Best and fastest way to bring a British citizen spouse

[Sweetoosohni 0]

I wanted to get an idea about best & fastest way of bringing a British citizen spouse to USA. My brother is a permanent resident of USA and wants to marry this girl from UK. How long does the visa process take? Is it better to file now as LPR or few years later when he becomes US citizen (about 2 years from now)?

Your answers are appreciated.

[teeak 224]

If you check the current visa bulletin: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-september-2015.html

The priority date for F2A (Spouses and Children of LPR) is March 2014. So, he has about a 1 - 1.5 year wait if he files now. However, the good thing is if he becomes a USC during the process he can always upgrade the petition and won't need to refile.

I would say he should get married now and file the I-130.

Edited September 3, 2015 by teeak

[ChicagoSarah 127]

If you check the current visa bulletin: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-september-2015.html

The priority date for F2A (Spouses and Children of LPR) is March 2014. So, he has about a 1 - 1.5 year wait if he files now. However, the good thing is if he becomes a USC during the process he can always upgrade the petition and won't need to refile.

I would say he should get married now and file the I-130.

I agree. Get married, file now for CR-1 (LPR's cannot file for fiance's, so this is really his only route). As the other poster said, he can upgrade his petition when he becomes a USC, so getting everything started now can only move the process along more quickly.

[Sweetoosohni 0]

Thanks for replies.

Now. The next question is: Where and how should they get married? If he goes to UK on visit visa or she comes to USA on VW, isn't it illegal to get married in either case?

Also, if he files I130 for her now, would she be able to visit him during this 1.5 year or so processing time frame?

Edited September 3, 2015 by Sweetoosohni

[teeak 224]

It doesn't matter where they get married but, I think there are some requirements if a foreigner is coming to the UK to get married, something along the lines of disclosing that you intend to get married when obtaining the visit visa. You should research the process.

Since she doesn't need a visa to come to the US but he does to go to the UK. It's probably easier for her to come to the US to get married.

It isn't illegal if she comes to the US, gets married and then leaves again to wait out the process at home in the UK. It is illegal if she comes to the US on VWP with the intention of getting married, staying and adjusting status.

Yes, she will be legally able to visit him in the US while her petition is pending.

Edited September 3, 2015 by teeak

[KierenHby 899]

I agree. Get married, file now for CR-1 (LPR's cannot file for fiance's, so this is really his only route). As the other poster said, he can upgrade his petition when he becomes a USC, so getting everything started now can only move the process along more quickly.

He has to file i-130 for a F2a spouse petition, not CR-1 just yet. Once a USC, can upgrade petition to IR\CR-1 category.

[KierenHby 899]

Thanks for replies.

Now. The next question is: Where and how should they get married? If he goes to UK on visit visa or she comes to USA on VW, isn't it illegal to get married in either case?

Also, if he files I130 for her now, would she be able to visit him during this 1.5 year or so processing time frame?

If marriage in the UK: He needs a prior UK marriage approval \ corresponding UK visa.

If marriage in the US: She comes on VWP, they get married, she returns to UK to await CP ~2yr wait. She can make short VWP visits.

[LA to LA 0]

Thanks for replies.

Now. The next question is: Where and how should they get married? If he goes to UK on visit visa or she comes to USA on VW, isn't it illegal to get married in either case?

Also, if he files I130 for her now, would she be able to visit him during this 1.5 year or so processing time frame?

Hi i am yasir from sydney my case is in process for i130 while i am living here in australia for my master do u think living in aus will speed up or slow my case progres????

[teeak 224]

Hi i am yasir from sydney my case is in process for i130 while i am living here in australia for my master do u think living in aus will speed up or slow my case progres????

Where you live will have no affect on either slowing or speeding up your case unless you qualify for an expedite.

[hari29 24]

Your brother has to apply for F2A visa for your wife. He can start by submitting I130 after marriage. It takes 1.5-2 years to get the visa in this category. Even if he becomes a citizen he has to follow the same route as a permanent resident (I130, I864 etc etc). This category is called CR1. Only difference is he doesn't have to wait for his priority date to become current if he is a citizen. You can always upgrade to CR1 after 2 years if the visa is still pending. But according to current timeline you are better of applying for F2A. If he waits until citizenship, it will take three years from now to get the visa (including two years for wait time to become citizen)