overwhelmed - US/UK

[no name 1]

Hi. I'm new here & apparently, WAY BEHIND on my visa stuff. We got engaged in March, he's in the UK, I'm in the States. I had no idea a fiance visa takes 4 months?

I've been researching everything. Is it any easier/faster to go to the UK, marry there & file with the US embassy there? We've been apart too long already. The US filing seems very long & complicated.

I left London in November (student visa ran out). Would I have to go in on a fiance visa for the UK? Could I work on it?

I'm just beyoind sadness with all of this, and finding out we have to be apart longer than planned.

[sassasdave 0]

Sorry but as you spend more time on this site you will find there is a lot of people worldwide in the same position as you. You must file your paperwork in the US and wait like everyone else. Sorry

[rebeccajo 14]

First of all, not to be overly blunt, but 4 months is the least time it will take.

You can no longer enter the UK on the VWP and marry, so that is out.

You can obtain a fiance visa to the UK - my understanding is its fairly quick.

However, if your ultimate goal is to live in the States, then you will have to file a visa for him at some point, which will likely involve some separation. The process is unlikely to get any easier - indeed in the future it may probably become more complex - JMHO.

Edited April 29, 2006 by rebeccajo

[no name 1]

Sorry I am new to allof this.

Is VWP the visa waiver thing? My lawyer mentioned it but I didn't listen well, there was too much other info. Did you enter then change your status to fiancee after 60 days?

Sorry but as you spend more time on this site you will find there is a lot of people worldwide in the same position as you. You must file your paperwork in the US and wait like everyone else. Sorry

[rebeccajo 14]

Yes, VWP is the visa waiver thing.

You cannot enter the UK and file for a fiance visa whilst there. You must return to the States.

The filing processes here, while they require some thought and attention to detail, are not really that overwhelming. There's tons of information here. Take some time to read, carefully, and then we can help you get it done.

Edited April 29, 2006 by rebeccajo

[no name 1]

sigh. It's all so overhwelming.

Do you know anything about entering on a VW, and then changing to fiancee after 60 days here? My lawyer mentioned it.

First of all, not to be overly blunt, but 4 months is the least time it will take.

You can no longer enter the UK on the VWP and marry, so that is out.

You can obtain a fiance visa to the UK - my understanding is its fairly quick.

However, if your ultimate goal is to live in the States, then you will have to file a visa for him at some point, which will likely involve some separation. The process is unlikely to get any easier - indeed in the future it may probably become more complex - JMHO.

Sorry I meant the VWP here in the States.

Yes, VWP is the visa waiver thing.

You cannot enter the UK and file for a fiance visa whilst there. You must return to the States.

[rebeccajo 14]

You can file for his visa while he is here. We did that.

But he must return to the UK for his medical exam and interview.

[elizaxyz 0]

Hi. I'm new here & apparently, WAY BEHIND on my visa stuff. We got engaged in March, he's in the UK, I'm in the States. I had no idea a fiance visa takes 4 months?

I've been researching everything. Is it any easier/faster to go to the UK, marry there & file with the US embassy there? We've been apart too long already. The US filing seems very long & complicated.

I left London in November (student visa ran out). Would I have to go in on a fiance visa for the UK? Could I work on it?

I'm just beyoind sadness with all of this, and finding out we have to be apart longer than planned.

I guess it depends on where you want to live. A UK fiance visa can be obtained fairly easily, assuming he can provide evidence he can support you. My best friend filled out the paperwork, went to the embassy in New York, and had the visa within two hours (I try not to seethe with jealousy when I compare that to the US procedures!) Her case was very straightforward, though, so her experience may be atypical.

If you then wanted to bring him back to the US, though, you'd have to apply for a spousal visa, which as I understand it isn't any faster than applying for a fiance visa-- me and my fiance considered marrying in the UK and then having me return to the US and apply for the spousal, but we decided that we didn't want to be separated once we were married.

Edited April 29, 2006 by elizaxyz

[Rebster 0]

Yes, technically, it would be quicker & easier for the two of you to be together if you came to the UK on a fiancee visa. A UK fiancee Entry Clearance is quick to get (about a week). You would not be able to work while you were here on that. After the marriage you could stay in the UK if you apply for a Limited Leave to Remain stamp from the UK Home Office. That would entitle you to stay for 2 years & work while you're here. You could stay in the UK while his US Visa is being processed.

However, there are quite a few disadvantages to you going that route. Firstly, you will not be able to apply for his US Visa at the consulate because you will not be considered a permanent resident here in the UK. You will have to apply at the USCIS servicing the state you live in now. The process for the CR1 will stay take months and months. You could apply for a K3, but that will take about as long as the K1 fiance visa would've taken. In the meantime, you will have spent an awful lot of money moving to the UK & not being able to work for a few months.

It really comes down to what works for you. If it's only about being together & money is no object, then coming to the UK to get married & do the paperwork may be what you want. However, if you can be patient with the paperwork to get him there on a US fiance visa, then you will have saved some money & won't have to deal with visas from both countries.

Good luck in whatever you decide!

[no name 1]

Thanks for all that info.

I think he's upset about the timing. We just didn't know. Our fault.

The plan was to move to America, since he's never lived here. I lived there for 2 years, we shoulda gotten married while I was there. Now I have no status there anymore.

Guess it's all about the K1. But what about visa waiver that can be changed to fiancee?

Yes, technically, it would be quicker & easier for the two of you to be together if you came to the UK on a fiancee visa. A UK fiancee Entry Clearance is quick to get (about a week). You would not be able to work while you were here on that. After the marriage you could stay in the UK if you apply for a Limited Leave to Remain stamp from the UK Home Office. That would entitle you to stay for 2 years & work while you're here. You could stay in the UK while his US Visa is being processed.

However, there are quite a few disadvantages to you going that route. Firstly, you will not be able to apply for his US Visa at the consulate because you will not be considered a permanent resident here in the UK. You will have to apply at the USCIS servicing the state you live in now. The process for the CR1 will stay take months and months. You could apply for a K3, but that will take about as long as the K1 fiance visa would've taken. In the meantime, you will have spent an awful lot of money moving to the UK & not being able to work for a few months.

It really comes down to what works for you. If it's only about being together & money is no object, then coming to the UK to get married & do the paperwork may be what you want. However, if you can be patient with the paperwork to get him there on a US fiance visa, then you will have saved some money & won't have to deal with visas from both countries.

Good luck in whatever you decide!

[rebeccajo 14]

Hon, slow down! Go look at your other threads.

Oh, and stop beating yourself up saying 'our fault'. Who out there knows how this works? You just need to educate yourself, that's all.

[Kez/JWolf 6]

you can not change a visa waiver for a K1 after 60 days.... visa wavier can not be changed for anything...... it is a 90 days stay only then you have to leave the US....

Kezzie

Edited April 29, 2006 by Kezzie