Spouse visa process

[JemRowe 0]

This is soo stressful!

I have read all pro's and con's of K1, DCF CR1 and just CR1.

My situation; my fiancee and I are engaged, she HAS NOT been in UK for 6 months yet and REALLY NEEDS to go back to US for work;

(Primary goal during process; to be physically next to her)

Should we get married in UK; and eventually (after a few more months) apply for DCF-CR1

Should we go to US together with me on K1 visa and get married within a couple of weeks

Should I just do CR1 (no DCF route)

I know the various adv's and disadv's BUT just want to know best route, so that I can be physically next to her for as much as possible (keeping in mind she NEEDS to go back to US for work)

Thank you

[Roosha 51]

Since she's not a resident in the UK you won't be able to do the DCF route so your only choices are K1 or CR1. I'd do CR1, it will take about 6-8 months from filing the petition to completion but you'll have a green card immediately on entering the US and you'll be able to work immediately. K1 you'll need to file more paperwork and life conditions and whatnot.

BUT, and this is where I'm not sure, I think you can enter the states through the Visa Waiver Program during the petition process and be able to be with her. There are restrictions to that though, you'll have to look them on the state dept website.

Edited November 27, 2012 by Roosha

[JemRowe 0]

Yes, get married and file for the CR1 visa in London. You can travel to visit but you will not be able to move to the US until your visa is approved. If you do go to visit you will need to take evidence of strong ties to the UK as the fact that you are married to a USC will make it appear likely to CBP that you will stay.

This is soo stressful!

I have read all pro's and con's of K1, DCF CR1 and just CR1.

My situation; my fiancee and I are engaged, she HAS NOT been in UK for 6 months yet and REALLY NEEDS to go back to US for work;

(Primary goal during process; to be physically next to her)

Should we get married in UK; and eventually (after a few more months) apply for DCF-CR1

Should we go to US together with me on K1 visa and get married within a couple of weeks

Should I just do CR1 (no DCF route)

I know the various adv's and disadv's BUT just want to know best route, so that I can be physically next to her for as much as possible (keeping in mind she NEEDS to go back to US for work)

Thank you

[NikLR 13,234]

The hardest part of this entire process is that we are not physically next to the person we love, more often than not.

You're asking us for timelines we cannot give you and questions we cannot answer. We cannot tell you if the border crossing/customs agent will let you through to stay with your girlfriend or wife. We cannot tell you how long everything will take exactly. We can only tell you things that are set in stone. For example - your girlfriend needs to be in the UK for at least 6 months to do DCF. This means she needs to have residency there. If she is a UK citizen why can't she find work there? Even if it's temporary until the DCF has gone through? No we can't say exactly how long it will take the DCF to be processed, but we can give you an approximate timeline. But she needs to be there for 6 months or else you have to file either a K1 or a CR1 visa.

You will have to look into the visa waiver program to see if you will be able to visit her while the K1 or CR1 is being processed, but that is still not a guarantee you will be allowed to enter US soil. That is completely dependent on the border crossing/customs agent. You could ever every duck in a row and they could say "No, turn around and go home."

Please understand that everyone is trying to help you, but you're asking questions that cannot be assured an answer. You two will have to spend the time to figure it out yourselves and decide what is best for you as a couple. Everyday I spend away from my husband is very hard. No one can do anything to speed up this process. If he lived closer, like driving distance, maybe it would be easier, but that is not the case. We had to decide what was best for us, best for our future together, and also what would work for my daughter who is staying in Canada with her father. We can provide better for her, with my husband's job that he has right now than waiting for him to do Canada immigration, 4 years of schooling, and then find a job as good as his right now. During most of which we would not be staying in my current city, so we'd still, at best, see her every second weekend. She'd be going to college by the time we had our lives together. If you think leaving your girlfriend is hard... Try doing a process to be with your love, knowing you're leaving your only child behind because she gets a choice in her life too.

Okay off topic and I'm crying but that's the way life goes sometimes. I wish we could tell you "This is the route for you" but they all have ups, downs and choices to make. Make them for you two and your future together.

[JemRowe 0]

Since she's not a resident in the UK you won't be able to do the DCF route so your only choices are K1 or CR1. I'd do CR1, it will take about 6-8 months from filing the petition to completion but you'll have a green card immediately on entering the US and you'll be able to work immediately. K1 you'll need to file more paperwork and life conditions and whatnot.

BUT, and this is where I'm not sure, I think you can enter the states through the Visa Waiver Program during the petition process and be able to be with her. There are restrictions to that though, you'll have to look them on the state dept website.

"Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US." And I can be with her through this process, doesnt that make more sense as CR1; "The (CR1) applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

[N-o-l-a 7,168]

"Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US." And I can be with her through this process, doesnt that make more sense as CR1; "The (CR1) applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

You can not legally stay in the US else than the 90 day VWP after you file a I-129F for the K1. Please read the guides again. Once in the US, after the visa is approved (count on a minimum of 8 months) and after you are married then you can file for the EAD and SS #. Count on at least 3 months in the US after entry without being able to work. With a CR1 visa you can work about 2 weeks after entry.

[NikLR 13,234]

I think what you're not understanding is what many of us visit spouses while the CR1 is being processed. Also it perhaps takes few more months (and may currently be a great deal quicker actually) to obtain a CR1 visa vs a K1 visa. You are not instantly approved for a K1 visa. Your fiancee would still have to petition you. That can take up to 8 months but is generally 5-7. So unless you use the VWP (google Visa Waiver Program please) and stay for up to 3 months at a time, you will be apart during that time. I am not sure if you are even allowed to VWP during a K1 visa. You'd have to look that up and inquire on the K1 board? Unless someone else answers it here. After the petition is approved and your interview is approved you get a 1 time use visa stamp. You come to the USA, get married within 3 months and adjust your status (2-3 months) and apply for SSN and EAD (another 2-3 months as far as I understand it... someone may give you a better timeline.) You cannot work until all of it is completed. Your fiancee and then wife has to support you the entire time unless you have savings in which to help out with bills.

CR1 is process takes 8-10 months. You can VWP and visit for up to 3 months at a time or try for a tourist visa BEFORE you get married and then you'll also have that which may allow for longer visits but may not. Once you move to the USA you get your SSN within a few weeks and you can work to help your wife out with bills.

Right now the I-130 petitions are being approved in less than 90 days. That could change of course but that is FASTER than a K1 visa at the moment. That is also only the USCIS stage but the NVC stage can go quite quickly if you're prepared.

DCF for the UK looks to be taking about 100-200 days. So 3-6 months.

Edited November 27, 2012 by NikiR

[JemRowe 0]

The hardest part of this entire process is that we are not physically next to the person we love, more often than not.

You're asking us for timelines we cannot give you and questions we cannot answer. We cannot tell you if the border crossing/customs agent will let you through to stay with your girlfriend or wife. We cannot tell you how long everything will take exactly. We can only tell you things that are set in stone. For example - your girlfriend needs to be in the UK for at least 6 months to do DCF. This means she needs to have residency there. If she is a UK citizen why can't she find work there? Even if it's temporary until the DCF has gone through? No we can't say exactly how long it will take the DCF to be processed, but we can give you an approximate timeline. But she needs to be there for 6 months or else you have to file either a K1 or a CR1 visa.

You will have to look into the visa waiver program to see if you will be able to visit her while the K1 or CR1 is being processed, but that is still not a guarantee you will be allowed to enter US soil. That is completely dependent on the border crossing/customs agent. You could ever every duck in a row and they could say "No, turn around and go home."

Please understand that everyone is trying to help you, but you're asking questions that cannot be assured an answer. You two will have to spend the time to figure it out yourselves and decide what is best for you as a couple. Everyday I spend away from my husband is very hard. No one can do anything to speed up this process. If he lived closer, like driving distance, maybe it would be easier, but that is not the case. We had to decide what was best for us, best for our future together, and also what would work for my daughter who is staying in Canada with her father. We can provide better for her, with my husband's job that he has right now than waiting for him to do Canada immigration, 4 years of schooling, and then find a job as good as his right now. During most of which we would not be staying in my current city, so we'd still, at best, see her every second weekend. She'd be going to college by the time we had our lives together. If you think leaving your girlfriend is hard... Try doing a process to be with your love, knowing you're leaving your only child behind because she gets a choice in her life too.

Okay off topic and I'm crying but that's the way life goes sometimes. I wish we could tell you "This is the route for you" but they all have ups, downs and choices to make. Make them for you two and your future together.

Thank you for your thoughtful words

[JemRowe 0]

I think what you're not understanding is what many of us visit spouses while the CR1 is being processed. Also it perhaps takes few more months (and may currently be a great deal quicker actually) to obtain a CR1 visa vs a K1 visa. You are not instantly approved for a K1 visa. Your fiancee would still have to petition you. That can take up to 8 months but is generally 5-7. So unless you use the VWP (google Visa Waiver Program please) and stay for up to 3 months at a time, you will be apart during that time. I am not sure if you are even allowed to VWP during a K1 visa. You'd have to look that up and inquire on the K1 board? Unless someone else answers it here. After the petition is approved and your interview is approved you get a 1 time use visa stamp. You come to the USA, get married within 3 months and adjust your status (2-3 months) and apply for SSN and EAD (another 2-3 months as far as I understand it... someone may give you a better timeline.) You cannot work until all of it is completed. Your fiancee and then wife has to support you the entire time unless you have savings in which to help out with bills.

CR1 is process takes 8-10 months. You can VWP and visit for up to 3 months at a time or try for a tourist visa BEFORE you get married and then you'll also have that which may allow for longer visits but may not. Once you move to the USA you get your SSN within a few weeks and you can work to help your wife out with bills.

Right now the I-130 petitions are being approved in less than 90 days. That could change of course but that is FASTER than a K1 visa at the moment. That is also only the USCIS stage but the NVC stage can go quite quickly if you're prepared.

DCF for the UK looks to be taking about 100-200 days. So 3-6 months.

Sorry but I still think K1 is better (in regards to being physically with her) as USCIS states ; "After the Fiancé(e) Visa is Issued; Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

I respect your situation and know yours is more difficult

[Darnell 8,479]

you weren't looking to work, in the USA after arrival, right?

That's a big problem with K-1 visa holders - they can't work until AFTER the AOS packet is filed,

having either EAD or GreenCard in hand.

Seriously, rethink a calendar about DCF, todayish.

"Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US." And I can be with her through this process, doesnt that make more sense as CR1; "The (CR1) applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

aha ! Now I understand the mis-track here.

Yer from a vwp country, so mostly, not being able to enter whilst a visa is processed, won't apply to you.

[NikLR 13,234]

Sorry but I still think K1 is better (in regards to being physically with her) as USCIS states ; "After the Fiancé(e) Visa is Issued; Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

I respect your situation and know yours is more difficult

If living with your wife, after you're married is the most important thing to you, then the K1 visa is the way you should go. Just remember the time it takes to get the K1 visa approval. 5-7 months is the norm. She still petitions for you, and you still have to interview. You can visit (I think) during that time, but only up to 3 months at a time as per the VWP guidelines. But allowance into the USA is still up to the discretion of the customs officer.

http://travel.state....types_2994.html

Also information on the Visa Waiver Program:

http://travel.state....thout_1990.html

Edited November 27, 2012 by NikiR

[N-o-l-a 7,168]

Sorry but I still think K1 is better (in regards to being physically with her) as USCIS states ; "After the Fiancé(e) Visa is Issued; Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

I respect your situation and know yours is more difficult

It is absolutely no different in terms of you visiting before the visa is approved.

Our I-129F took 6 months to approve and would have taken at least another 3 months to get visa in hand. It would have been 9 months apart (save VWP visits).

The I-130s filed now are taking 3 months or so plus 3 months to get a visa, so 6 months apart and again you can use the VWP to visit.

I am really failing to see how you think a K1 is superior unless you aren't ready to get married right now or something. It will be 8-9 months before you can even marry or move to America with the K1. You will then have to sit around the house for several months and wait to work or do much of anything else.

With the CR1 you are in America in 6-7 months and are a greencard holder right away and can work as soon as your SS card comes in the mail or you go and get it in person.

Edited November 27, 2012 by Nola123