Help.....

[Hotfone10 0]

Hi, I am a UKC wanting to marry my USC boyfriend and immigrate to the states. I have been travelling back and forth to the USA for 5 yrs. We have a 3 yr old son together born in the UK. His father's name is not on the birth certificate but he does have his father's surname on his passport. Me and my boyfriend were wondering whether for him to file for a fiancee visa. Or for us to marry in the US and then file for a spouse visa while I'm there. I would return back to the UK while it is being processed.

What would be the quickest and easiest way to obtain the correct visa? Would i have to file for my son even though his father is a USC?

Many thanks for any advice.

[Nik+Heather 121]

Quickest visa is the K1. It's the most expensive and you have to wait months after you get into the US before you can work.

Cheapest is CR-1 (spousal). You can, as you mention, marry in the US and file for it, and even wait out a good portion of the processing time while you stay (90 days max).

Actually, with both visas you are allowed to visit - you'll need to show proof of ties back to the UK.

You will have to look into reporting your son's birth abroad, as his father is a USC, he is eligible for US citizenship. US Citizens don't need visas, and neither will your son. - once you get it worked out. http://www.usembassy.org.uk/cons_new/acs/p...s/robirth4.html

[Anh map 2,098]

As the OP stated that the child's father isn't listed on the birth certificate would the parentage have to be proven by a DNA test? The link to the London Embassy site doesn't address that issue. Would going to the embassy to ask for guidance be the right step? Or perhaps a posting in the UK forum for others from the UK to offer their experience with this?

Definitely CR1 is the best visa. The immigrant gets a green card after entering the US.

[Hotfone10 0]

Thank you, very grateful for the advice.

Seeing as you've been through this. Is it as long winded as it seems?

[Hotfone10 0]

What is a CR1?

What is the process in obtaing that visa?

[JimVaPhuong 4,863]

What is a CR1?

What is the process in obtaing that visa?

CR1 is "Conditional Resident 1" immigrant visa for the spouse of a US citizen when the marriage is less than 2 years old. Marriage of longer than 2 years is IR1, or "Immediate Relative 1". The main difference is you'll get a conditional green card after arriving in the US. You and your wife will petition to have the conditions removed and get an unconditional green card in 2 years.

The I-130 form is used for most immigrant visas. Click on the "Guides" link at the top of the page and read the guides for CR1/IR1.

[Dakine 26]

I'm surprised you haven't done a CRBA and got your child US citizenship yet. The child doesn't have to be listed on the BC. Pops may be required to do a DNA test tho. Beats the hassel and cost of having to take the kid thru the immigration process

[Allie and Nigel 2]

Yes, definitely do the REPORT OF BIRTH ABROAD form for the son ....the US citizen dad has to file it, very easy form...no worries on that one...however u gotta prove he's the dad somehow....I did that and the i-130 about 15years ago, very worth it process, my daughter is a dual citizen-a very nice thing to have!