I just need some advice

[kevleigh 0]

Kevin and I met in Jan. 2010. Met for the first time in Oct. 2011. In Dec. 2011 he came back to the US and proposed. and came back a 3rd time in May. Unfortunately while my divorce went through with ease he isn't having the same luck. We've now been apart for nearly 6 months while he's fighting it out with a woman he's be separated from for over 5 years simply because she thinks she can get money out of him. He has decide to just give her whatever it is she thinks she wants and hopefully in doing so it will finally be over. Assuming that it is i'm trying to figure out our next step should be.

We want to be married as soon as possible to get our life started. I'm assuming him coming back and us marrying and just applying for an adjustment of status wouldn't be a good idea. The idea of him coming back only to have to leave again is almost to much to bear. So our other 2 options are to continue living apart as we are filing for the k1 and waiting that out with maybe a visit. OR he comes back and we get married and file for the K3. I'm just wondering what anyone else's thoughts are about all of this.

I realize this entire journey is a waiting game but neither of us expected this extra 6 plus months of nothing happening and it's killing us to be apart.

Thanks for any advice or suggestion you all may have.

[Pitaya 2,577]

Get the prior marital issues resolved prior to attempting any visa applications, both of you need to be "eligible for marriage." Get copies of the certified divorce decree from the appropriate agency (i.e, state board of health/vial statistics, etc.) Review the Guides to determine which visa process will work for you, K1 or CR1/IR1, K3s are going by the wayside.

Good luck,

YMMV.

[Darnell 8,478]

regardless of the path ahead of you - it starts with BOTH of you being free to marry. IMO, concentrate on THAT, first.

[aaron2020 11,651]

Kevin and I met in Jan. 2010. Met for the first time in Oct. 2011. In Dec. 2011 he came back to the US and proposed. and came back a 3rd time in May. Unfortunately while my divorce went through with ease he isn't having the same luck. We've now been apart for nearly 6 months while he's fighting it out with a woman he's be separated from for over 5 years simply because she thinks she can get money out of him. He has decide to just give her whatever it is she thinks she wants and hopefully in doing so it will finally be over. Assuming that it is i'm trying to figure out our next step should be.

We want to be married as soon as possible to get our life started. I'm assuming him coming back and us marrying and just applying for an adjustment of status wouldn't be a good idea. The idea of him coming back only to have to leave again is almost to much to bear. So our other 2 options are to continue living apart as we are filing for the k1 and waiting that out with maybe a visit. OR he comes back and we get married and file for the K3. I'm just wondering what anyone else's thoughts are about all of this.

I realize this entire journey is a waiting game but neither of us expected this extra 6 plus months of nothing happening and it's killing us to be apart.

Thanks for any advice or suggestion you all may have.

Not a good idea because it is illegal to enter the US on the VWP or a non-immigration visa with the intent to immigrate (adjust his status to permanent citizen).

You can file for him as your fiancee or your spouse depending on your preference. Don't go the K3 route - the CR-1 is better.

Several UK/US couples have reported successfully entering the US on the VWP while there was an ongoing petition. Just make sure he maintain his ties to the UK on his visits.

Edited January 23, 2012 by aaron2020