Applying for K1- we both live overseas: Help!

[iseult 0]

I'm finding lots of information on how to bring him over while I'm in the US, but both of us are living in England (I'm American, he's British) and planning to move to the United States later in the year. I can't find a lot of the information I need. Help!!

My questions are:

1) Is the K-1 process the same even though we're both overseas?

2) Do I need to provide proof of support and where we'll be living? I've been a student and he's the breadwinner in this relationship, although I do have a few thousand saved. We will just be staying with my parents when we get to the US, until we get on our feet.

3) How soon can he start working?

Thanks so much,

Jocelyn

[TwoCats 55]

Since you are both living together overseas, why not get married there and file for the CR-1/IR-1 spouse visa instead? It's a less expensive process.

You will still need to show proof of support. You may want to ask your parents if they are willing to co-sponsor.

After entering the US on a K-1, you must get married within 90 days, and then file for AOS (Adjustment of Status) along with EAD (Employment authorization). It could be months before he is able to work.

However, with the CR-1/IR-1 he'd be able to work immediately, as he would get a green card upon entry. (I think. Not as familiar with that process as K-1.)

Edited March 21, 2011 by TwoCats

[iseult 0]

Ugh, I was afraid you'd say that. It's about impossible for us to get married here because my job doesn't have me in the country long enough for us to fulfill the requirements, and my parents are elderly with no income.

I guess we're staying in the UK!

Thanks for the info.

[Tyeger87 10]

The CR1 spouse visa is another option BUT most embassies have a residency requirement so make sure you meet that.

As for the K1 visa, applying abroad is the same as applying in America, you pay the same fees and have to send it to the same texas lockbox.

You still have to show your ability to support your fiance so ask a parent to be a co-sponsor.

[SophWeb 25]

You could always fly to the US together, get married here (which is perfectly legal so long as you have no immigration intent), and then go back to the UK as a married couple. I'm almost positive that the UK recognizes US marriage certificates so long as they are officiated properly.

That way you wouldn't have to worry about dealing with a UK marriage, but you would still be considered married, and therefore qualified to apply for a US spousal visa.

[* Kristin * 49]

You can do that, if you can show proof of both of your returns to the UK. You will have to settle in the UK for a while though before trying to move to the US, I reckon.

I could ask my friend what their lawyer advised, if you're really curious.

If you want to marry and settle in the US, do you have any remaining friends that could co-sponsor your I-134?

You could always fly to the US together, get married here (which is perfectly legal so long as you have no immigration intent), and then go back to the UK as a married couple. I'm almost positive that the UK recognizes US marriage certificates so long as they are officiated properly.

That way you wouldn't have to worry about dealing with a UK marriage, but you would still be considered married, and therefore qualified to apply for a US spousal visa.

[SophWeb 25]

You can do that, if you can show proof of both of your returns to the UK.

Yes, definitely. But that's easy enough, just bring proof of renting, employment letters etc. Plenty of people come to Vegas to get married and the US doesn't bat an eyelid.

You will have to settle in the UK for a while though before trying to move to the US, I reckon.

Why? That doesn't make any sense. There is no 'minimum years you must be married' to file for a Spousal Visa. You only need to prove that it is a bonifide marriage, and that can be done through pictures, rental agreements, joint bank accounts etc