So many decisions to make and no real answers!

[AmberH 0]

Hi everyone! This is my first post on this site but the one and only person I know what has gone through this process recommended it to me and so far from reading others posts it has been very helpful.

I wanted to get direct answers from the people that have first hand experience and know the ins and outs of it all, but for me specifically...... So here it goes!

My fiancé and I have been dating just over 10 months now, he is a US citizen and I am from the UK. We met when he was in England on business and have been doing long distance ever since. We decided 4 months ago (maybe rashly in hindsight) that I would quit my job and come spend some time with him in the US while we could work out a more permanent solution to us being together. I spend just over a month here in July-August and returned a few weeks ago at the end of September to spend three months here on the VWP.

Upon my return we have decided to get married and speaking for myself alone I could not be more thrilled to be with him. However we thought this would be the solution to all our many problems and the last 10 months of separation and anguish. Before his proposal I had exhausted all the different VISA options, intra company transfers, O-1, H1-B.... And many more, so I thought this would be as simple as getting married and signing a form..... Little did I know!

So now my predicament is, do we get married now, before I return to England at Christmas and begin to file for the K3 or CR1/IR1 OR do we file for the K1 fiancée visa and come back with three months more to spend together.

Which option will allow me more time with him in the US and be the quickest process!?

If we get married now and begin filing for the CR1 upon my return to the UK this could potentially be 6-8 months separation! Will I be able to visit him whilst this visa is in process without immigration getting suspicious?

Should we wait to get married, begin to file for the K1 and get married on my return? Does this not just prolong the inevitable wait until I can be here permanently in the US?

And which is better K3 or CR-1/IR-1..... From my understanding K3 is part of the latter IR-1 VISA anyway, so why file for this when I will have to adjust my status afterwards!?

If anyone can be of any help and give me some advise I would be truly grateful...... We feel so lost and upset by this whole process, when all we want is to be together!

Many Thanks,

Amber

[lost_at_sea 995]

You should start by reading this comparison sheet: http://www.visajourney.com/content/compare

In short: K1 is a little faster, but you must get married in the US, adjust status and wait before you can work and travel outside the USA.

CR-1 (IR-1 if you're married more than 2 years when you enter the USA): Slightly longer to get, cheaper, can marry anywhere and can work and travel abroad as soon as you enter on that visa (immediate GC).

The gap between the two routes has closed somewhat - with either you're looking at 5 - 12 months before you can move permanently. Times to visa can never be guaranteed. Processing hold ups at service centres happen without warning and through no fault of your own.

You may VISIT the USA during either process.

Edited October 4, 2013 by lost_at_sea

[Harpa Timsah 13,258]

Are you in the US now? You can marry and file to change your status from within the US, if you are.

[lost_at_sea 995]

P.S that you've quit your job was probably rash. When you *visit* the USA when this process is pending, the immigration officer *may* wish to see evidence that you won't be staying illegally - usually good evidence of that is a job back in the UK/housing lease/mortgage etc.

Are you in the US now? You can marry and file to change your status from within the US, if you are.

Oh. I just re-read her post. Sounds like she's still in the US!

OP: Here's the guide for that option. Read the warning up top: http://www.visajourney.com/content/i130guide2

Edited October 4, 2013 by lost_at_sea

[Kiwinyc 62]

I've just completed K-1 but if I were doing this again I wish we had just gotten married and done CR-1. K-1 took 10mths and we still have to get married and wait afterward to adjust status, obtain EAD etc.

Its going to take what feels like forever either way. If you know you want to get married and there are no other reasons not to do it I would, and then you have more 'rights' upon entry from the get go.

[AmberH 0]

Firstly thank you so much for your help so far! I am indeed still in the US until 12 December. Forgive my ignorance on this topic but how do you 'adjust your status'? Is that not the same as filing for a visa? And will I be able to do this in the 2 months I have left here?

[AmberH 0]

Lost At Sea - I just read your link to adjust status, and I understand much more. However I'm on a VWP until December 12 when I head home to UK. What happens if this is filled but has not been returned and completed by then? Will I be able to come back? Or will this just create more problems?

Edited October 4, 2013 by AmberH

[slvrfx576 15]

Firstly thank you so much for your help so far! I am indeed still in the US until 12 December. Forgive my ignorance on this topic but how do you 'adjust your status'? Is that not the same as filing for a visa? And will I be able to do this in the 2 months I have left here?

"adjust your status" is when you petition to change from your current status from "visitor" to "legal permanent resident".

It is not the same as filing for a visa....a visa is to gain entry and you are already here, no visa involved.

You must be married to apply to adjust your status on the basis of marriage to a US citizen. But if you marry now and petition for adjustment of status, you risk being denied because they will conclude that you misrepresented your original stated intent to just visit on your VWP. Why would they think that ? Because you quit your job, came here and got married. That adds up to immigrant intent in the eyes of the government. If you get denied you could be deported and banned from entry for a number of years. People come here all the time on visitor visas and get married and then petition for adjustment of status.....but they do not quit their jobs in their home country first...a big red flag for you if you consider taking this route.

I think the best route for you is to get married here now and then immediately get the CR-1 visa process started while you are here....but you must return to the UK before your current 90days are up. You may be able to come back to visit on your VWP, but not stay beyond its limitations and you would have to be in the UK to attend your eventual interview at the US Consulate.

[lost_at_sea 995]

Lost At Sea - I just read your link to adjust status, and I understand much more. However I'm on a VWP until December 12 when I head home to UK. What happens if this is filled but has not been returned and completed by then? Will I be able to come back? Or will this just create more problems?

If you do the adjustment of status, as mentioned above, you can't leave the USA until it's complete.

Also, you're there now and leaving December. When did you arrive?

[AmberH 0]

I arrived just under two weeks ago on 22nd September. But if my VWP runs out on 12 December and the adjustment to status is not accepted by that time, am I not in breach of the law?

I think after all the advice you have given me, it sounds like I would be wise to go back to the UK and begin the CR-1 process

[Harpa Timsah 13,258]

I arrived just under two weeks ago on 22nd September. But if my VWP runs out on 12 December and the adjustment to status is not accepted by that time, am I not in breach of the law?

I think after all the advice you have given me, it sounds like I would be wise to go back to the UK and begin the CR-1 process

If you choose to adjust status, then you will just stay in the US. Once you file AOS, you will begin a NEW period of authorized stay. You will be, in fact, required to stay in the US for a while, or forfeit your application. You can apply for a temporary travel permission and work permission meant as stop-gap measures for the time while the GC is pending. Those will take about 3 months to be approved. You will not be able to go to the UK for christmas.

But is in an option for you.

[JoannaV 174]

Marriage followed by adjustment of status is definitely an option for you! There was a period of time when it was risky to do this when using VWP, but as far as I know those problems are now resolved. If you entered the country just planning to spend as long as you could (3 months) getting to know your fiance then you did nothing wrong. Hopefully one of the very experienced VJ members will give an opinion before this thread is done

[emyardy 11]

I am totally with kiwi on this one. If I had to do it all over again, I would ditch the K-1 and just get married, then file for CR-1. My K-1 journey has actually been very quick, but I have seen people who filed CR-1 around the time I filed K-1, and we are not in vastly different stages of the processes. CR-1 is way less expensive in the long run, so that's a huge benefit.. Plus the beneficiary gets to work upon arrival, which is the thing I hate most about the K-1!

Good luck with making a decision!

[bigdog 376]

I entered in the Google search on the top of this page UKUH VWP 1CR1 and their were lots of hits, do some reading and you should be fine. I think it depends on your intent and what you told CBP upon entering. Good Luck working this out.

[amituttam82 5]

Honestly I think whether to file a K-1 or IR1/CR1 is dependant on the foriegn spouse's home country. Majority of the application processing is done here but the sticky part such as visa interview is done overseas. In our case I think filing a K-1 was the better option as my fiance's home country was India where the embassies can be picky about certain documentation and our circumstances where such that we couldn't finish the marraige on my most recent visit and could only arrange for a engagment ceremony. However since you are from UK it may be easier and faster for you to file a IR1/CR1. Find out how long it takes for each by perusing the timelines on VJ and filtering by UK for country. Best of luck!!

Edited October 5, 2013 by amituttam82