Which Visa to Apply For? So confused

[y00ch 1]

Hi All,

I've got a job offer in the States and I'm an American Citizen. I've been legally married for 7 months now in the UK and my wife (British) and I are planning move and live together in the good ol US of A. Currently we've been living and working here in the UK and everything is legit. Since I'm going to have to move in a month (by June) I want to know the best visa option to take for her. The quickest and easiest so its not a rough process. She will be joining me in about 10 months time.

I can't confirm domicile right now but have plenty of funds in US and UK bank accounts.

We aren't legally married in the US so does that make us eligible for the K1?

Also, during the app process can she come visit in the US?

Thanks..my positive thoughts and vibes to everyone who is struggling to make it out there.

[Boiler 43,630]

First question is why are you not legally married in the US? If you are presumably a same sex couple then things have changed.

Only one option CR1 please read the guides, but you need to do it before you leave, look up DCF, that is the only chance for your 10 month timeline.

[y00ch 1]

Oh..yea.

Can she just move here when she's ready and then apply from within? Is this better since there would be no separation time between us if perhaps she applied now and had to wait?

[Happytobe 164]

If you're legit in the UK, look into the DCF option for CR-1. As to her just coming and adjusting, it is illegal to come to the US on a visitor visa or VWP with the intention of immigrating. To immigrate, one needs an immigrant visa.

[awaywego 28]

You do not need domicile or income/assets for sponsorship until the I-864. By the time you reach that form on any CR-1 path, you will very likely be living in the States and at your new job.

If you are legally married in the UK, the US will recognize your marriage.

As the person above said, it sounds like you probably qualify to file DCF London. I think you need UK residency for six months and that you (the petitioner) don't need to stay in the UK for the entire process, but double-check the requirements. If I recall correctly, there is an extensive page on DCF London in the Wiki section of this site.

Also as that person said, your wife can't legally enter the US as a visitor with the intent to immigrate (stay and apply for CR-1 from the US). She can, however, visit the US within the limits of the VWP during the CR-1 process. Check out the sticky on visiting at the top of the IR-1/CR-1 forum.

Edited April 27, 2014 by awaywego

[NikLR 13,220]

DCF is your fastest route.

Married is married.

[aaron2020 11,651]

Oh..yea.

Can she just move here when she's ready and then apply from within? Is this better since there would be no separation time between us if perhaps she applied now and had to wait?

No. It's illegal to enter the US on the VWP or on a non-immigrant visa with the intent to immigrate.

The legal course is to file DFC before you end your Uk residency.

Since you were confused about your marital status in the US, you may be surprised by the next few tidbits.

1. The US recognize legal marriages performed in foreign countries as long as they do not violate US laws (i.e., polygamy, child bride, etc.).

2. US citizens are taxed based on citizenship unlike other countries which taxes based on residency. As a USC, you should have been filing US tax returns on your UK income. You will need your US income taxes for the last three years in order to meet the I-864 requirements before your spouse can get a US visa.