jessie1970

[Thank you so so so much!!!! that has made the most sense that I have heard so far!! and is like I thought!!!! my husband has all the stuff ready in the us to send in the i-130 well we are just waiting for 2 affidavits to come back and i have already done all the stuff for the fiance visa one which is also in america with him ready to mail....yes after our wedding whilst he was at work i was busy doing paperwork !!! i filled in all my childrens details the eldest is 19 and doesnt at the moment want to join us in america anyway...we were married in sept in the US and have known each other many years... after reading alot of stuff on here sometimes everything sounds so complicated and confusing and just makes u feel a million times worse!!! i have done all the stuff myself and gone through everything and at the end of the day like my husband said we are in love and telling the truth so surely...fingers crossed..all will be ok...seems abt6-9 mths by looking at things the usual amount of time it takes but i am concerned about going back for 2 weeks at xmas obviously he will have sent the paperwork in by then and my passport will be in mrs .... am i likely to get anymore than usual problems trying to enter? should i just take proof of work , tenancy agreement for home etc with me? or would that not make any diff anyway??? thank u so much again jess

hi, im a uk citizen husband a us citizen......

we are sending in th i-130 was confused as read on here u get cr-1 back or can go the k3 way?? what we have done is filled in the i-130 got everything ready to send in the fiance visa one like we were told..i have to write my childrens details on etc and just wanted to also be sure i didnt need anything else for them too ...phew thanks

hi everyone im in the uk and married my husband in september, we have known each other many years but got to the serious bit a few yrs ago!! i went /came over to the usa in aug and we married im now back in the uk and our package is being sent in next week hopefully!!, just waiting on a couple of affadavits abt our marriage.. im hoping to visit for christmas just for a couple of weeks, should there be any problem with this? also i heard that they send forms back when recieved it app a cr-1 do u fill this in and basically see which comes back first? the k3 or cr-1 and does that include my children?? only my youngest wants to come live with us though... i have read the stuff on here and although clear find some bits confusing and hope i dont sound "thick" but our brains have just been going round and round and round doing all this stuff which im sure you all found too x any help/advice that can be given would be great

hi everyone im in the uk and married my husband in september, we have known each other many years but got to the serious bit a few yrs ago!! i went /came over to the usa in aug and we married im now back in the uk and our package is being sent in next week hopefully!!, just waiting on a couple of affadavits abt our marriage.. im hoping to visit for christmas just for a couple of weeks, should there be any problem with this? also i heard that they send forms back when recieved it app a cr-1 do u fill this in and basically see which comes back first? the k3 or cr-1 and does that include my children?? only my youngest wants to come live with us though... i have read the stuff on here and although clear find some bits confusing and hope i dont sound "thick" but our brains have just been going round and round and round doing all this stuff which im sure you all found too x any help/advice that can be given would be great

Hi, just a quick question.... im going to u.s in august to visit my fiance and bringing my 4 year old daughter with me.. i have just applied for our visa waivers and no problem do i need to bring anything else with me or am i likely to encounter any problems at poe??? i didnt know if maybe i should bring her birth certificate as for reasons i would rather not discuss i needed to change mt name so my surname and hers dont match.. i do have my change of name deed but just wondered if im being too over cautious as never travelled to the states with a child and wondered if any questions etc likely??

If you do get married in August, it's perfectly ok, but remember that if they ask you whether you entered the US with the intention of getting married, you have to say NO! It's legal to get married in the US as a tourist but it's not ok to plan it. It's kinda ridiculous and seems like it doesn't matter but they do ask about that during the interview!

thank you x seems we hit a bit of a brick wall though.... at moment i have just been made redundant so am having to claim benefits as have a young daughter... thinking abt it if we marry my husband would have to support us plus maintain our home in us too which would just be too much... its seems crazy as if allowed in one country be one home to look after not 2 .... this suddenly came to me this evening ... feeling really low with it all right now and with losing my job etc sorry x

Yes, you are allowed to get married in the US and then apply for the spousal visa while the two of you still live in different countries. Be sure to bring lots of evidence of your ties to the UK when you come - proof of those 'loose' ends that you need to tie up (ie. children remaining behind, lease/mortgage; proof of employment; legal/monetary responsibilities that you need to look after, etc.) as US immigration will be very concerned about you trying to remain in the US when you come to get married. Yes, you are allowed to visit back and forth, but again, it will be up to the border authorities for each time you visit to decide whether or not to let you in. The stronger your evidence is that you will return back to the UK the more likely it will be that they will allow you to enter. Once you have the spousal visa paperwork underway you will want to make sure you carry a copy of that with you as well to show your intent is to obtain the proper visa.

Good luck.

oh thank you for that, i would have never thought of those things... i was bit concerned as last time they asked me at poe how many children i had was i planning any more etc etc... previously i had only been to us to visit family as all my uncles and aunts live there, my grandpa was a us citizen but my dad lives in uk and has uk citizenship not us !! i didnt get all of those questions... when i go in aug im only taking my youngest child i have one who is 12 one 19 elder one will stay in uk when i come (hopefully) to live... shall i bring with me my work payslips or something... sorry just trying to think of what i could have with me to prove im going to return in sept not planning staying?? thatnks for helping this is such a minefield with so many places to trip up because i have no idea of system x

Moving this topic to CR1 as it doesn't belong in DCF and OP seems to be heading in that direction now

thanks im new and just posted where i thought was best and looks like getting it all wrong sorry x

Hi Jessie,

There are two problems with what you suggest. Yes, it is illegal to enter the US as a visitor intending to get married and stay in the US. That is considered visa fraud as you intentionally use a visa issued for one purpose then try to use it for a different purpose. It carries very serious consequences if you are caught. The other problem is lying to the US that you didn't know it was illegal. Lying to immigration is called misrepresentation and it carries a life time ban from ever being allowed in the US. Since you have posted your question here it shows that you cannot claim ignorance - you would knowingly be breaking the law and hoping to get away with it. USCIS is excellent at detecting this type of fraud and misrepresentation. Are you so sure you want to risk all the years of your future life together for the sake of a few months?

You can get married when you come in August, but you cannot stay and apply to adjust status inside the US. You need to return home after your visit and your US spouse needs to petitions the government for permission for you to apply for a spousal visa at the US Consulate back home. It will mean being apart for a while, but if the relationship is strong, it will survive the separation. Sometimes we have to put up with short term pain for long term gain.

(also moving this to General Immigration from DCF)

hi yes both thanks for reply's an noooo i wasnt intending coming getting married and staying!! i have stuff to sort out in uk anyway i just mean would that really be ok and we wouldnt be in trouble for getting married and me coming back here applying for spousal visa whilst we still in seperate countries?? i guess just going backwards and forwards for a while ... is this all allowed and legal and we wont be in trouble is what i mean??? x

hi, thanks for your recent help, so nice to get answers to the million and one questions in my head going around and around..... ok here goes..... sorry if im being a pain in the bum x ok so i have had comments that yes when i visit in aug if we go just do it (get married i mean ) then go the spousal way it seem sbeing told it ok but then others saying could be in trouble as i entered country illegally with intent of getting married?????????? phew now is this the case and if so do i just plead stupid and say we didnt realise would be a prob etc etc or would it mean big trouble?????????? woldnt it be so much easier if we could just call somewhere and get all these answers without it being someone on other end wants to get u in touch with some lawyer who will charge xx amount of pounds/dollars to "do it all for you" ! many thanks a confused jessie

HI..... HOPING SOMEONE CAN HELP AS IM NEW HERE AND GETTING CONFUSED BIG TIME!!!!! I HAVE KNOWN MY FIANCE WHO LIVES IN THE US FOR OVER 11 YEARS , WAS ONLY IN THE PAST 12 MONTHS WE DECIDED THAT AFTER BEING BEST FRIENDS FOR ALL THESE YEARS AND NO MATTER WHAT HAD GONE ON IN OUR LIVES THAT ACTUALLY WE WANTED TO BE WITH EACH OTHER AS NOTHING ELSE COMPARED! WE WANT TO GET MARRIED AND HATE BEING APART I WAS OVER IN MAY AND RETURNING IN AUGUST FOR A MONTH,,, I UNDERSTAND THAT IF WE PETITION FOR THE FIANCEE VISA ETC WERE LOOKING AT ATLEAST 6-9 MTHS WE ARE ALREADY ENGAGED AND YES MAY SOUND SAD BUT BOTH WEAR WEDDING BANDS!! LOL..... OK HERE'S OUR QUESTION..... I UNDERSTAND IN AUGUST I HAVE TO OBVIOUSLY COME BACK TO THE UK BUT WOULD IT REALLY MAKE MUCH DIFF TO ANYTHING IF WE GOT MARRIED WHILST I WAS THERE?? I KNOW MAY SOUND STRANGE BUT WE WOULD RATHER BE APART AS HUSBAND AND WIFE THAN JUST APART??? IS THERE MUCH DIFF IN JUST APPLYING FOR A SPOUSAL VISA ONCE WE MARRY AND IM HOME RATHER THAN THE FIANCEE VISA???? OR WE JUST MAKING THINGS WORSE?? THIIS IS SO FRUSTRATING WHEN PPL WHO GENUI LOVE EACH OTHER AND KNOW EACH OTHER JUST WANT TO BE TOGETHER.... AND WHAT IS THIS DIRECT FILLING??? JUST FEEL LIKE LIVING IN LIMBO AT MOMENT AS HAVE JUST BEEN MADE REDUNDANT AND TRAVELLING BACKWARDS AND FORWARDS COSTING US A FORTUNE ON TOP OF EVERYTHING ELSE X PLEASE HELP WOULD BE GRATEFUL OF ANY HELP/INFORMATION AND JUST KNOWING OTHERS FEELING AS ANXIOUS AND FRUSTRATED.. WAS HIS MUM WHO SAID LAST TIME I WAS THERE... WHY DONT U JUST GO DO IT ATLEAST YOUR MARRIED THEN AND THATS EXACTLY HOW WE FEEL X

Please turn the CAPS LOCK off

opps sorry

You have three options:

1. Marry now, return to the UK, and file for spousal visa through the USCIS here in the states. You cannot live here while it is pending, but you can visit for short periods of time.

2. Marry now, and have your spouse move to the UK and file for the spousal visa through the US embassy. Doing this requires that your spouse be a legal resident of UK for 6 months before you can file, but at least you won't be apart.

3. Wait to marry and file for fiance visa now. The downside to this is that after entering the US on the visa, you have 90 days to get married, then you file to adjust status, which takes a bit of time and more money. You can't work, get a driver license, Social Security card, etc. until that is done.

My advice would be option 2, if you can't do that, then option 1.

thank you.... im thinking option 1 because of steves job x

actually, you can come here to VISIT your spouse while your visa is pending, you just can't move here. My husband made two trips here while we waited on our visa.

So, the best option is to marry (here or there, doesnt matter) then file for the IR1 visa. The other alternative if you don't want to be apart is for your fiance to move to the UK for 6 months (you can marry anytime during that 6 months) and apply for visa via DCF (which is the forum you posted in). By doing this, you will not be apart while you wait for the visa.

ohh thank u xxxxxxxxxxxx it is so nice finally find ppl who can answer some questions and also understand how this feels many many thanks xxxxxxxxx

Congratulations on your recovery from cancer

As far as which visa you want to apply for, fiance or spousal, depends on your intentions as soon as you move here. there are some advantages and disadvantages to both. but, yes, i agree with karin that you can come here, get married, but you have to go back to the UK and wait like everyone else. chances are it will be very difficult to re-enter the usa while your k1 or cr1 visas are pending. you can always have your husband come and visit you if you cannot see another day without him.

vj will help you get through the lonely and hard times. as they stated, we have all been where you are going, at least as far as the separation is concerned. don't get me wrong. there are some difficult days and not so difficult days. for me, the most difficult has been the waiting, waiting, and more waiting.

good luck in whatever you decide to do, and welcome to vj

thank u xxxxxxxxxx oh i didnt know that while everything was processing i may not be allowed back in u.s !! thank u for that .. we really dont know which way to go... have all the fiancee stuff done and reay to petition but then the other day he said... would it really be so bad if we just got married in aug??? and god yes of course i want too just dont want to make things worse for ourselves xx isnt it a nightmare and yes being aprt is tough... good days bad days and hell days when just need a hug x thank u for welcoming me jessie x

IT REALLY WRONG IF WE MARRY WHEN IM NEXT THERE IN AUG AND THEN GO DOWN THE SPOUSAL VISA ROUTE ?If you mean come to the US, get married then return to the UK to await a spousal visa, then no - it's not wrong - happens every day.

I WANT TO LIVE IN US NOT STEVE HERE ......?? WE WERE GONNA APPLY FOR FIANCEE VISA AND WAIT BUT WOULD RATHER BE MAN AND WIFE?? WILL IT GO AGAINST US THAT WE WILL HAVE TO LIVE SEPERATLEY?? Not at all - most of un on VJ either have or are living seperately (some exceptions of course).

AM I ALLOWED TO COME HOME GET MY STUFF AND DAUGHTER AND MOVE BACK TO US AWAITING SPOUSAL APPROVAL??? Not certain what you're meaning is - but I think the answer is going to be No.

You're not alone any more - virtually all of us are/have-been in your position.

JUST WANTED TO SAY THANK YOU THAT HELPED MORE THAN YOU CAN IMAGINE......... X

OK, THINK IM GETTING HANG OF ALL THIS PLEASE BARE WITH ME AND SEND ME A MESSAGE ID BE SO GRATEFUL..... MY FIANCEE IS A US CITIZEN LIVES IN OHIO IM BRITISH LIVE IN UK.........NOW IS IT REALLY WRONG IF WE MARRY WHEN IM NEXT THERE IN AUG AND THEN GO DOWN THE SPOUSAL VISA ROUTE ? I WANT TO LIVE IN US NOT STEVE HERE ......?? WE WERE GONNA APPLY FOR FIANCEE VISA AND WAIT BUT WOULD RATHER BE MAN AND WIFE?? WILL IT GO AGAINST US THAT WE WILL HAVE TO LIVE SEPERATLEY?? AM I ALLOWED TO COME HOME GET MY STUFF AND DAUGHTER AND MOVE BACK TO US AWAITING SPOUSAL APPROVAL??? WE REALLY CANT SEEM TO FIND OUT WHATS THE RIGHT THING/WRONG THING WHAT WILL MAKE OUR LIVES WORSE ETC ETC WHEN ALL WE WANT TO DO IS BE TOGETHER?? HELP[ PLEASE JESSIE.... I HAVE NO ONE ELSE TO TALK TO AS NEITHER OF US KNOWS ANYONE ELSE BEEN THROUGH THIS PROCESS WE HAVE KNOWN EACH OTHER 11 YEARS AND AFTER JUST BEING GIVEN THE ALL CLEAR THAT I DONT HAVE CANCER BACK WE JUST DONT WANT ANY MORE TIME APART LIFE IS TOO SHORT AND PRECIOUS XXXX ANY NEW FRIENDS VERY APPRECIATED CAUSE RIGHT NOW AM PULLING HAIR OUT AS BACK IN AUG AND WE WOULD LOVE TO MARRY THEN X

The K 1 is normally marginally faster, but as you'd prefer to be married, I suggest the CR-1; with that visa, the foreign spouse will be able to work right away ater they enter the USA, and saves money on AoS. Check out the guides for more info.

OK THANKS HOW DO I KNOW IF I CAN DO DCF??????????????????? AND HOW DO I PROVE RELATIONSHIP ETC ESP IF I WILL BE BACKLIVING IN WHEN WERE MARRIED UNTIL ALL THIS COMES THROUGH!! LOL THATS IF I DONT HAVE NERVOUS BREAKDOWN IN MEAN TIME!! JUST BEEN MADE REDUNDANT AND HAVE 2 KIDS!! XXXXXXXXX VALIUM PLEASE X

HI DONNA IM NEW HERE AND PROBABLY DOING EVERYTHING WRONG!!!!! I SORRY WE MY FIANCEE IN OHIO ME IN UK WERE GONNA GO DOWN THE FIANCEE VISA ROUTE BUT SOUNDS VERY SAD EVEN IF WE IN DIFF COUNTRIES ( WHICH I KNOW WE WILL HAVE TO BE FOR A WHILE) JUST WANT TO BE MAN AND WIFE!! DO U THINK IT MAKES MUCH DIFF AS IN TIME AND COST JUST TO GET MARRIED WHEN I NEXT VISIT IN AUG AND JUST GET MARRIED THEN APPLY FOR SPOUSAL VISA??? DRIVING US NUTS X

Donna.

HI..... HOPING SOMEONE CAN HELP AS IM NEW HERE AND GETTING CONFUSED BIG TIME!!!!! I HAVE KNOWN MY FIANCE WHO LIVES IN THE US FOR OVER 11 YEARS , WAS ONLY IN THE PAST 12 MONTHS WE DECIDED THAT AFTER BEING BEST FRIENDS FOR ALL THESE YEARS AND NO MATTER WHAT HAD GONE ON IN OUR LIVES THAT ACTUALLY WE WANTED TO BE WITH EACH OTHER AS NOTHING ELSE COMPARED! WE WANT TO GET MARRIED AND HATE BEING APART I WAS OVER IN MAY AND RETURNING IN AUGUST FOR A MONTH,,, I UNDERSTAND THAT IF WE PETITION FOR THE FIANCEE VISA ETC WERE LOOKING AT ATLEAST 6-9 MTHS WE ARE ALREADY ENGAGED AND YES MAY SOUND SAD BUT BOTH WEAR WEDDING BANDS!! LOL..... OK HERE'S OUR QUESTION..... I UNDERSTAND IN AUGUST I HAVE TO OBVIOUSLY COME BACK TO THE UK BUT WOULD IT REALLY MAKE MUCH DIFF TO ANYTHING IF WE GOT MARRIED WHILST I WAS THERE?? I KNOW MAY SOUND STRANGE BUT WE WOULD RATHER BE APART AS HUSBAND AND WIFE THAN JUST APART??? IS THERE MUCH DIFF IN JUST APPLYING FOR A SPOUSAL VISA ONCE WE MARRY AND IM HOME RATHER THAN THE FIANCEE VISA???? OR WE JUST MAKING THINGS WORSE?? THIIS IS SO FRUSTRATING WHEN PPL WHO GENUI LOVE EACH OTHER AND KNOW EACH OTHER JUST WANT TO BE TOGETHER.... AND WHAT IS THIS DIRECT FILLING??? JUST FEEL LIKE LIVING IN LIMBO AT MOMENT AS HAVE JUST BEEN MADE REDUNDANT AND TRAVELLING BACKWARDS AND FORWARDS COSTING US A FORTUNE ON TOP OF EVERYTHING ELSE X PLEASE HELP WOULD BE GRATEFUL OF ANY HELP/INFORMATION AND JUST KNOWING OTHERS FEELING AS ANXIOUS AND FRUSTRATED.. WAS HIS MUM WHO SAID LAST TIME I WAS THERE... WHY DONT U JUST GO DO IT ATLEAST YOUR MARRIED THEN AND THATS EXACTLY HOW WE FEEL X