Best Way To Proceed

[rjclarke 0]

Hey guys, So Im new to the forum, and new to allllll this, It takes some getting your head around for sure.

My fiance is American, and I am English, my main question is, what way do you suggest is best going with this? My fiance is hopefully going to be visiting in the new year once her work commitments are done, and we plan on probably marrying here in the UK. Which is where all my questions are, Namely, Is this the best thing to do? Ive read about a hundred different visas and processes, as we have decided that we can have a better life together in California.

Is it best to get married here in England?

Best to be married and apply for the CR-1 visa, or to go to the US on a K visa and marry there?

The way I see it is that I have to go through the visa process nomatter what, but if I have a K visa we need to go through the process twice, to change to permenant resedency, and this will all take ages! Or will it? Is there much difference between these processing times for non immigraant and immigrant visas? Is it not therefore best to go straight through the permenant visa process?

I am aware the process can be taken in the uk if my fiance is here, would that help us as far as time is concerned? or are the papers still sent to go through the lengthy months long process in america?

As far as the process in england goes, I know the 130 forms CAN be submitted in england as I said, does my fiance have to live here to do that? could she not submit these forms in the uk and if necessary return home while the process happens, or must she be living here?

And lastly I have read about my spouse having to proove she earns enough money to support me, although il be getting a job once we move. What forms are these, and is that necessary as I do not see that step in any of the CR-1/IR-1 tutorals i have read.

Thanks for helping us, we are a young couple and its all a little overwhelming. Is paying a lawyer worth it, or can we really manage this?

Thanks guys

[canadian_wife 1,802]

http://www.visajourney.com/content/compare

Read the comparason guide listed above, note the K3 visa is no longer available. Find out which visa is best for you

Immediate work and travel, as well as cost, important to you? Then the Cr-1 is for you. Speed? Then the K-1 as you can file that today

In order for the forms to be submitted in the UK, the USC must be a legal resident (not a tourist) for a minimum of 6 months before the forms can be filed in the UK

YES - regardless if you plan on working in the US, your (then) wife will need to submit evidence that she can support you at 125% above the poverty line, this is the I864 (if filing a spousal visa). Google I-864 instructions for additional help with that.

Read the guides listed here once you decide on the best route

Good luck

[* Kristin * 49]

I think it is easier to get married in the foreign country and bring your then-spouse over... but I believe UK has a residency requirement for getting married there. I am sure there are some folks who can confirm what this is...

Either visa you go with, she'll need to meet income requirements, listed here:

http://www.uscis.gov...form/i-864p.pdf

Personally - I think it's easy enough to do yourself; VJ is a great resource w/ so many knowledgeable folks.

Hey guys, So Im new to the forum, and new to allllll this, It takes some getting your head around for sure.

My fiance is American, and I am English, my main question is, what way do you suggest is best going with this? My fiance is hopefully going to be visiting in the new year once her work commitments are done, and we plan on probably marrying here in the UK. Which is where all my questions are, Namely, Is this the best thing to do? Ive read about a hundred different visas and processes, as we have decided that we can have a better life together in California.

Is it best to get married here in England?

Best to be married and apply for the CR-1 visa, or to go to the US on a K visa and marry there?

The way I see it is that I have to go through the visa process nomatter what, but if I have a K visa we need to go through the process twice, to change to permenant resedency, and this will all take ages! Or will it? Is there much difference between these processing times for non immigraant and immigrant visas? Is it not therefore best to go straight through the permenant visa process?

I am aware the process can be taken in the uk if my fiance is here, would that help us as far as time is concerned? or are the papers still sent to go through the lengthy months long process in america?

As far as the process in england goes, I know the 130 forms CAN be submitted in england as I said, does my fiance have to live here to do that? could she not submit these forms in the uk and if necessary return home while the process happens, or must she be living here?

And lastly I have read about my spouse having to proove she earns enough money to support me, although il be getting a job once we move. What forms are these, and is that necessary as I do not see that step in any of the CR-1/IR-1 tutorals i have read.

Thanks for helping us, we are a young couple and its all a little overwhelming. Is paying a lawyer worth it, or can we really manage this?

Thanks guys

Edited March 28, 2011 by * Kristin *

[Amy and Nick 37]

Pretty sure you need a visa for the UK to get married here!

My opinion? You say your fiance should be visiting in the new year. Do you mean next year? You need to decide a couple of things:

Do you need to be able to work as soon as you get to the states (or can you wait at least 3 months)

If yes, you need to go the CR-1 route (be married first)

Do you have some disposable income, or do you need to make the visa process as cheap as possible

If money is not really an issue, then you may want to go ahead and get started on the K1 straight away.

Is time a factor, do you want to get this done asap?

If you are wanting to get moving on this process, you probably need to take a trip over to the states and marry there then file the I-130 etc. OR you want to get the K1 moving.

Tell us some more info, and we can help you further with costs/timing!

Good luck

[rjclarke 0]

Thanks for some replys already guys, I just checked in on the poverty guidlines you listed, and have a question, It lists 2 person household at 18,387 is this what my fiance needs to earn for us both, or is this what she needs to earn to support me, plus 18,387 for herself?

When do these earnings forms need to be submitted? along with the 130? or a certain time after?

what is the real layout of the process? as far as im aware its

filing the 130

its recieved by uscis

its accepted by uscis

its forwarded to nvc

then forwarded to london embassy

london embassy ask me for documents

then interview

then accepted

what steps am i missing?

[canadian_wife 1,802]

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Read the above link for the procedures. You aren't quite right on the steps you listed

$18387 is for both of you (assuming no kids on either side)

I-864 is submitted to NVC< look at the link above

Good luck

[rjclarke 0]

Well the way I looked at is was a visa is a visa as far as the process goes. If i go through the fiance visa and then go there to marry i have to chance status and rego through it all, that wasnt necessarilly an issue, i just saw that if i was going through the process anyway that i may as well be going through the permenant one than wasting my time on a fiance visa.

My fiance will be coming hopefully in january of 2012, its some time off but i really need to get my head around all of this, we would have started the process now but my fiance isnt 18 until later in the year.

[canadian_wife 1,802]

Yeah...no, can't start it until she is 18

Out of curiosity...how old are you?

If your fiance doesn't make enough, she can use a co-sponsor, any USC. Maybe her parents?!?!?

Good luck

[rjclarke 0]

Im 21, My fiance is in the entertainment industry and makes enough money to meet the requirement, so thats not an issue, her parents could support if necessary. Ive just looked into marriage in the uk, and she just needs to obtain permission to enter for marriage without intention to reside, that allows her to come for six months and costs £70

Edited March 28, 2011 by rjclarke

[JoannaV 173]

You're right that the K1 visa does involve extra steps. I don't know when it is she turns 18, but the CR1 probably is the way for you to go.

If you want to get married in the UK (which sure does have the benefit of being able to celebrate with all your UK family/friends before moving) then the K1 would not be an option anyway.

Other than getting the permission to enter for marriage, she will also have to be in England for a little while before you marry. I can't remember how long, it may vary between parishes, but you generally have to give public notice of your marriage first so people have a chance to come forward and say you're already married lol. I can't remember if it's 9 day or 3 weeks or what, but it's not that long altogether. If you want to be as speedy as possible, you should fill out the I-130 and accompanying forms before you get married. Make sure she brings her birth certificate and anything else with her. Then as soon as you get your marriage certificate you can send off the I-130, without having to take out too much time from your newly married life :-) Then, you wait. She can stay in the UK for 6 months (if she does then maybe best not to do a honeymoon abroad) and then must return to the US, where you could visit her. But if she is able to stay for that long then you really won't be apart much at all after you marry! If she stays in the UK for a while then that may affect her ability to sponsor you, but if her parents are prepared to be joint sponsors then that is not a problem.

[rjclarke 0]

I was looking at the process taking place here in england, as stated she will need to be here six months for papers to be filed here, so Im thinking its probably best for her to return home and file them there, i could return back with her for a little while as a honeymoon. Im just thinking if we file here we need to wait six months before we can, wheras if we file in the states it could all be going through for those six months, therefore id be having my interview hopefully as opposed to just starting the process....Am I right in thinking that? I suppose im wondering the big question everyone asks, how long will it take? is the california center a good or bad one? Im imagining in my head a process from filing to cr-1 of 8 or 9 months, is that realistic?

[rjclarke 0]

I was looking at the process taking place here in england, as stated she will need to be here six months for papers to be filed here, so Im thinking its probably best for her to return home and file them there, i could return back with her for a little while as a honeymoon. Im just thinking if we file here we need to wait six months before we can, wheras if we file in the states it could all be going through for those six months, therefore id be having my interview hopefully as opposed to just starting the process....Am I right in thinking that? I suppose im wondering the big question everyone asks, how long will it take? is the california center a good or bad one? Im imagining in my head a process from filing to cr-1 of 8 or 9 months, is that realistic?

I also have a question about the 130 process as listed http://www.visajourney.com/content/i130guide1

It appears that nearly all of the interview documents, are the same ones sent to NVC, is this right? I dont understand why if my spouse has sent nvc in the states her tax returns and immigrants birth certificate etc, these need to be given again? I read that the documents CAN be returned or forwarded to the embassy, so, is this right? I have to send my documents to my spouse, who submits them to nvc, who then send them back to england for my interview? Im confused

[canadian_wife 1,802]

They do not need to be given again. NVC will submit the originals to the consulate. It is good advice to bring additional copies if necessary.

Good luck

[Amy and Nick 37]

Generally people take copies of everything to the interview *just in case* things go missing. This is also the first time meeting face to face with the person who will effectively be deciding your future, so taking as much as possible to the interview is generally how people go!

The benefit for filing in England (DCF) is that you would be living together. If you apply while she is still in the states, then you will be facing some time apart, but most people DONT do DCF for one reason or another.

8-9 months is a fairly realistic estimation. Things have been a bit warped lately as there was a big USCIS screw up with them sending thousands of petitiong to the Texas Service Center, so timelines are a bit messy!

[JoannaV 173]

She can still be in the UK and file in the US. Basically, anyone who doesn't qualify for DCF has to do SCF. That means sometimes there are people actually living in the UK who have to do SCF as they are on some weird visa and the Embassy doesn't accept them for SCF! So you guys can file as soon as you get your marriage certificate, even if she is still with you in the UK. Just make sure there is someone who can open her mail back in the States in case you get a request for evidence. But other than that possibility, it will be several months before anything else will need doing.

(Although, things change very quickly. I filed my I-130 in August 2009 and was approved in 20 days. So there is no way of saying quite what will be going on a year from now. Never make your plans too concrete lol.)