So Confused! Please help

[galatie 0]

Hi everyone!

I have been researching and reading up on various forums over the last few days, but I am still really confused about the US immigration process, so please excuse me if my questions have been answered before! I would really be greatful for any advice.

I am a US citizen. My fiancee is Belgian. We both live in London, he has been working here for the past year and I am a PHD student. Ultimately, we want to settle in the US in the long run, but right now, can imagine spending the next year or two in either the US or UK quite happily.

I am thinking the below are our options:

1. Sponsoring my fiancee on the K1 fiancee visa. However, if I understand correctly, I can only apply for the I-129F at a USCIS service center in the the US. Does that mean that I have to fly home to the US, send in this application, and wait in the US for it to get approved before my fiancee can come and we can get married? Or, can I apply for the I-129F and return to London and wait for the documentation to be approved? If we do go through this route, does that mean that my fiancee has to intend to settle in the US right after marriage, or can we wait a year or two to decide if we want to settle in the US or UK? I am worried that although the K1 route is generallly the quickest to be processed, we will be separated for quite some time, and I am trying to minimalize this.

2. Option two is for my fiancee to come to the US under the visa waiver program, we get married, and we both return to the UK together as husband and wife. While in the UK, he applies for the CR-1, as we can submit the I-130 at the US Embassy in London, from what I understand. While we wait for the visa to get approved, I am thinking this option might be good for us because at least it will allow us to be together and minimalize separation time? My fiancee is a Belgian citizen, but he is exercising his EU treaty rights by working in London. I hope I am correct in assuming that the paperwork/interivew can be processed at the US Consulate in the UK, and not Belgium?

3. Option three is to apply for the K3 visa, but from what I have read, this is costly and doesn't speed up the application process that much quicker, so am pretty much ruling out this option.

I am sure that there are even more options to consider, but I havent gotten that far yet! In addition, I am pretty sure that we will marry in the US. However, if we decide to marry abroad, ie, in the Caribbean, does this change the process in any way and make things already more complicated?

I hope someone can shed some light into these questiosn for me. Thanks very much!!

[TeapotGirl 66]

1. Sponsoring my fiancee on the K1 fiancee visa. However, if I understand correctly, I can only apply for the I-129F at a USCIS service center in the the US. Does that mean that I have to fly home to the US, send in this application, and wait in the US for it to get approved before my fiancee can come and we can get married? Or, can I apply for the I-129F and return to London and wait for the documentation to be approved? If we do go through this route, does that mean that my fiancee has to intend to settle in the US right after marriage, or can we wait a year or two to decide if we want to settle in the US or UK? I am worried that although the K1 route is generallly the quickest to be processed, we will be separated for quite some time, and I am trying to minimalize this.

1. You don't have to be physically in the US. As long as you can mail in the supporting papers of the I-129F like your cert. true copy of your BC, Divorce papers if applicable,in the TX lock box then your are good. If you don't have it right now, you can ask somebody to get it for you if possible.

2. K-1 visa is a non-immigrant visa. The beneficiary will be giver 3 months to marry the petitioner and if she/he failed to do so, he/she has to leave the US.

3. You can be with the beneficiary while waiting for the entire process to finish. Just be prepared with the documentation that you can support your fiance with your ITR and W2 in the following months.

Edited December 14, 2011 by TeapotGirl

[TimeTravel 78]

#1 - K1 Route - I am not much aware about this, so wait for some VJ members answers.

#2 - CR1/IR1 - Using Visa Waiver Program, and get married in USA may be risky esp when we knew that his main intention was to come and get married in US. It cant be said like that he went there as a tourist but fell in love and got married. If he says at POE, he just wants to access in USA to get married, then will be back in London, then his entry can be denied.

It is better that you both may get married in UK.

After that, apply for I-130 application even you are in UK, and all process can be taken care from UK.

#3 - Yes, K3 is almost dead. Skip this route.

Hope it helps.

Edited December 14, 2011 by iwaiting

[TeapotGirl 66]

If we do go through this route, does that mean that my fiancee has to intend to settle in the US right after marriage, or can we wait a year or two to decide if we want to settle in the US or UK?

Not really. I personally took this route so I can get the feeling if I wanted to stay in the US or not. Me and my fiance can practically live anywhere after marriage but I am just uncertain with things specially with the weather that I am not accustomed to. I do not have the privilege like your fiance does to enter in the US just whenever he want so K-1 visa is my only option to try out and weigh things first before jumping into a huge decision of being staying in the US for good.

K-1 visa is a non-immigrant visa. The beneficiary will be giver 3 months to marry the petitioner and if she/he failed to do so, he/she has to leave the US.

Edited December 14, 2011 by TeapotGirl

[galatie 0]

#1 - K1 Route - I am not much aware about this, so wait for some VJ members answers.

#2 - CR1/IR1 - Using Visa Waiver Program, and get married in USA may be risky esp when we knew that his main intention was to come and get married in US. It cant be said like that he went there as a tourist but fell in love and got married. If he says at POE, he just wants to access in USA to get married, then will be back in London, then his entry can be denied.

It is better that you both may get married in UK.

After that, apply for I-130 application even you are in UK, and all process can be taken care from UK.

#3 - Yes, K3 is almost dead. Skip this route.

Hope it helps.

Thanks everyone for the replies so far. Initially, we were thinking of getting married in the UK, but from what I have read, it is quicker and alot less paperwork/hassle for us to get married in the US. To marry in the UK, I would have to switch from my student visa into a different visa category, and apply for a fiancee visa, and after this, a further spousal visa. To marry in the US without the intent to settle, I thought that my fiancee wouldn't have to come over on any visa, but perhaps I am wrong on this? Can someone clarify?

I am glad to see however that we can apply for either the I-120 or I-130 in the UK however, I really didnt want to spend months with nothing to do in the US, waiting for the paperwork to come through.

Edited December 14, 2011 by galatie

[TeapotGirl 66]

Thanks everyone for the replies so far. Initially, we were thinking of getting married in the UK, but from what I have read, it is quicker and alot less paperwork/hassle for us to get married in the US. To marry in the UK, I would have to switch from my student visa into a different visa category, and apply for a fiancee visa, and after this, a further spousal visa. To marry in the US without the intent to settle, I thought that my fiancee wouldn't have to come over on any visa, but perhaps I am wrong on this? Can someone clarify?

I am glad to see however that we can apply for either the I-120 or I-130 in the UK however, I really didnt want to spend months with nothing to do in the US, waiting for the paperwork to come through.

Spousal visa (immigrant visa) has lesser paperwork when the beneficiary arrives in the US just a little longer wait time compared to K-1. Click here to weigh your options.

I am under the impression that anybody who would like to marry a USC in the US without a certain intention to stay there just yet has to be on K-1 route. I could be wrong but I am seeing beneficiaries from Belgium here. I am just not sure how US treats the Belgians though, immigration wise I mean.

Edited December 14, 2011 by TeapotGirl

[Ryan H 3,819]

To marry in the US without the intent to settle, I thought that my fiancee wouldn't have to come over on any visa, but perhaps I am wrong on this? Can someone clarify?

Belgium is a Visa Waiver Program (VWP) participant country so you and your fiance can come to the US and get married as long as he leaves before his authorized stay expires.

[yachachiq12 43]

Yes, you can enter the US with your fiance on VWP with intent to marry and then return abroad. There's no problem with that, just be honest at the POE and bring evidence of his ties to home in case questions come up with CBP.

Can someone address whether or not they would later be able to file via DCF while residing in the UK with her Belgian national husband in order to speed up the CR-1 process when they're ready to return to the US for good?

Once married and back in London, if you're thinking of emigrating to the US in a year, go ahead and file the I-130 to the lockbox in the US and let the process run its course. As a resident in the UK, he should be able to have his interview in London, too, but he'll have to get police paperwork and such from Belgium and anywhere else he's lived that qualifies for that.

Point being: file the I-130 from abroad to the US once you are ready to emigrate within the year. Once he's issued a CR-1 visa, he'll have to use it to enter as an immigrant before its 3-month expiration date, so don't file too early.

[Adriene H 89]

Thanks everyone for the replies so far. Initially, we were thinking of getting married in the UK, but from what I have read, it is quicker and alot less paperwork/hassle for us to get married in the US. To marry in the UK, I would have to switch from my student visa into a different visa category, and apply for a fiancee visa, and after this, a further spousal visa. To marry in the US without the intent to settle, I thought that my fiancee wouldn't have to come over on any visa, but perhaps I am wrong on this? Can someone clarify?

Hiya,

I got married in England (June 2011) and did not have to obtain

any other visa. I was on a 6 month tourist visa

[galatie 0]

Thanks everyone, for all the replies. It has really cleared many things up for me. I know that this was briefly addressed, but once we are back in London and ready to emigrate back to the US, would I be able to file through DCF? I have been living in the UK since 2008, but I do not have indefinite leave to remain (ILR), which I think is needed to apply via this route? I have to renew my visa to stay in the UK every year. However, once I marry my partner, maybe I will be considered a resident by then?