UK marriage to US immigration I-130

[SarahandTom11412 0]

Hi everyone,

I've been a recent visitor to this site, and all of the information that has been provided on this site has been incredibly helpful. I only wish that I had found this site ealier!

I am looking for advice and reccomendation from the community here about my situation. My boyfriend (now fiance), Tom, applied for a B2 visitor visa to the US from the UK in August 2013. He had his interview in London in September 2013 where his visa was refused on the basis of him not having enough ties to the UK (214). This is almost incomprehensible since he's got no ties anywhere else in the world except the UK where he was born, raised, went to uni, and gets benefits due to his disability (CP).

We thought that he would at least be able to come over to the US for the 90 days he's allowed without a visa, but because of the denial it is most likely that his ESTA registration would not be approved for entry into the US anyway. I wish we had known that before paying for a cruise. :-(

I am in the UK with him currently on a 6 month visitor's stamp per the graciousness of UK immigration (currently coming on month 2). We have since decided that if we loved each other enough and were willing to go through this process without being married, that getting married actually would only help. Our plan is for me to stay in the UK with him as long as I can, fly back to the US and immediately apply for the VAF4a UK Marriage Visa, and return to the UK on that visa. As far as I can tell there should be nothing stopping us from getting the VAF4a approved.

Has anyone on here had experience with getting a VAF4a uk marriage visa?

Additionally, it is our intent to at some point file an I-130 spouse visa for Tom so that we can settle in the US. I realize this has its own obstacles, and I'm no longer willing to attempt anything with the US immigration system without legal support.

Would his prior visa denial have any effect on him getting an I-130 in the future?

Thanks for reading you guys. I'll try to keep our story updated. It's so hard when you're in love and all you want is to be together. Much love to you all in your journies.

[Shiobhan 235]

Y was he applying for a visa instead of VWP to get

on cruise, does he have a record or overstayed in the

US in his past? file K 1 for him...someone knowing

additional info will come along

[SarahandTom11412 0]

Oh, I forgot to include this bit. Initially we were going to try for the Unmarried Partners visa for the UK and the process for that said that we would need to be together, in a relationship akin to marriage, for at least 2 years. We were going to try and see if he could spend 6 months in the US with me to pass the time until we've been together 2 years and could apply for that. Anyway, that's why he was applying for the B2 visitor visa. He's never been to the US, and only to France and Spain for part of his university program (which him being a UK citizen doesn't really count).

[justoleme 5]

Oh, I forgot to include this bit. Initially we were going to try for the Unmarried Partners visa for the UK and the process for that said that we would need to be together, in a relationship akin to marriage, for at least 2 years. We were going to try and see if he could spend 6 months in the US with me to pass the time until we've been together 2 years and could apply for that. Anyway, that's why he was applying for the B2 visitor visa. He's never been to the US, and only to France and Spain for part of his university program (which him being a UK citizen doesn't really count).

wow im shocked to read he got refused, probably because Cameron didnt back obama, !! we oursleves , my hubby is american from cali, we have been at the NVC process since 31st june and still waiting for our case to be complete. They seem to not be as quick at doing UK case completes as they are other countrys right now.

Good Luck i do hope you can find a solution to this. Many on here may be able to help you.

[Cambridge2011 3]

For those in the Uk waiting................we have been waiting since July, and based on predictions we could probably still be waiting in February!

[lost_at_sea 995]

The I-130 petition for spousal visa doesn't need a lawyer. His tourist visa denial won't cause a new family based petition to be denied.

Option 1: You could apply for the fiancé visa to come to the UK and marry. A member here has done that. They settled in the UK for the required 6 months after they married and got her UK spouse visa, then applied for the I-130 for CR-1 visa direct with the London embassy. They just moved back to the USA. Or you could get your UK visa, marry, and return to the USA right after and apply for the I-130 for CR-1 via the Chicago lockbox.

Option 2: Alternatively, you could start the I-129f for K1 process now (a fiancé visa for him) that would allow him to move to the USA upon completion for good.

Option 3: You meet in a 3rd country (Canada? Europe somewhere?) and marry, then file the I-130 for CR-1 visa via the Chicago lockbox.

Guides for all these options are available on this website (click Guides above) and there's a comparison guide for your options.

I suppose pertinent questions would be: What are your priorities and wishes? To live in the UK for a while? To live in the US ASAP? To put off getting married/avoid getting married?

Edited October 29, 2013 by lost_at_sea

[justoleme 5]

I got Case Complete at NVC today yay, now i wait for interview letter

[Amy21 0]

They may have denied him because of the disability benefits he receives. They do not want him to come here and become a "drain" on the American benefit system probably.

Perhaps you can be his sponsor to come here?

K1 visas take 5-8 months here

[bigdog 376]

Good luck with your adventure into USCIS land.