A couple pieces of advice?

[mocat19 0]

Hi, everyone! So far I'm finding this forum VERY helpful.

So here's the situation. My fiance is from the UK. We have been planning our wedding for nearly a year now and have everything booked and set to go for July. Now, up until about two weeks ago, our definite plan was to get married in the States and have him go back to continue working and find us a place to live while I applied for a UK spouse visa. Just recently, I was given a promotion at work and we have decided that financially speaking it would be better for us to live in the States for a couple of years until I can work my way into a transfer to the UK through my job. Based on your experiences or your understanding of how this visa system works, should we even bother applying for the K-1 fiance visa or should he go back to the UK after we get married and just apply for a spouse visa or a green card? Our only worries about him going back and waiting for a green card is that he is currently a student and has to move out of his current housing arrangements by June. Since we're not planning on moving there any more, he will not have a place to stay unless he lives with his parents (which is not a problem but is still not appealing to him for various reasons). Based on what I've seen, green cards are taking a very long time to process, which is another concern of ours.

Anyways, the question again is: Should we apply for the fiance visa since we are locked into our wedding date and it is less than 5 months away (the current processing time according to the visa website)? Any advice is welcome!

[slangofoil 50]

Hi, everyone! So far I'm finding this forum VERY helpful.

So here's the situation. My fiance is from the UK. We have been planning our wedding for nearly a year now and have everything booked and set to go for July. Now, up until about two weeks ago, our definite plan was to get married in the States and have him go back to continue working and find us a place to live while I applied for a UK spouse visa. Just recently, I was given a promotion at work and we have decided that financially speaking it would be better for us to live in the States for a couple of years until I can work my way into a transfer to the UK through my job. Based on your experiences or your understanding of how this visa system works, should we even bother applying for the K-1 fiance visa or should he go back to the UK after we get married and just apply for a spouse visa or a green card? Our only worries about him going back and waiting for a green card is that he is currently a student and has to move out of his current housing arrangements by June. Since we're not planning on moving there any more, he will not have a place to stay unless he lives with his parents (which is not a problem but is still not appealing to him for various reasons). Based on what I've seen, green cards are taking a very long time to process, which is another concern of ours.

Anyways, the question again is: Should we apply for the fiance visa since we are locked into our wedding date and it is less than 5 months away (the current processing time according to the visa website)? Any advice is welcome!

You really can't do the K-1 if you're unwilling to change your wedding date. He has to be your "fiance" when he enters the US on a K-1, not your "husband". I would not apply for the K-1 with the hope it will be approved in time for your June wedding. I think that's unlikely.

Wait until you have your wedding and then apply for the CR-1.

Or you can go ahead and get married now in a quickie legal wedding, apply for the CR-1, and still have your bigger wedding in June for friends and family.

The fiance and the spousal visas take around the same time roughly but things change month to month based on USCIS workloads. To be on the safe side I'd plan on a 6-9 month wait for a visa, whichever way you go. If it takes less time that will just be a bonus.

[Penguin_ie 5,995]

It's possible, but unlikely you'd get the fiance visa in less than 5 months if you haven't even started yet.

[pushbrk 13,033]

You really can't do the K-1 if you're unwilling to change your wedding date. He has to be your "fiance" when he enters the US on a K-1, not your "husband". I would not apply for the K-1 with the hope it will be approved in time for your June wedding. I think that's unlikely.

Wait until you have your wedding and then apply for the CR-1.

Or you can go ahead and get married now in a quickie legal wedding, apply for the CR-1, and still have your bigger wedding in June for friends and family.

The fiance and the spousal visas take around the same time roughly but things change month to month based on USCIS workloads. To be on the safe side I'd plan on a 6-9 month wait for a visa, whichever way you go. If it takes less time that will just be a bonus.

I agree. The caveat is that there's no guarantee he'll be allowed to enter the USA for the wedding. Expect a problem if when asked "purpose of visit?" he answers, "to get married". He'll want to give a truthful but more generic answer to that question, like "holiday" or "to visit family and friends". He should also bring evidence he's expected back at his job etc. It's a very frequently discussed issue, so you can read up on it.

I know personally of one example where the groom was sent to secondary inspection upon arrival and they say a marriage license in his briefcase. He was denied entry, couldn't attend his own wedding or go on the paid for honeymoon trip because the flight left from inside the USA. Be very careful about planning weddings with foreigners entering as visitors. It's legal but entry is never certain.

[slangofoil 50]

I agree. The caveat is that there's no guarantee he'll be allowed to enter the USA for the wedding. Expect a problem if when asked "purpose of visit?" he answers, "to get married". He'll want to give a truthful but more generic answer to that question, like "holiday" or "to visit family and friends". He should also bring evidence he's expected back at his job etc. It's a very frequently discussed issue, so you can read up on it.

I know personally of one example where the groom was sent to secondary inspection upon arrival and they say a marriage license in his briefcase. He was denied entry, couldn't attend his own wedding or go on the paid for honeymoon trip because the flight left from inside the USA. Be very careful about planning weddings with foreigners entering as visitors. It's legal but entry is never certain.

Yup, I was going to make that caveat but I knew someone more knowledgeable would come by and give more specifics.

[TracyTN 237]

I concur with the other posters. Doesn't sound like the K1 is feasible for you at this point.

As an aside, I would get his US citizenship as soon as he's eligible (3 years after he becomes a green card holder) - that way, you won't have to deal with US immigration once you move back to the UK - and in the event you may ever want to come back here. Sort of a 'keep your options open' kind of thing.

[elmcitymaven 9,712]

It is more than possible to enter on the VWP, get married and return to the UK. It is exactly what my husband did (although I was returning with him). He was asked on entry what the purpose of his visit was, and he said "to get married to my American girlfriend who lives with me in London, celebrate Christmas, visit with friends and family, and then return to London with my American wife." They asked for his return ticket, he showed it, and was let in. It's good to be prepared with evidence that he intends to return to the UK. I know more than a few people who have done just this with NO hitches. Good luck and congrats on your upcoming wedding!

[mocat19 0]

Thank you everybody for your input! You pretty much confirmed what I was essentially thinking but I was hoping maybe there was a glimmer of possibility for us so he could come here sooner rather than later.

So now here's another question: Is he allowed to visit the U.S. while his fiance visa is being processed as long as he shows a return ticket? Because what we're thinking of doing is having the ceremony since we've already spent a non-refundable $300 deposit for the reception and $160 on invitations we can't return. When he flies in, he'll just tell immigration he's here to visit and show his return ticket. Our ceremony will be just that; no marriage certificate or license yet (we've got a friend officiating, which will make this easier). Then when he gets his visa he'll come back and we'll apply for our license and have our ordained friend sign the papers for us. Does that sound like it makes sense to you? Is it just legal enough to make sure he doesn't get deported?

Who knew a promotion could cause so much trouble??