Questions about visa for UK fiance

[MoonBunny 0]

I am such a newbie. Please forgive me if I'm asking questions that really stupid or obvious. I'm just dipping my toe into the waters of US immigration because I had previously though I would be the one moving to the UK, and I'm much more familiar with UK procedures. I'll try to avoid any true headslapping questions.

I'm not quite sure what would be the best course for me to proceed with my British fiance. (I am a US citizen living in America, btw). He is currently on a teaching program at a uni in the UK which will keep him there until May. When he graduates, he was planning to come to Boston to study for a masters degree in September. We were hoping to marry on one of his school vacations, preferably in April however no official date has been set.

However, I'm getting very daunted by the slow turn around time of US visas and I'm uncertain if marrying in April will give him enough time to be free to settle here in September. So I guess my first question would be if this is possible in the first place, and what suggestions people may have for us to proceed. If we marry in April, he would need to return to the UK after the wedding to finish his classes. I don't know if it would be better to apply for a K-1 before marriage, or marry while he enters the US under the visa waiver program, then apply for a K-3 after he's left the country. Or alternatively, would it be more prudent for him to simply come over on a student visa so he can at least get here on time for his course? (married or not.) I know in the UK you can marry while in the country as a foreign student, but I am not sure if this is the case in America, and would never want to do anything that might endanger his chances of being able to stay here.

Thank you very much in advance for your help!

[canadian_wife 1,808]

Applying for the spousal visa, after you marry in April 2011, will not be enough time if you want him back in the US by September. Bank on 8 - 10 months for this process. Your best bet is to file the petition for a K-1 now. It will take a few months to process and when he applies and is accepted, he has 6 months to use the visa (in case it is approved BEFORE he is ready to leave)

Student fees and tuition for non-residents is VERY expensive, it will be beneficial for him to start school as a resident. Also, to obtain an F-1 student visa, he'll have to show that he intends to return to the UK after his visa expires. This may be difficult to do because, obviously, he doesn't intend on doing that.

My advice, follow the guides for a K-1 visa

http://www.visajourney.com/content/k1guide

Good luck

PS- K3 is a dead visa, no longer a viable option

[Gingerpants 8]

Well with a K-1 he wouldn't be able to leave after the wedding until he had adjusted status. If he'd be leaving right away then I believe he could get married in the US while on a tourist visa and then you could apply for a spousal visa but I doubt it would be done by September. If he can get a student visa then that may be best and then you can just marry while he's there on that.

[Gingerpants 8]

Applying for the spousal visa, after you marry in April 2011, will not be enough time if you want him back in the US by September. Bank on 8 - 10 months for this process. Your best bet is to file the petition for a K-1 now. It will take a few months to process and when he applies and is accepted, he has 6 months to use the visa (in case it is approved BEFORE he is ready to leave)

Student fees and tuition for non-residents is VERY expensive, it will be beneficial for him to start school as a resident. Also, to obtain an F-1 student visa, he'll have to show that he intends to return to the UK after his visa expires. This may be difficult to do because, obviously, he doesn't intend on doing that.

My advice, follow the guides for a K-1 visa

http://www.visajourney.com/content/k1guide

Good luck

PS- K3 is a dead visa, no longer a viable option

Good point, I'd forgotten about that tid-bit. Never mind my suggestion then