. I really appreciate it. Its crazy that it takes so long. By time we finally would get here her legally, we would be able to get married and apply for a uk spouse visa. We only have to wait 18 months to apply for that as the law stands. But then the law that is making us wait till she is 21 is being appealed in the uk supreme court, and we are awaiting a decision on that. Sounds like her coming her and getting married is the number one step right now cause we need to do that either way we decide to go.

[Basics 0]

Also whats the difference between the cr1 and the ir1?

Also whats cheaper in the end if we are going to get married, the fiancee visa or a spouse visa?

Thanks.

[EAbbas 213]

Also whats the difference between the cr1 and the ir1?

Also whats cheaper in the end if we are going to get married, the fiancee visa or a spouse visa?

Thanks.

IDK about the cost diff between k1 and cr1 but i do know that the diff between cr1 and ir1 is the length of marriage. cr1 is for those married less than 2 yrs and come into us getting a two yr conditional green card and adjusting status/removing conditions before that time is up.

Ir1 is for those married over two years and come into the US with a 10yr green card without having to adjust status/remove conditions until 10 yrs.

[Penguin_ie 6,005]

IR-1 is the visa for people married longer than 2 years, it leads to a ten year greencard upon entry. CR-1 is for those married less than two years, it means that after living in the USA for two years she'll need to remove conditions (ROC). The spousal visa is cheaper than the fiance visa, and it means once she comes here, she'll get an immediate greencard upon entry (ie can work etc).

[Basics 0]

Thank you both so much