K1 or CR1 - looking to stay together as much as possible

[rixonline 0]

Hi guys, I'm sorry for the post, I've searched here and the internet till my head spun and I'm hoping for advice form people that have been here...

I am UK citizen who met someone last year whilst travelling in Europe.

He is a US citizen based in IL.

We wish to marry and settle in Chicago, and I am a little confused about which road to take to do this.

We are both free and eligible to marry
Neither of us have any kind of criminal record
I am currently in the US on a tourist visa/visa waiver and in the last 30 days (I have never overstayed on a tourist visa and have visited various states in the US over the last decade)

I return to the UK soon for a family function and wish to come back to the US asap as we do not want to be apart any longer than absolutely necessary

Our ultimate goal is to get married and settle in the US, I would like to be able to legally work as soon as possible so we can start our life together

I read and a lot of your info about the K1 and CR1 visas but I'm not sure which would be the best option as staying together (being allowed to visit/stay in the US) is the biggest concern we have during this process, the ability for me to work is also a high priority

[htfaust 131]

Since you're in the US now, best option is to marry and file for adjustment of status right away. You won't be able to leave the US until your advance parole is issued (usually within 90 days from filing), after that you're free to go back to the UK and settle your final departure.

See the guide: http://www.visajourney.com/content/i130guide2

[rixonline 0]

Since you're in the US now, best option is to marry and file for adjustment of status right away. You won't be able to leave the US until your advance parole is issued (usually within 90 days from filing), after that you're free to go back to the UK and settle your final departure.

See the guide: http://www.visajourney.com/content/i130guide2

Thank you.

Is this ok to do though? I read that marrying on a tourist visa/VWP is ok but it is not to be used to apply got AOS (that's why the K1 exists)

Plus, my tourist visa will run out within the 90 days of waiting for an advanced parole meaning I'd have to leave the US?

sorry, I've just read so much conflicting info over the last few weeks that my brain is fried

[htfaust 131]

Thank you.

Is this ok to do though? I read that marrying on a tourist visa/VWP is ok but it is not to be used to apply got AOS (that's why the K1 exists)

Plus, my tourist visa will run out within the 90 days of waiting for an advanced parole meaning I'd have to leave the US?

sorry, I've just read so much conflicting info over the last few weeks that my brain is fried

It's completely fine to marry and adjust from a tourist visa or from the VWP provided you entered the US with no intention to do it. That last bolded part is the key.

Once you apply to adjust status, you'll be legally in "a period of stay authorized by the US Attorney General" until a decision on your petition is made, so you will accrue no unlawful presence whatsoever. Just don't leave before getting the advance parole and you'll be 100% good and legal.

Edited June 2, 2016 by htfaust

[rixonline 0]

It's completely fine to marry and adjust from a tourist visa or from the VWP provided you entered the US with no intention to do it. That last bolded part is the key.

Once you apply to adjust status, you'll be legally in "a period of stay authorized by the US Attorney General" until a decision on your petition is made, so you will accrue no unlawful presence whatsoever. Just don't leave before getting the advance parole and you'll be 100% good and legal.

I came out here to visit and see how the relationship went, we had no intention to marry

However my 90 days is up in a few weeks, I'm guessing this is not a course of action I can take right now.

Is it best for me to return to the UK then come back to the US? then I worry it looks like I'm reentering soley to get married

Or we could marry whilst I'm still here on this visit, but then I'd return to the UK (As I say I have around 2 weeks on my 90 day vwp)

*So confused*

[htfaust 131]

I came out here to visit and see how the relationship went, we had no intention to marry

However my 90 days is up in a few weeks, I'm guessing this is not a course of action I can take right now.

Is it best for me to return to the UK then come back to the US? then I worry it looks like I'm reentering soley to get married

Or we could marry whilst I'm still here on this visit, but then I'd return to the UK (As I say I have around 2 weeks on my 90 day vwp)

*So confused*

The best option is to stay, marry, and file for adjustment of status according to the guide I liked you and the forms' instructions. Regardless of how long it takes to process the application, you can legally stay in the US until it's been processed, but in the meantime you need to get the Advance Parole to be able to leave the US and return.

A visa process will take about twice the time it takes to adjust status, plus you'll be apart during most of the process. Very few people have the opportunity to simply adjust and wait the whole time together as you do, don't look lightly on it. You have all the pieces on the right places and I'm sure most people here on VJ are very happy for you.

In your case, it's perfectly legal and fine to do that. If you simply leave the US, THEN you'll need a proper visa.

Of course, if that's what you want to do, I'm not stopping you. I'd just feel very sorry over the wasted opportunity to spend the whole waiting game together instead of apart as I'm having to do.

[p-ana 933]

I came out here to visit and see how the relationship went, we had no intention to marry

However my 90 days is up in a few weeks, I'm guessing this is not a course of action I can take right now.

Is it best for me to return to the UK then come back to the US? then I worry it looks like I'm reentering soley to get married

Or we could marry whilst I'm still here on this visit, but then I'd return to the UK (As I say I have around 2 weeks on my 90 day vwp)

*So confused*

If you go back to the uk and then back to the us with the intention to marry and adjust status, it's fraud.

if you get married now and go back to the uk, you'll need a i130 petition, consular processing, which takes around a year, so you can get back to the us and get a green card, work, etc.

[rixonline 0]

The best option is to stay, marry, and file for adjustment of status according to the guide I liked you and the forms' instructions. Regardless of how long it takes to process the application, you can legally stay in the US until it's been processed, but in the meantime you need to get the Advance Parole to be able to leave the US and return.

A visa process will take about twice the time it takes to adjust status, plus you'll be apart during most of the process. Very few people have the opportunity to simply adjust and wait the whole time together as you do, don't look lightly on it. You have all the pieces on the right places and I'm sure most people here on VJ are very happy for you.

In your case, it's perfectly legal and fine to do that. If you simply leave the US, THEN you'll need a proper visa.

Of course, if that's what you want to do, I'm not stopping you. I'd just feel very sorry over the wasted opportunity to spend the whole waiting game together instead of apart as I'm having to do.

This is crazily fortuitous and I hope its viable, thank you for this.

I'm scanning through the link you sent me now and will talk to my fiance when he finishes work

If we proceed with this course, is there a point at which it kicks in?

I mean, I don't want to overstay my visa waiver, but how will I know when the AOS kicks in?

I'm doing a terrible job of explaining what I mean, If my VWP is due to run out on June 14th, what steps will kick this new process in and stop me from overstaying?

Thank you for this info, I've gotten further in an hour here than over a week of searching

[p-ana 933]

This is crazily fortuitous and I hope its viable, thank you for this.

I'm scanning through the link you sent me now and will talk to my fiance when he finishes work

If we proceed with this course, is there a point at which it kicks in?

I mean, I don't want to overstay my visa waiver, but how will I know when the AOS kicks in?

I'm doing a terrible job of explaining what I mean, If my VWP is due to run out on June 14th, what steps will kick this new process in and stop me from overstaying?

Thank you for this info, I've gotten further in an hour here than over a week of searching

Once the aos petition is sent and accepted, you enter a period of "authorized stay" and don't accrue any overstay, but even if you did, the overstay if forgiven to us citizens spouses.

[htfaust 131]

This is crazily fortuitous and I hope its viable, thank you for this.

I'm scanning through the link you sent me now and will talk to my fiance when he finishes work

If we proceed with this course, is there a point at which it kicks in?

I mean, I don't want to overstay my visa waiver, but how will I know when the AOS kicks in?

I'm doing a terrible job of explaining what I mean, If my VWP is due to run out on June 14th, what steps will kick this new process in and stop me from overstaying?

Thank you for this info, I've gotten further in an hour here than over a week of searching

The good news is, even if you overstay before getting the receipt for the AoS, any overstay is automatically forgiven for spouses of US citizens, so you're gold anyway!

Thanks for clarifying, I was being unspecific about this, sorry.

No problem, you're welcome

[rixonline 0]

Once the aos petition is sent and accepted, you enter a period of "authorized stay" and don't accrue any overstay, but even if you did, the overstay if forgiven to us citizens spouses.

The good news is, even if you overstay before getting the receipt for the AoS, any overstay is automatically forgiven for spouses of US citizens, so you're gold anyway!

Thanks for clarifying, I was being unspecific about this, sorry.

No problem, you're welcome

My head is spinning. I just went from confused and sad about the situation to oddly excited and giddy

Gonna speak to the fiance when he gets home, but this is potentially amazing news,

Thank you again

[p-ana 933]

now get to reading the guide htfaust linked to get a good idea of what you'll need to do, how much it costs, what forms, etc.

I also suggest reading your county clerks requirements to get a marriage license and getting married, how long it takes to get certificate back...

Good luck.

[pch1 64]

If you entered the states with intention to get married this might be considered fraud. I suggest you go back home, get your life in order and gather all the documents you will need and let him apply for fiance visa that will take up to 6 months or so. Once you are in the US, get married, then do AOS, it should take up to three months to get your employment authorization. I think that is a safe way of doing it and it is matter of months.

[htfaust 131]

If you entered the states with intention to get married this might be considered fraud. I suggest you go back home, get your life in order and gather all the documents you will need and let him apply for fiance visa that will take up to 6 months or so. Once you are in the US, get married, then do AOS, it should take up to three months to get your employment authorization. I think that is a safe way of doing it and it is matter of months.

They clearly stated they did not have intention upon entry

[yuna628 9,533]

Here's the thing.. just so that you've considered everything.

You've got some options: 1) marry, stay, adjust. You said you have some things to handle in the UK. In this you have to consider the amount of time it will take for your AOS paperwork to come through. If you file for AOS with an EAD and AP, the additional fees are waived. Nevertheless there is a large fee of $1070, and you need to ensure your fiancé/spouse has enough to financially sponsor you, or you'll need to find a co-sponsor. Within about 90 days of filing the EAD/AP combo card will probably arrive. Now.. can you wait that long to go back home? Is there things you need to bring to the US? Do you have a job you need to give notice to? All these things have to be considered before doing this.

2) marry, leave, file spousal visa. in this you'd marry and then go home. you won't be able to come back (unless for a visit) until that visa comes through. and mostly it takes up to a year or so. financial sponsor requirements are the same, but once it's complete though you can work pretty much immediately. it also gives you time to sort out stuff in the UK you may need to.

3) for a K1 it's quicker than a spousal, but obviously even after you get the K1 and marry, you'll need to AOS (EAD +AP) again. So no working or traveling until that combo card.