Random Question

[gap1 21]

This is a complete hypothetical (not something Im considering, Im just curious).

My fiancé is a UK citizen. I was browsing random forums and it looks like a UK spousal visa only takes a few weeks to obtain (grr). We are not abandoning our plan for him to move here, especially given the fact that weve already invested so much time and money into the K-1 process. I was just curious, if this ends up taking an obscene amount of time to process (and, judging from the apparent CSC shutdown, it looks like it will for us), if we could have a Plan B. If we decided to give up on this petition (as were very tired of this long distance situation), could we just get married in the US and apply for a spousal UK visa instead (Id move there) or would that basically screw him over for when he wanted to move to the States eventually? Would they see that as fraudulent activity if we married on a tourist visa with a K-1 pending?

Again, just out of curiosity.

Edited October 6, 2010 by gap1

[Amyyduck 20]

If you give up on the K-1 and go with plan B to marry while he's here on a tourist visa and then have both of you move to the UK, you'd need to formally withdraw your K-1 application. As long as you withdrew it accordingly, there shouldn't be any concerns about fraudulent activity because it would no longer be pending.

[gap1 21]

Thanks. It's just frustrating to read the UK can process everything in a few weeks (some people got it in a few business days).

To make people wait nearly a year just to be able to get married and live in the same country is cruel.

[Amyyduck 20]

Thanks. It's just frustrating to read the UK can process everything in a few weeks (some people got it in a few business days).

To make people wait nearly a year just to be able to get married and live in the same country is cruel.

Couldn't agree more. Is there any particular reason you're set on living in the US for now? I know you mentioned once you'd like the two of you to move to the UK eventually. Why not now? You could be together a lot sooner.

[gap1 21]

Well he has a lot more money than I do at the moment and can survive without working for a few months while we wait for work authorization. Also he has his heart set on living here for a few years first before going back (we're both really excited to live in each other's countries).

[Amyyduck 20]

Ok fair enough about wanting to live in each other's countries. But as for the money thing, I guess it could be different for you depending on your values but when I get married, everything that is mine suddenly becomes "ours." If he has money saved up with which he could support himself while he didn't work, it goes without saying that he has enough money saved up to support you until you could work in the UK.

You guys should really consider what's most important to you in this situation. If the answer is being together as soon as possible, then maybe you two should consider living in the UK for a bit and then moving to the US later. You can always move back to the UK after that, or do whatever you want.

Just errant thoughts I suppose..

[gap1 21]

I know, and of course it would be considered "our" money, but I wouldn't want to drain him of his savings. It's definitely something to consider. I thought this process would take around 5-7 months tops and it's starting to look like we'll be in this awful waiting game for potentially another year if things keep moving at this pace. I also thought the UK took just as long to process this stuff; I had no idea it was so much quicker there.

If we decided to scrap this K-1, wouldn’t we just have to wait a million years to go through a K-3 when we decided to move to the States or could we wait it out in the UK together until approval then move over?

[Amyyduck 20]

I know, and of course it would be considered "our" money, but I wouldn't want to drain him of his savings. It's definitely something to consider. I thought this process would take around 5-7 months tops and it's starting to look like we'll be in this awful waiting game for potentially another year if things keep moving at this pace. I also thought the UK took just as long to process this stuff; I had no idea it was so much quicker there.

If we decided to scrap this K-1, wouldn’t we just have to wait a million years to go through a K-3 when we decided to move to the States or could we wait it out in the UK together until approval then move over?

I think, though I'm not 100% sure, that if you were both living in the UK legally you could do DCF. (Direct Consular Filing) which would entitle you to remain together in the UK while the visa was processed. It would end with the same result as the IR1/CR1 and I think on average it's much faster with an estimated processing time of 3 months.

[Amyyduck 20]

You can read about it Here: http://www.visajourney.com/content/dcf

and here: http://london.usembassy.gov/dhs/uscis/i130filing.html