Advice on best way to proceed - UK to US immigration

[pbizzle12 0]

Hi all

 

I recently discovered this forum and have been reading avidly all of the great advice and guides.

 

I am looking for some advice, based on the far greater knowledge of forum users here and perhaps past experiences, on the best and quickest way to proceed in my circumstances. 

 

Circumstances:

• My long term partner (US Citizen) and I (UK Citizen) have been together 7 years, during which time we have each visited UK and US, respectively multiple times per year. In my case, on an ESTA.
• We both have good jobs, plenty of savings and own houses etc
• I intend to relocate and work in the US on a permanent basis as soon as possible.
• I am exploring options for relocated through work with my current employer and obtaining visa sponsorship that way, but that is proving slow and frustrating.
• Due to a recent change in circumstances (partner is now pregnant and this will be our first child) I am planning to take a career break and spend as much time as possible (ideally the entire term of the pregnancy and child birth) in the US to support my partner. 
• In an ideal world we would legally marry and got the CR-1 route, however, the 12-15 month processing time is clearly not going to work given timeline
• K-1 visa appears to be the more likely and slightly quicker option, but again, 6-12 month lead time would not work either - even with potential short visits to US whilst the K-1 application is pending.
• My current thinking is applying simultaneously for a B-2 and K-1 visa is my best bet for getting to US in the short term and being able to stay for 6 months (+ possible extension?). However, having read other forum posts it appears that the success rate on the B-2 applications is quite low?
• Other option I can see is to travel on ESTA with the intent to visit/support during pregnancy, get married and then apply for change in status, work authorisation and advance parole etc. This feels super risky though.

 

Any and all thoughts welcomed and appreciated! 😀

 

[Crazy Cat 44,619]

25 minutes ago, pbizzle12 said:

• My current thinking is applying simultaneously for a B-2 and K-1 visa is my best bet for getting to US in the short term and being able to stay for 6 months (+ possible extension?). However, having read other forum posts it appears that the success rate on the B-2 applications is quite low?
• Other option I can see is to travel on ESTA with the intent to visit/support during pregnancy, get married and then apply for change in status, work authorisation and advance parole etc. This feels super risky though.

I would not apply for a B2.  If it is denied, you would risk losing your ESTA.  That would be horrific. 

Your other option above  will not work.  You cannot enter the US as a visitor with the intent to stay and adjust status.  That is fraud.

The fact is that you cannot live in the US until you have an appropriate visa.  Short visits during the immigration process are allowed at the discretion of CBP.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

 

Edited Thursday at 09:39 PM by Crazy Cat

[Crazy Cat 44,619]

***Moved to What Visa Do I Need?*****

 

Other members will be here soon to offer their opinions.  Good luck.

Edited Thursday at 09:34 PM by Crazy Cat

[pbizzle12 0]

Quote

14 minutes ago, Crazy Cat said:

I would not apply for a B2.  If it is denied, you would risk losing your ESTA.

Your other option above  will not work.  You cannot enter the US as a visitor with the intent to stay and adjust status.  That is fraud.

 

I thought that would be the case, thanks for clarifying.

 

ESTA permits 90 days at a time only and I would then likely not be able to return for at least another 90 days, which doesn't really work for me in this scenario.

 

What would you advise?

[Crazy Cat 44,619]

Right now, the average K-1 processing time from start to interview as reported by other Visa Journey members, is about 10 months.

Right now, the average CR-1 processing time from start to interview as reported by other Visa Journey members, is about 20 months.

 

One option is to start the K-1 process, and schedule several visits during the processing time.

Option 2, Depending on your priorities (as listed in my comparison), you could do the same after marriage, meeting, and starting the CR-1 process.  

I see the B2 route as pretty risky.  

 

I'm sure other members will give their opinions, too.  

Edited Thursday at 10:09 PM by Crazy Cat

[yuna628 9,882]

3 hours ago, pbizzle12 said:

Hi all

 

I recently discovered this forum and have been reading avidly all of the great advice and guides.

 

I am looking for some advice, based on the far greater knowledge of forum users here and perhaps past experiences, on the best and quickest way to proceed in my circumstances. 

 

Circumstances:

• My long term partner (US Citizen) and I (UK Citizen) have been together 7 years, during which time we have each visited UK and US, respectively multiple times per year. In my case, on an ESTA.
• We both have good jobs, plenty of savings and own houses etc
• I intend to relocate and work in the US on a permanent basis as soon as possible.
• I am exploring options for relocated through work with my current employer and obtaining visa sponsorship that way, but that is proving slow and frustrating.
• Due to a recent change in circumstances (partner is now pregnant and this will be our first child) I am planning to take a career break and spend as much time as possible (ideally the entire term of the pregnancy and child birth) in the US to support my partner. 
• In an ideal world we would legally marry and got the CR-1 route, however, the 12-15 month processing time is clearly not going to work given timeline
• K-1 visa appears to be the more likely and slightly quicker option, but again, 6-12 month lead time would not work either - even with potential short visits to US whilst the K-1 application is pending.
• My current thinking is applying simultaneously for a B-2 and K-1 visa is my best bet for getting to US in the short term and being able to stay for 6 months (+ possible extension?). However, having read other forum posts it appears that the success rate on the B-2 applications is quite low?
• Other option I can see is to travel on ESTA with the intent to visit/support during pregnancy, get married and then apply for change in status, work authorisation and advance parole etc. This feels super risky though.

 

Any and all thoughts welcomed and appreciated! 😀

 

You listed four different options:

 

CR1 - with you being married, as soon as you obtain your visa you have a head start in being able to work when you arrive in the US for good.

 

K1 - looks like a faster option, but the biggest problem is you cannot work without adjusting status and that whole process is going to take quite some time. We chose K1 as the option for us, because it did work, but the inability to work followed by a long hiring process really put a severe strain on our life savings and the situation got pretty terrible as in nearly lost our health insurance.

 

B2 - well you can try, but it's low chances and risky. You've got immigrant intent.

 

VWP - nope. absolutely not. you cannot enter the US with the intent to stay and adjust status. You are certainly free to marry in the US and return home.

 

Ultimately you're going to need to pick a path which enables you to keep your visiting privileges and never overstay your welcome. I know it's going to be hard with a baby coming. You could marry, go home, visit your new spouse off and on (but remember not too close together or overstay), apply for the CR1, continue saving funds for your new life together and once everything is done you are good to go - with a green card that prospective employers will accept.

[smilingstone 640]

There is no visa that will take less than 6 months to obtain AND allow you to stay for 9+ months. 

Edited yesterday at 09:48 AM by smilingstone

[appleblossom 4,512]

2 hours ago, smilingstone said:

There is no visa that will take less than 6 months to obtain AND allow you to stay for 9+ months. 

There are several, but all work based, not family based - so the OP may be better off sticking with the possible transfer with his employer as that will be much quicker. Or even exploring self sponsored employment visas, if he might be eligible. 

Edited yesterday at 12:21 PM by appleblossom

[mam521 2,590]

Food for thought - what about her coming to you?  I can't verify, but it looks like typical spousal visas are 8-12 weeks for the UK.  Courthouse wedding and apply.  The US has non-existent maternity benefits and she'd have to go back to work pretty quickly.  That's tough. You could still apply for a CR-1 for the US in the meantime.  

[NorthByNorthwest 458]

20 hours ago, pbizzle12 said:

 

• I intend to relocate and work in the US on a permanent basis as soon as possible.
• I am exploring options for relocated through work with my current employer and obtaining visa sponsorship that way, but that is proving slow and frustrating.

 

Which exact options are you exploring? If you have worked at least one year for your current company and has a reasonable claim to specialized knowledge L1B can be very fast once the paperwork is in order, especially if your company has an established office/subsidiary in the US. L1 is not really DIY though and is probably best left to a company specializing in those transfers.