What should we do?

[JH and MG 0]

Hey everyone,

So my boyfriend and I want to move to America. He is an American but has been living in the UK (London) since he was around 12 due to his dad marring a British citizen. 

We initially wanted to file for the K1 but now we came across information which raised red flags for us.

 

He works here in the UK and wont be able to get a job until we move to the US. Also, I am about to finish my masters soon and obviously I wouldn't be able to work there straight away. 

 

Should we apply for the K1 or get married and apply for the K3? Do we need a sponsor as we don't have incomes in the US? ps we will use his grandparents address in the US for the application if that helps? Also, does he need to go back before me and start the process from there or can we do it from here (London, UK) as we don't want to be apart?

 

Kind regards,

JH and MG

[geowrian 22,335]

K-3 is effectively dead - forget that option. It would be marry and file for a CR-1 visa.

 

With either the K-1 or CR-1 option, the petitioner will need to show that you will not become a public charge. This means having income that will continue from the same source upon return to the US. This can be either via them directly or via a co or joint sponsor.

 

The address you use on the application for the mailing address has no bearing on the case except that is where they will mail any notices.

 

That said...

The best option here is almost certainly to marry then do DCF in London for a CR-1 visa. The process will only take a few months, and a CR-1 is superior to a K-1 in nearly every single possible way. The K-1 path has to be filed in the US, which will take the better part of a year from filing to interview.

Once he files the I-130 in London, he can return to the US ahead of you. He will need to show US domicile - or sufficient intent to establish US domicile - before the visa will be issued. Moving first is a good way (but not only way) to do this. A US-based grandparent can be a joint sponsor fine.

 

Edit: Note that DCF is being phased out by the end of the year (supposedly....not confirmed). So the sooner you start, the better.

Edited April 4, 2019 by geowrian

[JH and MG 0]

11 minutes ago, geowrian said:

K-3 is effectively dead - forget that option. It would be marry and file for a CR-1 visa.

 

With either the K-1 or CR-1 option, the petitioner will need to show that you will not become a public charge. This means having income that will continue from the same source upon return to the US. This can be either via them directly or via a co or joint sponsor.

 

The address you use on the application for the mailing address has no bearing on the case except that is where they will mail any notices.

 

That said...

The best option here is almost certainly to marry then do DCF in London for a CR-1 visa. The process will only take a few months, and a CR-1 is superior to a K-1 in nearly every single possible way. The K-1 path has to be filed in the US, which will take the better part of a year from filing to interview.

Once he files the I-130 in London, he can return to the US ahead of you. He will need to show US domicile - or sufficient intent to establish US domicile - before the visa will be issued. Moving first is a good way (but not only way) to do this. A US-based grandparent can be a joint sponsor fine.

 

Edit: Note that DCF is being phased out by the end of the year. So the sooner you start, the better.

 Thank you so much!

[Just Paul 4,591]

7 minutes ago, Sunfl0wer said:

So if I lived in any other country I could get in sooner?

Well in 19 of the countries with field offices you can or at any consulate where  you show extenuating circumstances.

 

Since you are in Canada at least you can visit without needing a visa.  A lot of beneficiaries from around the world can't do that.

[SalishSea 16,770]

17 minutes ago, Paul & Mary said:

Well in 19 of the countries with field offices you can or at any consulate where  you show extenuating circumstances.

Like Geo said though, those USCIS offices are thought to be closing soon, starting last month with Moscow.

[carmel34 3,531]

You both need to do more research on getting married in the UK, then filing I-130 spousal visa by direct consular filing in the UK, and the issues of US income requirements, co-sponsors, and establishing US domicile.  DCF is the faster way but it could be going away soon.  And to establish US income and US domicile, you may have to be apart for a time.  Good luck!

[Roel 7,191]

I'd check with the embassy if you even can still do DCF. Recent news stated that USCIS is closing its local offices in foreign countries. 

[nastra30 1,983]

Hopefully he's being paying his taxes too to uncle Sam.