Marriage, working for a UK company

[Gizzmondo 51]

Hi

Firstly let me say what a great place to gather information, on which I thought was a minefield.

My situation :

I currently live in the UK - the company I work for has already said I can work remotely for them in the USA, potentially they would open up an office in the USA to accommodate the time difference (currently I would have to be up and working at 4am EST) and allow me to build on said office in the USA and employ local employees - this option wont happen straight away, but more in the future. So I would be working remotely for maybe 6 months, but being paid in the UK to a UK bank account (does anyone know an account that doesn't charge the earth to make withdrawals in the USA? )

My lady is a USA resident, we love each other so very much, soul mates is how we describe and feel about each other. Hoping to get engaged in September when she comes to the UK for a visit, I'm back there in July. If things go as planned we aim to file the marriage license in January, having a ceremony in early spring, the idea in January is to start the process of filing papers to allow me to be with her, live with her and share our lives.

I am after advice on what would be the speediest visa to obtain, what my options would be to allow me to be with her as fast as is possible ?

Thanks in advance

[Missadams1963 4]

K-1 visa (fiancee)normally 5-6 months process

[Gizzmondo 51]

K-1 visa (fiancee)normally 5-6 months process

Thanks for the speedy response, Im still unsure about the whole K-1 process, Ive searched for some guidance

If / When we applied for the K-1 we have 90 Days to get married, do I have to be resident in the USA throughout the process ?

We then apply for the visa adjustment, again do I have to leave or can I be a resident ? Whats the time scale for the adjustment ?

I did read some of the guides, but couldnt locate the answers to my questions

Thanks again

[Rafael+Felicia 9]

With K1 you can not leave the US after your marriage, but when you filed for AOS you can add AP to it so as to be able to go and come back while your Adjustment is ongoing.

I think AP should come within 30-60days after you filled, but the whole Adjustment took us 6-7months.

[TheCaptain 67]

Hi

Firstly let me say what a great place to gather information, on which I thought was a minefield.

My situation :

I currently live in the UK - the company I work for has already said I can work remotely for them in the USA, potentially they would open up an office in the USA to accommodate the time difference (currently I would have to be up and working at 4am EST) and allow me to build on said office in the USA and employ local employees - this option wont happen straight away, but more in the future. So I would be working remotely for maybe 6 months, but being paid in the UK to a UK bank account (does anyone know an account that doesn't charge the earth to make withdrawals in the USA? )

My lady is a USA resident, we love each other so very much, soul mates is how we describe and feel about each other. Hoping to get engaged in September when she comes to the UK for a visit, I'm back there in July. If things go as planned we aim to file the marriage license in January, having a ceremony in early spring, the idea in January is to start the process of filing papers to allow me to be with her, live with her and share our lives.

I am after advice on what would be the speediest visa to obtain, what my options would be to allow me to be with her as fast as is possible ?

Thanks in advance

Firstly hello and welcome to the forum!!!.

The two options you have are to either file for the K1 Fiance Visa or the CR1 Spousal Visa.

Both have their pro's and con's but achieve the same outcome.

With the K1 you will be required to get engaged then return to the UK and process your application from there. You will be required to attend an interview at the Consulate in the UK. This process will take about 6 months. Once in the US you are required to get married within 90 days. The biggest problem with the K1 is that you CANNOT work for between 3 - 6 months after you enter on the visa. This is due to needing to adjust your status to that of a permanent resident. This is called AOS (Adjustment Of Status). You must apply and wait until you receive the EAD (Employment Authorization Declaration) which takes a few months and means your stuck at home until the EAD is processed and in your hands.

The alternative is the CR1 Spousal visa. This takes markedly longer at approximately 12 - 15 months. With this visa you actually get married to your partner, Then apply for a spousal visa but the biggest difference is that you apply for your AOS and the Spousal Visa at the same time and are given a Green Card (Permanent Resident Status) as soon as you enter the country and can work almost immediately.

The biggest concern is if you proceed with the faster K1 visa route then you CANNOT be paid from your UK employer until you have the EAD.

Even though your income is from the UK the United States classes it as Foreign Income and subsequently it must be declared on your US taxes. As a K1 visa holder does not have an EAD or Social Security Number (SSN) until you apply and are approved you cannot declare this income on your taxes.

If you are caught working then its grounds for deportation not to mention tax evasion. Its just problems all around and not advised LOL

Hopefully this gives you a little more insight

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[jan22 2,898]

You said your fiancée is a US resident -- do you mean she's a green card holder or are you just saying that she is living in the US (but is a US citizen). If she's not a US citizen, she cannot file a K-1 fiancée visa petition for you.

You will likely get yourself in serious trouble continuing to do your job in the US, even though being paid into your US bank account. US immigration would most likely consider this to be working in the US, especially if your company then plans to use you to open up a US-based office....may not make sense, but it is what it is.

[jan22 2,898]

You said your fiancée is a US resident -- do you mean she's a green card holder or are you just saying that she is living in the US (but is a US citizen). If she's not a US citizen, she cannot file a K-1 fiancée visa petition for you.

You will likely get yourself in serious trouble continuing to do your job in the US, even though being paid into your US bank account. US immigration would most likely consider this to be working in the US, especially if your company then plans to use you to open up a US-based office....may not make sense, but it is what it is.

For some reason, can't edit this....meant to say "...even though being paid into your UK bank account".