Help! Which visa?

[Harpa Timsah 13,258]

I wouldn't go the route of ever overstaying but I am here now and we are thinking of marrying before I return to the UK next week and then filing for the CR-1?

If you are in the US now, then you have all the options available to you. Which makes it more confusing.

You could marry and stay here, now.

You could marry and leave and pursue a CR-1.

You could not marry and leave and pursue a fiance visa (K-1).

Each path has its pros and cons.

If you tell us what sounds most attractive at the moment then we can tell you the pros and cons.

[Brighty 0]

If you are in the US now, then you have all the options available to you. Which makes it more confusing.

You could marry and stay here, now.

You could marry and leave and pursue a CR-1.

You could not marry and leave and pursue a fiance visa (K-1).

Each path has its pros and cons.

If you tell us what sounds most attractive at the moment then we can tell you the pros and cons.

To be honest I just don't want to be apart from my partner anymore.

The problems I have encountered with our particular case is the fact that I support her ie she doesn't work so therefore we would need a co sponsor . The only person we have found who is able to do this for us is our friend who introduced us, who is a us citizen however she is originally English. She married a US citizen ten years ago and went through the whole process then. I don't want her being the co-sponsor to look sketchy.

An immigration lawyer I spoke to last year suggested we just marry and then file for the AOS.

I just don't want to mess anything up

Thanks all.

Edited March 29, 2014 by Brighty

[Harpa Timsah 13,258]

Okay, now we are getting somewhere

You say you support her, how? Do you have assets or some sort of job? What would happen to your job if you moved to the US? Would you lose it?

[Harpa Timsah 13,258]

Wait, you said earlier "I am currently in London and she is flying here tomorrow." Now you say you are in the US, which is it?

[Brighty 0]

Okay, now we are getting somewhere

You say you support her, how? Do you have assets or some sort of job? What would happen to your job if you moved to the US? Would you lose it?

Yes of course I work! I work in production touring with bands so I travel with work all over the world. I wouldn't lose my job. In addition I have a trust fund. Edited March 29, 2014 by Brighty

[Brighty 0]

Wait, you said earlier "I am currently in London and she is flying here tomorrow." Now you say you are in the US, which is it?

We flew back to the US together about a week ago.

[Harpa Timsah 13,258]

Okay, so if you AOS in the US (assuming you are here now), then you will not be able to leave the US for a few months. This would also happen if you followed a K-1 visa.

You would basically be stuck in the US for a while without the ability to work or travel.

If that doesn't work for you, then your only choice is a spousal visa, which would give you free mobility the whole time.

If you have assets you can add your assets to your spouse's affidavit and qualify on your own. You would need around $60K. You can't use your job to qualify because it is not a US source and you wouldn't have work permission in the US.

Edited March 29, 2014 by Harpa Timsah

[Brighty 0]

Okay, so if you AOS in the US (assuming you are here now), then you will not be able to leave the US for a few months. This would also happen if you followed a K-1 visa.

You would basically be stuck in the US for a while without the ability to work or travel.

If that doesn't work for you, then your only choice is a spousal visa, which would give you free mobility the whole time.

If you have assets you can add your assets to your spouse's affidavit and qualify on your own. You would need around $60K. You can't use your job to qualify because it is not a US source and you wouldn't have work permission in the US.

A few months? How long is a few months? I can probably do like 3 or 4 max

Does a trust fund qualify as an asset? I do not own a house etc

[Harpa Timsah 13,258]

3 or 4 months or more. You'd have to marry, then fill out paperwork, then get a medical, then send off your package. Then wait up to one month to get a receipt of filing. Then count from that date 90 days to get the travel permission approved. Then wait a few weeks for it to be mailed to you.

The beginning part is up to you, but then you are their mercy to wait for approval.

If you have access to $60K+, then you could use your trust fund, but if you get it in installments or otherwise don't have access to large amounts then it won't work at all.

I would line up a co-sponsor as a backup just in case they don't like it, but I personally would try with assets first, if you have them.

[JE57 239]

CR-1 takes longer than the K-1 on average. As far as I know the financial requirements are the same she'll still need to show her income as being sufficient as your sponsor. Once you are married your ability to enter the USA may be questioned as you would then have to prove dual intent with the entire CR-1 process running longer than a year then timing a K-1 application seems like the right way to go. She doesn't have to prove financial support for a K-1 at application time. That comes later in the process so you could start the process and work thru the financial support thing while you are waiting for NOA2. If you are married then immigration at the port of Entry *could* deny you entry to the USA saying you intend to immigrate and are not a tourist. Several people have commentted not to hire a lawyer, that you can get everything you need here.. My experiance is not hiring a lawyer is only acceptable if you are willing to do a lot of the legwork yourself so that you become knowlegable enough to answer questions about possible pitfalls with your intended visa BEFORE you make sudden moves. For example, if you were to get married it could be grounds to keep you out of the USA for a year or more (strange but true) and perhaps even the UK would take a dim view of her visiting you if she was married to you for a similair reason. It's not as easy as you would think. Marry and move doesn't really work.

[JE57 239]

Harpa and you 'discussed' this some as I was typing. You have a few challenges. Given your current freedom of movement I would suggest that your best option my be wait a little while and see how the processing times for I-130 forms plays out. Currently initial processing is taking around 6 months and then additional time visa and consulate processing etc. You're stuck between UK and USA, you marry her in the USA you may not be able to vist her for up to a year while the CR-1 visa plays out and you might not be able to enter the USA either. Maybe there is another way to be together? Can you hire her as an employee of yours and you bring her to England to live with you? If the UK government would allow her to work for you then she would have residence status in the UK and after a specific amount of time then you could marry in the UK and then go for an CR-1 visa via Direct Consulate filing all while staying together. You'd still have the financial hurdles and a few other potential pitfalls but it's another potential option to consider as DCF is generally much much faster and you could remain together in UK while you processed it.