Applying for K-1 in the UK

[UKPaul 12]

Hi,

Apologies if I am posting this in the wrong place or if the answer is already somewhere else - I've had a look around the forum and can't quite find what I'm looking for - there is so much information!

I am a UK citizen living in the UK with my girlfriend who is an American citizen living here on a student visa. She has been here since September 2013, her degree finishes in Sept 2014 however her visa is valid until January 2015. Can I apply for a K-1 visa for us to get married in the US whilst we both live in the UK, or does she need to be living back in the US? As far as I understand, if we applied for a K-1 now, it generally takes around 5 months so I'd be approved in around November and could move to the US and then marry within 90 days. Then adjust my status and apply for a green card.

I also just want to double check that this would mean I would be unable to work in the period before we got married?

I also have a couple of questions regarding the affidavit, we are both Master's students - my girlfriend does not have a job and I only have part-time work while we complete our degrees. I understand we don't submit an affidavit until we are married and I would be adjusting my status to become a permanent resident - what if my girlfriend (then wife) has been unable to get a job and therefore can not support me? I've read we can have a joint sponsor - so in this case could my wife's mother or father co-sponsor me?

Sorry for all the questions, just trying to get my head around all this. I'm also looking into getting married in the UK - ideally want to buy us as much time to plan a wedding, yet also not spend time apart. If you can offer any help I sincerely appreciate it!

Paul

[Ketsuban 1,034]

If you want to get married in the UK, you might find the CR-1 path more attractive. You become a permanent resident upon entering the US and don't need to adjust status. It will take longer than a K-1 though, that's the only hitch.

Check out the guides at the top of this page, see whether K-1 or CR-1 fits what you want to do. Bear in mind if you file a K-1, you HAVE to get married in the US within 90 days of entry. Marriage in the UK will invalidate the K-1.

Edit: Actually, you can do direct consular filing (DCF) if your girlfriend has lived in the UK long enough (six months). Much faster process! You need to get married first, though.

Edit Edit: http://www.visajourney.com/content/dcf

Edited June 1, 2014 by Ketsuban

[Pitaya 2,576]

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about fiancee and spousal visa processes~

(organizer hat off)

Your time scheme is interesting. Please keep in mind that during immigration processes, USCIS determines the timing and associated times regarding the various visas. There are far too many variables to accurately predict a timeline. As the first response indicated, you may want to keep your visa options open, hence my moving of your inquiry to a forum that may be more appropriate.

Good luck on your visa journey.

Edited June 1, 2014 by A&B

[2ndMessiah 184]

As the girlfriend is legally in the UK , get married and do DCF.

[Nich-Nick 3,353]

Hi,

Apologies if I am posting this in the wrong place or if the answer is already somewhere else - I've had a look around the forum and can't quite find what I'm looking for - there is so much information!

I am a UK citizen living in the UK with my girlfriend who is an American citizen living here on a student visa. She has been here since September 2013, her degree finishes in Sept 2014 however her visa is valid until January 2015. Can I apply for a K-1 visa for us to get married in the US whilst we both live in the UK, or does she need to be living back in the US? As far as I understand, if we applied for a K-1 now, it generally takes around 5 months so I'd be approved in around November and could move to the US and then marry within 90 days. Then adjust my status and apply for a green card.

I also just want to double check that this would mean I would be unable to work in the period before we got married?

I also have a couple of questions regarding the affidavit, we are both Master's students - my girlfriend does not have a job and I only have part-time work while we complete our degrees. I understand we don't submit an affidavit until we are married and I would be adjusting my status to become a permanent resident - what if my girlfriend (then wife) has been unable to get a job and therefore can not support me? I've read we can have a joint sponsor - so in this case could my wife's mother or father co-sponsor me?

Sorry for all the questions, just trying to get my head around all this. I'm also looking into getting married in the UK - ideally want to buy us as much time to plan a wedding, yet also not spend time apart. If you can offer any help I sincerely appreciate it!

Paul

Some answers and another option.

A K1 fiancé visa requires an affidavit of support at the interview in London in order to get the visa (form I-134). It requires another affidavit of support with the submission of the adjustment of status paperwork form I-864). You can have joint sponsors if the fiancé/wife doesn't earn enough.

You can not work before the marriage OR before you get employment authorization (EAD) or a greencard. That EAD usually comes 60-90 days after you apply for adjustment of status. So you are looking at 4-6 months unemployed maybe, depending on when the steps fall into place....marriage...application...

Don't count on a K1 in five months. Don't count on any timeframe. It changes. It could take that long just to get the petition approved. Then off to the NVC (weeks or longer) Then to London which will likely be an additional 2-3 months beforevisa in hand.

Option since your fiancé is authorized to live in the UK and currently lives there.--

Marry in the UK. Elope to Gretna Green?

Send the spouse petition to USCIS London instead of Chicago.

Petition approved in a month (instead of 6+ months for US applications)

Skip NVC processing which is a couple of months more (longer than K1 visas stay there)

London visa part will take 2-3 months from the petition approval.

Cr-1 spouse visa allows you to be a permanent resident (greencard) the day you enter the US. You can work immediately. You don't adjust status.

Have a big wedding celebration with the bridesmaids and all in the US, if you like, whenever you choose after entry.

You could have a CR1 visa 3-4 months after your marriage in the UK. It's the fastest track for you with a spouse living (with authorization) in the UK. It is called DCF- Direct Consular Filing.

[UKPaul 12]

Thanks you for your replies! I hadn't quite appreciated the difference in time between applying for a CR1 in the UK and not through the US, so thank you for pointing that out! I think my girlfriend is going to look into getting a sponsored job here as she has a pretty decent qualification, but it's good to know how we'd need to go about this if it's what we decide - or if she doesn't manage to get sponsored! Thanks.