Help with starting points

[PoohBear72 22]

Hi Everyone,

I hope my question is posted in the right place?

My situation is that I am working and living in the UK and I have a girlfriend in the US. I would like to propose to her, get married to her and emmigrate to the US to be with her. This is my goal.

I have tried to read around the information available and there is so much I have reached a point where I am confused about the first steps to take. Can anyone here point me in the right direction please?

1. for the purposes of proposing marriage I believe that travelling on an ESTA visa waiver will be fine is this ok?

2. for the purposes of getting married I believe that travelling on an ESTA visa waiver will be fine - I have to return to the UK once married is this ok?

3. for the purposes of arranging to become a US permanent resident I have to apply for a fiance visa I think. Do I need an I-130 or a CR1 visa and or something else?

Thanks

PoohBear72

Edited January 2, 2013 by PoohBear72

[Harpa Timsah 13,258]

1. Yes.

2. Yes. Being married by itself gives no special privilege, so if you wish to marry in the US, be sure to leave before your Visa Waiver Program time is over.

3. A fiance visa is for unmarried people. So you can apply before you are married, and then once the visa is approved, move to the US, get married within 90 days of your entry (also in the US only), and then apply for permanent residency (a necessary step, the fiance visa does not give the person the right to work or travel and will expire in 90 days). Or, if you are a married person when you apply, then you can apply for a CR-1 visa, started with the I-130 petition, and once you finish the steps required to get the visa, you can move to the US and you will become a permanent resident upon entry.

Good luck!

Edited January 2, 2013 by Harpa Timsah

[Nich-Nick 3,354]

3. for the purposes of arranging to become a US permanent resident I have to apply for a fiance visa I think. Do I need an I-130 or a CR1 visa and or something else?

The stripped down, over simplified process

Marry anywhere (even on VWP)> start process with a petition I-130> receive a CR1 spouse visa> enter US as a permant resident (greencard arrives in a few weeks)

Get engaged anywhere (even on VWP)> start process with a petition I-129F> receive a K1 fiance visa> enter US with no resident privileges> marry in the US within 90 days> apply for a greencard> wait 4-5 months or so to be approved as a permanent resident. (you can apply for a work permit at the same time and that should be approved before the greencard, 3 months, then you can begin work and get a US drivers license before the greencard comes)

Edited January 2, 2013 by Nich-Nick

[PoohBear72 22]

The stripped down, over simplified process

Marry anywhere (even on VWP)> start process with a petition I-130> receive a CR1 spouse visa> enter US as a permant resident (greencard arrives in a few weeks)

Get engaged anywhere (even on VWP)> start process with a petition I-129F> receive a K1 fiance visa> enter US with no resident privileges> marry in the US within 90 days> apply for a greencard> wait 4-5 months or so to be approved as a permanent resident. (you can apply for a work permit at the same time and that should be approved before the greencard, 3 months, then you can begin work and get a US drivers license before the greencard comes)

Nich-Nick, I notice in your signature it cost you over $8k to go through this process. Is this a typical amount? Do you know where I can find out the fees involved? It will be good to know what will be coming up.

Thanks for your simplified reply, it has helped my understanding and cleared my head. I can even see the mistake in my question (part 3) now. :-)

PoohBear72

[Penguin_ie 5,994]

You can see the fees as part of our Guides: http://www.visajourney.com/content/guides

$8000-sish is for the whole process (including removal of conditions after 2 years of married life in the USA, then citizenship). Remember that it's not only fees you have to pay, but also translating documents, medicals, getting copies of birthcerts etc.

[LeftCoastLady 441]

Also know that the fees can change (go up or down) at any time, so what's noted now may be different in a couple of years or even later this year!

[Nich-Nick 3,354]

Nich-Nick, I notice in your signature it cost you over $8k to go through this process. Is this a typical amount? Do you know where I can find out the fees involved? It will be good to know what will be coming up.

Thanks for your simplified reply, it has helped my understanding and cleared my head. I can even see the mistake in my question (part 3) now. :-)

PoohBear72

My fees include everything related to immigration all the way to citizenship...required fees, priority mail postage, travel to London, hotel in London, medical exam, marriage license, marriage certificate, and a big chunk for shipping and insuring possessions to the US. We paid no legal fees as we did it ourselves. And the fees paid in pounds were converted to US dollars during 2008 when 100 pounds was almost 200 dollars, so your mileage may vary. I started a spreadsheet in the beginning and just added to it each time an expense came up. Four years later, we're done with USCIS forever and I got a total.

Here' s some starting fees I posted in the summer. I didn't go back and verify if any had gone up since then.

K1 route = $1650 + £269.50

$340 (USCIS) I-129F

$240 (Embassy) Visa fee

£35 ACPO Police certificate

£220 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

CR1 route = $738 + £276.50

$420 (USCIS) I-130

$88 (NVC) Affidavit of Support fee

$230 (NVC) Immigrant Visa fee

£35 ACPO Police certificate

£227 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

Extras:

Passport photos (10 total for petition to AOS)

Postage

Transportation to London. Twice.

Maybe London hotel

Shipping fees to US

Flight to US

Marriage certificate

Edited January 2, 2013 by Nich-Nick

[Ms Hogan 295]

Keep in mind that if you avoid the fiance visa and get married first you save a lot of that money You won't require the $1070 for AOS or the $340 for the I129f etc.

[LeftCoastLady 441]

Keep in mind that if you avoid the fiance visa and get married first you save a lot of that money You won't require the $1070 for AOS or the $340 for the I129f etc.

But you still have to pay for the trip and marriage license to get married before filing the spousal petition. Depending on where that occurs, that can easily surpass the cost of what was saved. YMMV

[PoohBear72 22]

Thank you for your very useful replies. One question comes to mind now that I am reasonably sure that the I-130 route will be the one taken. Once we are married in the US, I return to the UK and the I-130 process is started; will I be able to visit the US to visit my wife on an ESTA visitors visa? If not how can visits take place? Or can't they?

Many thanks.

PoohBear72

[PantomimeGoose 59]

Yes, you should be able to visit your wife for short periods. Each visit you should be sure to bring evidence that you do not intend to immigrate on that particular trip. This can include rental contract, bank statements, car title, utility bills, a letter from your employer etc. You should also have a return ticket. If your plans are flexible you can usually extend your stay a bit by changing your ticket once in the US as long as you don't overstay the yearly limit for entering on a tourist visa.

Whatever they ask you at customs, answer briefly but *always* honestly and you should be fine.