Advice Please

[Fatpossum 0]

Hi all,

I am a UK resident and want to marry my USC fiance. I met her in college in the states and we have been together for 3 years. I have been back and forth as I have tried to find out a way to stay and whilst spending Christmas with her, I proposed and we want to get married ASAP (being apart is killing us!)

I originally thought I might try and come in on a Visa Waiver, marry and apply for a change of status. This seemed like it would work out nicely as my current job contract expires in March, after which I have a 2 month trip planned to the south of Europe (half pleasure/half research into a new business). I was then looking at coming over in May with an idea to Marry in June.

However, I have realised after trawling numerous boards that this can be a very risky manouver (could be denied change of status, will have to wait for a while until I can work/leave the country) especially as we want a proper wedding with a bunch of my friends and family coming over. So it looks like a K-1 visa is the way forward.

However, this poses a couple of problems for me as I understand it takes around 8 months for this to be processed. My questions are:

1. Will I have to stay in the UK the the whole time this is being processed? I have had this trip planned for a long time and even have a buddy/business partner from the US coming over to join me so he might be a little non-plussed if I cancel. Not to mention, the knowledge gained will set me up for the future.

2. Is 8 months the average amount of time it takes for the K-1 to be processed?

3. Is it okay to have a "proper" wedding when I come to the states? I see alot of people have had civil weddings and then had a "proper" ceremony later. Is this due to the legality of the situation or just because its easier to have a quick ceremony on arrival and then plan a larger one later?

4. How much, roughly, does the process cost? As I will not receive my visa for the presumed 8 months, if I do go away to Europe, I will return in may and will have a period of 3 months before I can come out in which it may be difficult to find some temporary work. Ideally I would like to come straight out in May and look to work straight away but I understand this is impossible. I just need to budget as I obviously want to take a good amount of money out with me.

5. My fiance is in Med School and does not have a full time job, will this hinder my chances of obtaining a K-1 as she technically cannot support me?

Thanks for your help, sorry about the length, I am just trying to get my head around all of this!!!

[Sunshine86 0]

1. Will I have to stay in the UK the the whole time this is being processed? I have had this trip planned for a long time and even have a buddy/business partner from the US coming over to join me so he might be a little non-plussed if I cancel. Not to mention, the knowledge gained will set me up for the future.

You still can make your trip, however u have to be back in the UK for ur Interview..

2. Is 8 months the average amount of time it takes for the K-1 to be processed?

Look at the Immigration Timelines on this site, there u will see...

3. Is it okay to have a "proper" wedding when I come to the states? I see alot of people have had civil weddings and then had a "proper" ceremony later. Is this due to the legality of the situation or just because its easier to have a quick ceremony on arrival and then plan a larger one later?

Of course it`s easier for some people, that they do their civil weddings first..That they can start preparing for their AOS..But it doesn´t matter which one first, as long as u get married 90 days after ur arrival...

4. How much, roughly, does the process cost? As I will not receive my visa for the presumed 8 months, if I do go away to Europe, I will return in may and will have a period of 3 months before I can come out in which it may be difficult to find some temporary work. Ideally I would like to come straight out in May and look to work straight away but I understand this is impossible. I just need to budget as I obviously want to take a good amount of money out with me.

Since July 07 the fee for the petition increased to 455 $ thats the biggest part of all the costs..Then there is only the costs of the visa fee at the embassy, but i dont know right now how much it is (not more than a hundred i think),then the police certificate ....

5. My fiance is in Med School and does not have a full time job, will this hinder my chances of obtaining a K-1 as she technically cannot support me?

If you find somebody as a CO- sponsor u won´t have any problems

I hope i could help u a little bit

[YuAndDan 153]

1) FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? http://www.visajourney.com/faq/k1k2visa-application.html#4.6

2) More or less, for UK, usually less, it took us 8 months for China and China is considered to be one of the slowest consulates.

3) Has more to do with the 90 days of the K-1, you need to marry within 90 days of entry, so legal first, and then can plan a nice wedding, and are not rushed on the wedding plans.

4) It is not cheap by any means, Fee for I-129F ($455), Fee for Visa (DS-156) ($130), Fee for medical, Fee for adjustment of status (I-485) ($1010), Fee for vaccinations and supplement....

5) NO, US Citizen can use a co-sponsor, and US Embassy London allows beneficiary to provide their own support. http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html This is not needed until interviewing for the visa.

While your are researching stage, you may want to look at the CR-1 visa, you legally marry either in the USA or UK, and file I-130 for the visa, it takes a bit longer but has the big benefit of GREEN-CARD upon entry. I-130 ($355), NVC has some fees (I believe in the $400 or so range) and embassy fee for visa is a bit more. But NO ($1010) to adjust status, and can immediately take a Job in the USA using the Green-Card.

[gwenneh 7]

I originally thought I might try and come in on a Visa Waiver, marry and apply for a change of status.

That's illegal - coming in on the VWP with the intent to stay is visa fraud. Don't do it.

1. Will I have to stay in the UK the the whole time this is being processed? I have had this trip planned for a long time and even have a buddy/business partner from the US coming over to join me so he might be a little non-plussed if I cancel. Not to mention, the knowledge gained will set me up for the future.

You will have to maintain residence in the UK, however it is possible to travel to visit the US on the VWP after the process starts. Bring plenty of proof of your ties to the UK when you travel - bank statements, tenancy agreement, letter from your job, school schedule...anything that gives strength to the idea that you have reasons to return to the UK once your visit is up. Having your official visa paperwork, like your NOA1 and 2, can be a big plus.

2. Is 8 months the average amount of time it takes for the K-1 to be processed?

Depends on the case. You might be that lucky, you might get held in name checks or something else. No one can tell you for certain; all I can offer is that London is very quick compared to some other Embassies.

3. Is it okay to have a "proper" wedding when I come to the states? I see alot of people have had civil weddings and then had a "proper" ceremony later. Is this due to the legality of the situation or just because its easier to have a quick ceremony on arrival and then plan a larger one later?

This is usually due to the fact that you cannot count on when you will get the visa, so planning a wedding in advance is a bad idea. You also have 90 days to marry from the day you enter the country on the K-1, so many people elect to have a quick civil ceremony to satisfy this while planning for the bigger, more elaborate shindig later. Note: the consulate has NO sympathy for people who have shelled out money for deposits on a big wedding and then have to cancel because the visa hasn't been issued yet.

4. How much, roughly, does the process cost? As I will not receive my visa for the presumed 8 months, if I do go away to Europe, I will return in may and will have a period of 3 months before I can come out in which it may be difficult to find some temporary work. Ideally I would like to come straight out in May and look to work straight away but I understand this is impossible. I just need to budget as I obviously want to take a good amount of money out with me.

The charges are (but not limited to) the application fee, the medical exam, the actual visa fee, and a few other sundry charges they nickel and dime you with (courier, birth certificate copies, etc).

5. My fiance is in Med School and does not have a full time job, will this hinder my chances of obtaining a K-1 as she technically cannot support me?

She will have to show an income equal to 125% of the poverty level for the household size, including you. If she can't show that, then she will need to have a co-sponsor who can.

[msu17 0]

Your situation is very similar to what my now husband and I faced a year ago. I too am in medical school and he came over from the US. Anywho, we just used my mother as a cosponsor and have had no problems in filing the K1 or AOS. You can leave the UK for your trip and can even visit the US, though bring evidence that you are returning home. You just want to make sure you are home when the embassy sends you documents (after you get your NOA2). Just as an aside, it will take some time for you to be allowed to work in the US. JFK airport (last time I heard) gave out a stamp that allowed you to work on the K1 for 90 days. When you file for AOS, you also can file for a temp. work permit that usually takes around 3 months to get. We did manage to have the big fancy wedding on the K1 (rather than a civil ceremony and large wedding later) by planning at the last minute. Since we were fairly confident we wouldnt be denied or have name check issues, we started planning when we got the interview date. This is a BIG risk though, because if you dont get the visa by the time the wedding roles around, you are SOL. Regarding how long it takes to get the K1, we got it 5 months after filing, but we filed Feb 07, and so it only took us 3 months to get our NOA2. Its now taking a lot longer to get this, so check the timelines at the top of the page to check others with similar situations to see how long others are taking. Good luck to you both!

[Fatpossum 0]

Thanks for all your replies, its good to have some light shed on the situation! I think we may go for the civil ceremony approach as the last thing I want is for our big day to come around and me not to be there! I know it shouldn't but it just feels like a bit of a cop out though...I feel like this whole process has takes some of the "magic" out of the engagement/wedding. Still I suppose its the being together which counts ultimately!

I need work out the best approach plan but will try and start on the forms this week, the quicker they're submitted the sooner I (hopefully) will get over.