Fiance visiting in Sept - wish to reside in US but thinking to marry in UK first

[hiphoplollipop 0]

Hello!

My American fiance and I are preparing to apply for the K-1 visa, but I have a question.

They're visiting me in London at the end of September, I was wondering if we got married while they were visiting, using the UK Marriage Visitor Visa, what do we then need to apply for to go to the US to marry? Would this option be quicker than a K-1?

Desperate to start a life together in the US, as I know so many on here are too, just thinking what would be quickest.

Thank you so much in advance.

[teeak 224]

The quickest way for your fiance to come to the US would be to use the K-1 visa but, it's also more expensive than applying as a spouse (IR1/CR1). You can see the comparison here: http://www.visajourney.com/content/compare

[mlh 93]

We looked at the options and while it does take longer with the CR-1, it meant that my husband would be eligible to start working as soon as he arrived in the US. If you go the K-1 route, teeak says, it is quicker, but more expensive, and means that you'll not be able to work for at least 90 days until you have applied and received your EAD.

And if you marry in the UK, you are considered married in the US. You can have a ceremony/reception when you get to the US, but you'll already be legally married (also meaning you cannot us the K-1 visa to enter).

Good luck!

[LionessDeon 2,060]

If you marry while she is there you will no longer be eligible for a K1 visa. Must go the CR1 route.

[IcezMan_IcezLady 582]

If you marry then you can't apply for K-1

[hiphoplollipop 0]

Thank you - so the CR1 visa could potentially take longer than a K-1?

Also, we would basically be getting married in the UK and then my partner would need to return to the US for their job etc so not sure if this will have a bad affect on the CR1 application? I've read need joint bank statements etc. We have everything we'd need for a K-1 application but have not lived together yet or shared bills.

It would definitely be great if I could start working legally in the US straight away rather than waiting 90 days.

Edited August 10, 2015 by hiphoplollipop

[mallafri76 1,012]

Thank you - so the CR1 visa could potentially take longer than a K-1?

Also, we would basically be getting married in the UK and then my partner would need to return to the US for their job etc so not sure if this will have a bad affect on the CR1 application? I've read need joint bank statements etc. We have everything we'd need for a K-1 application but have not lived together yet or shared bills.

It would definitely be great if I could start working legally in the US straight away rather than waiting 90 days.

The CR-1 visa takes about a year, plus minus a couple of months, so the K-1 visa is definitely faster.

That's how most people on the CR/IR-1 route do it, you get married and then live apart until you have visa in-hand and can move over, so it definitely won't have any kind of affect on the CR-1 visa.

If you go for the CR-1 visa, proof of bona fida relationship is usually pictures of you together and with family, chat/email logs, phone records and passport stamps/boarding passes from visiting each other. Don't read too much into what it says on the I-130 instructions, that form is also used for other visas. US immigrations don't expect you to have joint accounts or anything like that together.

[Pennycat 880]

Thank you - so the CR1 visa could potentially take longer than a K-1?

Also, we would basically be getting married in the UK and then my partner would need to return to the US for their job etc so not sure if this will have a bad affect on the CR1 application? I've read need joint bank statements etc. We have everything we'd need for a K-1 application but have not lived together yet or shared bills.

It would definitely be great if I could start working legally in the US straight away rather than waiting 90 days.

CR1s on average do take longer than K1s. K1s can take anywhere from 5 to 10 months (although the days of them taking 10 months seem to be over because of internal changes at USCIS)--and sometimes even a bit faster. CR1s generally take at least 12 months, up to about 16...again--sometimes even a bit faster.

The major bonus for you for the K1 is that you can apply for it right now. You can get that clock "ticking" in the next couple of days, if you're quick with paperwork. For the CR1, it sounds like you'd have to wait until the end of September. So your choice is 5 to 10 months from NOW or 12-16 months from the end of September. If your partner cannot move to the UK to be with you while either of these visas is processing, you will be living apart for the duration of the application process. It won't "look bad" living apart. It's fairly normal. You don't need to show that you've lived together or shared bills for K1. I'm not 100% sure about CR1, sorry (but I think that that level of scrutiny is for getting the permanent green card.....not for the CR1 visa).

Obviously, many other things factor into which visa to apply for. Money is a big factor for many (fiance visa is more expensive). As is working (for CR1, you can work right away. For K1, you have to wait until you're married--up to 90 days. Then apply for work authorization which can ALSO take up to 90 days). So you're looking at up to 6 months of unemployment in the US. That's the worst case scenario, though. Most people get married well before the 90 day mark, and work authorization comes in for most people after only 2 months.

Really, it's a matter of weighing the pros and cons for your own situation.