Getting To America Quicker!

[Derbys12 0]

Hi people not sure if i posted this in the correct place or not?....

Right what it is, my divorce here in the UK is nearly final, Sues has a few months to go yet in the USA.

We were going to Apply for the K1 visa, but we were wondering, would there be a quicker way?..

So desperate to be together!!..... would it be quicker if she came here and married me then we went to USA?? or not, and which route would that be?..... Any help at all would be MUCH appreciated!..

I saw someone on here went through VWP and got married and stayed!, done through an immigration Attorney, is that a possible route?....

Thanks guys!..

LOVE YOU SUE!!! XXX

[raymaga 25]

When you enter the US on the VWP, and then marry, it must be a totally spur-of-the-moment and unplanned thing. To enter the US on the VWP with the intentions of marrying and staying in the U.S. is not allowed.

You would have the responsibility at your AOS interview of proving that you decided to marry spur-of-the-moment. And, as I understand it, if your AOS is denied, there is no chance for an appeal. Someone will correct me if I am wrong here.

Your choices would be to apply for the K-1 Visa or the K-3 Visa. Both require that you are both able to marry each other, which would require your divorce documents to be sent in with your applications. So, if you are both not divorced yet, you will have to wait to apply for either.

Good luck with whichever route you choose.

[luvaLimey 0]

It takes a while to get to the US whether it's with a K-1 (fiance) visa or a K-3/CR-1(spouse) visa. If your goal is simply to be together sooner, and you both have the flexibility of here or there, I'd suggest the USC going to the UK on a fiance or spousal visa, since it's only a couple of weeks to get one of those by post. You can then apply for a Spousal visa and wait it out together in the UK. Or stay in the UK together.

Depends on what other things you have going on in your lives.

[Karen_L 1]

Honestly, the K-1 might take longer than just visiting and marrying under the VWP, but I think it's the smarter, better choice and you will run into fewer issues that way. Also, in the scheme of things... no one likes to be far away from their fiance'/e, but it's a few months (unless something weird happens with your case, which it probably won't) and, speaking as someone who's maintained a long distance relationship for nearly 2 years, you would find ways to feel close despite the distance and the time DOES pass. I'm DEEPLY in love with my fiance' and it always hurt to be so far away, but it's possible to do when the end result is a nice, legal way to be together and have financial stability at the same time. Think of it as a temporary sacrifice to enable future happiness?

Your other option is to try to stay in your fiance's home country during the processing of the visa and do Direct consular filing. You would still have to wait for the visa to live in the US and get married there, but at least you'll be together. You will probably also have to apply for a visa yourself to be allowed to live in your fiance's country, unless you already have a visa.

Good luck!

[Joel Halfwassen 0]

I'm still a pusher of the CR-1. You don't have to mess with all of the work permit garbage. You get to the USA and go to work...just like the everyone else.

Joel

Edited July 13, 2006 by Joel Halfwassen

[Jaylen Brit 0]

Yup if you marry you can DCF from the UK if you are both living there.

If he can't emigrate to UK (which btw is extrememly fast and a lot LESS hassle than emigrating to the US), then K1 or K3 - you take a big risk trying to abuse the VWP by using it as a fast-track marriage entry - and it's illegal as your intention WILL be to emigrate and settle and not just visit when you enter at POE.

As someone already mentioned, at AOS the burden of proof will be on YOU to show that no such intent existed at time of entry (which would be a lie, as your intention is stated as marriage in your post) and if they decide that this is the case a denial COULD lead to a lifetime ban.

For the sake of a few months, its not worth it IMO.

K1/3 doesn't take THAT long in the scheme of things and you won't be looking over your shoulder or worrying about a possible issue come time for adjustment either.

Good luck with your choices and hopefully the pending divorce will come thru soon.

[rebeccajo 14]

I doubt that these two want to wait in the UK the length of time it would take to establish residency there to file a DCF.

If I remember this poster, I believe there are also children involved who will be emigrating?

[Tim and Bethanie 1]

I think you guys would have a difficult time if she were to come there on a fiancee visa in order to marry. That is unless your work and housing status has changed, you will have to show you can support her and any children she might bring. I think you are looking at this route, which would be DCF, if that is the case Sue would then have to have ILR (indefinete leave to remain). London doesn't always accept DCF'ers if the beneficiary has been in the UK less than two years, some get lucky after just over a year there. Still feel like your quickest and safest option is going to be wait until the divorces are final and go for the K-1. Mind you she could come visit up to six months during your process, which might help, just remembering she is going to need to work in order to show support for you on the US end. I feel strongly against you going over on a VWP and marrying, simply because there is a lot of physical evidence pointing to the fact you are very interested in doing this, not only have you posted this question here, but also on BE, and the smaller group we are both members of. That could come bite you in the ####### later if you had to prove you had no intentions of staying in the states when you entered at the POE.

B

[shirlJ831 0]

I dont think there is any faster way not with these pple

[Lou Lou 1]

Agreed with Bethanie You've been spreading around a lot of places asking about the VWP etc. and in my opinion you're asking for trouble if you go ahead and do it. You just never know who's out there reading these boards...

Go the legal route so you don't risk any trouble for you and your kids.