K-1 vs CR-1/Marry on VWP then Return Home

[TXS 2]

I'm from the US, my partner is from the UK. I'm reading some mixed information online and want to be sure.

 

We were thinking about getting married in the US (since this is where we plan to live for now). He would then return to Britain THEN we would apply for a spouse visa. That way, he can still work during the processing/accepting wait.

 

In doing this, we could avoid the K-1 processing time and extra fees associated with it.

 

The thing is, we would get married while he was on visa waiver program from the UK. I am reading that this is OK as long as he as the intent to return home to the UK (he will have a return ticket). But some websites seem to caution against it, saying that it is legal but a little risk.

 

Just want to make sure that is really is ok and that we wouldn't run into an unusual issues.

 

Thanks in advanced!

[s + j 71]

Yes...he can marry while on VWP. However what's illegal is coming to marry AND adjust status with the intention of doing so. What you plan on doing is fine.

IF he was already in the us, you could file for AOS. But since he isn't, you can't go that route. So go ahead, marrying in the us and then returning and filing for spousal visa is perfectly fine  

[millefleur 5,035]

The K-1 is a lot faster in terms of being able to be in the US together. But it's more expensive and he won't be able to work immediately, he'll have to adjust status and then wait for work authorization. This is a huge turn off for some people as they need to be able to work and don't want to just hang around in the US without a job.

 

I wouldn't worry too much about him coming here to marry. As long as he plans to go back, you should be fine. If he has a return ticket, a lightly packed bag and it is clear that he's just coming for a visit, I really doubt there would be an issues.

 

I would say if him working, either in the UK or in the US, is a big factor: just get married and go for the CR-1/IR-1. That way when he finally gets his US visa, he can work immediately upon arrival.

[bcking 3,157]

My wife and I considered both options as well and went with the CR-1 route (though we married in the UK since she is from there...I think location of a wedding may matter more to women, but maybe that is just generalizing).

 

It is definitely helpful to be able to continue working while waiting for the CR-1 (though my wife unfortunately had to leave her job earlier than she would have liked). However the CR-1/IR-1 route is definitely longer, and you will spend more time apart which is unfortunate. Also his visits while waiting for that visa to the US may be frought with some tension (Once you are married, every time he comes back to visit he will be under scrutiny. It's very variable though so people have had no trouble, my wife had a lot of trouble).

Regardless, congrats and good luck on the process. This website is a great resource.

[TXS 2]

Thanks so much! Just wanted to make sure our plan was indeed legal. Looking forward to learning more, this is indeed a great website!

 

Really hoping approval times still aren't a year...

[Ketsuban 1,034]

20 hours ago, TXS said:

I'm from the US, my partner is from the UK. I'm reading some mixed information online and want to be sure.

 

We were thinking about getting married in the US (since this is where we plan to live for now). He would then return to Britain THEN we would apply for a spouse visa. That way, he can still work during the processing/accepting wait.

 

In doing this, we could avoid the K-1 processing time and extra fees associated with it.

 

The thing is, we would get married while he was on visa waiver program from the UK. I am reading that this is OK as long as he as the intent to return home to the UK (he will have a return ticket). But some websites seem to caution against it, saying that it is legal but a little risk.

 

Just want to make sure that is really is ok and that we wouldn't run into an unusual issues.

 

Thanks in advanced!

That is exactly what I did. No issues doing it that way that way at all. I had no trouble with my CR-1 and upon entry to the US I automatically became a permanent resident.

[JFH 12,189]

I'm from the U.K. and we married in the USA when I was visiting on the VWP then went home to complete the process and I finally got my visa and moved here last December. What you are proposing is perfectly legal. I also continued working in the U.K. and then moved here and started a new job within 2 weeks. It was very important for me to be able to work right away which is why the CR-1 was perfect for us. 

Edited May 20, 2017 by JFH

[TXS 2]

Yes, him being out of work for possibly 3-6 months is simply not going to work. While it would be great to have him here sooner, there is no way I could support us both, unfortunately. Sounds like the CR-1 is the only way to go.

 

Thanks for the responses, I'll share this with the BF.

 

For those of you who did this process from the UK to the US (although I'm not sure if the country matters), how long did it take from submitting paperwork to successfully being approved? 

[JFH 12,189]

5 hours ago, TXS said:

Yes, him being out of work for possibly 3-6 months is simply not going to work. While it would be great to have him here sooner, there is no way I could support us both, unfortunately. Sounds like the CR-1 is the only way to go.

 

Thanks for the responses, I'll share this with the BF.

 

For those of you who did this process from the UK to the US (although I'm not sure if the country matters), how long did it take from submitting paperwork to successfully being approved? 

See my timeline. Last year it took us 10 months and 1 day from mailing the I-130 packet to going to my interview at the London embassy.