Advice Needed Please!?

[RSLF 1]

Hello guys,

I just joined VisaJourney today and would really like some advice from people who have been through all of this before!

I am a UK citizen and my boyfriend/fiancee is a US citizen. We met almost 2 years ago now whilst working in Asia. We've been together for around 18 months now and we're expecting a child in September. I'm back in the UK and he in the US. We fully intend to settle and live in the US we're just trying to figure out the best and fastest way to get there. He's also in the process of joining the US military, if that makes a difference.

I've done countless hours of research about the best options for us to proceed with. We're not going to see a lawyer since I have a Law degree and can easily wrap my head around all the paperwork and it's cheaper to do it by ourselves. I'm taking on most of the work and he'll just file the forms when I tell him to. From what I've read we have two options; the first being the fiancee visa, and the second being the spouse visa. It'll only be for me as we'll be claiming US citizenship for the baby through my fiance once he's born so he won't need a visa to enter the US as he'll have both UK and US paperwork and passports. The main question is should we just focus on the fiancee visa or try to marry and apply for the spouse visa? I mean which is a better option? I was thinking we could travel to Las Vegas, get married, I'll have the VWP which I already have and then after marrying there I'll return to the UK and my then husband will file the correct paperwork for an immediate relative or spouse from there. Or we could get married abroad in a country which doesn't need any long residency requirements for getting married, somewhere like Greece and then apply for the spouse visa that way. As I know getting married in the US without a valid fiancee visa can flag up problems. Although I'm not intending to stay in the US straight after the wedding, just marry there and stay for a couple weeks then return to the UK and start the visa paperwork process.

I hope that all kinda makes sense. I'd like some honest and helpful answer please. I know on a lot of these sites people spout a load of tripe to people and put their plans down so I wouldn't like that. Just really want to be back with my fiancee as soon as I can. Been over three months already and it's hard, especially being pregnant and being without him.

Thanks for listening guys

[Krikit 1,163]

Hi there, and welcome to VJ.

I am going to move your thread from K-1 Process to the What Visa Do I Need forum as you are still trying to determine which visa is right for you. At the top of that forum you will see a pinned thread called "Useful Guides". Take a look at that to get started.

You will also want to visit the UK regional forum for country-specific advice, as well as the Consular Reports of Birth Abroad (CRBA) forum. Links are below.

Good luck, and congratulations on the baby.

http://www.visajourney.com/forums/forum/99-united-kingdom/

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

[Boiler 43,477]

K1 is quicker.

There is no better option.

[bunnygirl 86]

Hello guys,

I just joined VisaJourney today and would really like some advice from people who have been through all of this before!

I am a UK citizen and my boyfriend/fiancee is a US citizen. We met almost 2 years ago now whilst working in Asia. We've been together for around 18 months now and we're expecting a child in September. I'm back in the UK and he in the US. We fully intend to settle and live in the US we're just trying to figure out the best and fastest way to get there. He's also in the process of joining the US military, if that makes a difference.

I've done countless hours of research about the best options for us to proceed with. We're not going to see a lawyer since I have a Law degree and can easily wrap my head around all the paperwork and it's cheaper to do it by ourselves. I'm taking on most of the work and he'll just file the forms when I tell him to. From what I've read we have two options; the first being the fiancee visa, and the second being the spouse visa. It'll only be for me as we'll be claiming US citizenship for the baby through my fiance once he's born so he won't need a visa to enter the US as he'll have both UK and US paperwork and passports. The main question is should we just focus on the fiancee visa or try to marry and apply for the spouse visa? I mean which is a better option? I was thinking we could travel to Las Vegas, get married, I'll have the VWP which I already have and then after marrying there I'll return to the UK and my then husband will file the correct paperwork for an immediate relative or spouse from there. Or we could get married abroad in a country which doesn't need any long residency requirements for getting married, somewhere like Greece and then apply for the spouse visa that way. As I know getting married in the US without a valid fiancee visa can flag up problems. Although I'm not intending to stay in the US straight after the wedding, just marry there and stay for a couple weeks then return to the UK and start the visa paperwork process.

I hope that all kinda makes sense. I'd like some honest and helpful answer please. I know on a lot of these sites people spout a load of tripe to people and put their plans down so I wouldn't like that. Just really want to be back with my fiancee as soon as I can. Been over three months already and it's hard, especially being pregnant and being without him.

Thanks for listening guys

Just wanted to say hi to a fellow Brit And I know how tough it is to go through a pregnancy on your own, hope you're doing ok.

Just to give you some perspective, the K1 GENERALLY comes through quicker than a CR1 and your fiance could file the forms now, no need for you to have to fly over there and arrange a wedding. However it does cost a little bit more in the long run as you have to adjust status once you're in the US to get your greencard (approx. another $1,100). You also can't work straight away on a K1, although I'm guessing with a tiny baby you probably won't want to!

The CR1 means you'll be a LPR as soon as you land in the US and should get your greencard in the mail a few weeks later. No adjustment of status needed so a bit cheaper and you can work straight away.

Really it depends what's important to you, being over there quicker or being able to work/cheaper.

Good luck with everything

Edited June 22, 2014 by bunnygirl

[Krikit 1,163]

Also, to expand on BunnyGirl's summary, if you choose the K-1 route then you will have to wait for your greencard or Advance Parole (whichever comes first) before you can return to the US if you have to suddenly leave for an emergency back home, for example. If you do leave the US prior to receiving the GC or AP, you will need to start the whole process over with a spousal visa.

[FlyingPhoenix 4]

K1 is generally quicker, but as the others have said there's the extra stuff to do when you get to the USA with adjustment of status your 2 year conditional greencard before you are a completely permanent resident. Me and my fiancé have done the fiancé visa and we got approved last week so it took us 3.5 months total and I will be back with him in a few days. There is also the pregnancy which could work in your favour perhaps it will speed up the process if you include a few details about it in your petition so you can get back in time to have your baby in America if that was your plan anyway. So yeah if you want speed then I'd go for k1 and just work through the extra stuff that you have to do when you get to America for your residency, it's mostly paperwork anyway and at least you will be with your husband through it all.

[RSLF 1]

Thanks ever so much for all the insight guys! I was thinking the K-1 is the best option for us. I'm just so desperate to get to the States as soon as I can I just wanted to be sure to consider all options. I think we'll just stick with the K-1 visa like we were planning anyway. With regards to the baby, I was already planning on including information about that in the petiton since I read that it would work in our favour and show commitment and a legitimate relationship.

But thank you everyone. Hopefully we'll be filing paperwork as soon as my hubby-to-be has all his work stuff sorted out. You'd think that the US & the UK would have some sort of special visa considering their history and relationship. It seems that US/UK coupling is a really big communtiy now

[Cathi 5,610]

K1 is generally quicker, but as the others have said there's the extra stuff to do when you get to the USA with adjustment of status your 2 year conditional greencard before you are a completely permanent resident. Me and my fiancé have done the fiancé visa and we got approved last week so it took us 3.5 months total and I will be back with him in a few days. There is also the pregnancy which could work in your favour perhaps it will speed up the process if you include a few details about it in your petition so you can get back in time to have your baby in America if that was your plan anyway. So yeah if you want speed then I'd go for k1 and just work through the extra stuff that you have to do when you get to America for your residency, it's mostly paperwork anyway and at least you will be with your husband through it all.

Pregnancy never speeds up the process is isn't a reason for expedite, ever. If that were the case everyone would be getting pregnant to get here faster

Edited June 23, 2014 by mimolicious

[Harpa Timsah 13,258]

Just FYI: One service center is going quite fast for petition approvals and the other is quite slow, and you can't pick which you get. The speed can change at any time, though. Good luck.

Edited June 23, 2014 by Harpa Timsah

[Brit Abroad 166]

K1 visa. Don't forget that there is a dedicated line for military personnel ... see http://www.uscis.gov/military/military-help-line

Once he's enlisted he will have access to help from the legal team on his base, too.

Good luck with your process.

[sandra68 10]

Good luck with all,

Just a remark, getting married in the US is very easy, no residency requirements in most states/counties. Lots of people get married while on VWP, we did, and we actually travelled to the US a few times while already married.

Whatever you decide, good luck :-)

Sandra

[MacUK 983]

You'd think that the US & the UK would have some sort of special visa considering their history and relationship.

What? That history of having been at war with each other?

I wish that were the case, but then there'd probably be quite a few countries that would be able to claim a similar history and relationship.

[Krikit 1,163]

You'd think that the US & the UK would have some sort of special visa considering their history and relationship.

They do. It's called the Visa Waiver Program.