Do my circumstances apply with the K-1?

[Stuart&Angela 0]

I'm a US citizen currently living in the UK on a spousal visa. I came here with my husband back in 2009. My husband, not long after bringing me here decided that this would be an awesome time to have a pre-midlife crisis. He broke up with me as if I were his girlfriend rather than his wife. He refused any form of counselling and promptly began boozing and banging teenagers in the bed that we shared as a married couple while I slept on a single bed in the computer room. Good times. (( Age of consent in the UK is 16 btw ))This is just a small sampling of what went on.

I filed for divorce in 2010 and cited 'unreasonable behavior' and making sure not to skimp on the incidents in the particulars section. Despite my brutal honesty he read it and signed without protest. Little did I know he cheated on me months prior to the break with a teen mother who lived in a council estate and I could have cited worse but, he's out of my life and that's what's important. The reason that I make mention of all of this is because I want to firstly establish that this was not a wishy-washy 'we couldn't agree on wallpaper and cite irreconcilable differences' divorce.

After the break I got involved with someone new. Someone epic and so full of win that he's now my fiance (Stuart). Ironically enough we've been friends for 5 years and I met him not long after I first met my husband (2005). We began living together not long after I filed for divorce and we've pretty much been inseparable ever since. Everything happens for a reason right? Since the terms of my visa have now changed due to my being in the midst of a divorce I need to change my visa to a 6 months visitors visa so that I can get my affairs in order here and arrange accommodation in the states.

Long story short we plan to file the K-1. There are a few factors that were confused about. Firstly, we've been living together for a year. Does this require a different form? Tick a different box? Also, we're not sure if it would be easier to get married here in the UK or in the USA. Ideally we'd like to get married here because Stuarts father won't be able to make the wedding in the states and I'm pretty sure his Scottish gran will kill us both or at the very least beat us with a blunt instrument if she doesn't see her favorite grandson get hitched...I've met her, she'll do it.

Basically we'd like to take the easiest route and ideally without having to separate from one another. We've been sleeping side by side for the past year and on top of being retarded for eachother, we're best friends. Any help would be appreciated

[Nich-Nick 3,354]

To USCIS it doesn't matter why you got divorced or your sleeping arrangements with your fiance. You are either free to marry (K1 fiance visa) or married (CR1 visa).

K1- enter the US and marry there within 90 days. Can't leave and expect to get back in until he has filed for Adjustment of Status and received his Advance Parole Travel document for re-entry or his greencard.

CR1- marry anywhere, apply for visa, enter the US as a greencard holder authorized to work and exit/re-enter US freely.

Everybody is looking for a way to stay together during the fiance process. It's just not that simple.

[wee carrington 33]

I'd go the CR-1 visa route if you want to get married in the UK. Do you have a Settlement visa for the UK right now? Or am I getting confused, are you going back to the US just now?

The only way you'd be able to stay together is if you stay in the UK with a valid visa and you can prove residency. If you can prove to them you are a resident of the UK and that you have lived there for 6+ months you are eligible to do Direct Consular Filing, but! you will (at the interview stage) need to prove your intent to reestablish domicile in the US and you will most likely need a joint sponsor.

If you move back to the US you will have to endure a period of time where you can not be with one another.

Edited January 5, 2012 by Mrs GH

[bigdog 376]

See which works for you your 1CR1 will in most cases not be one in 6 months. Both of you will travel to us and an embassy interview, obviously different times. If you get married in England he comes to US approved for a Green card. After what we went through and reading your post I would get married apply for married. You will have a short separation, vs to rounds of interviews K1 and GC in USA. http://www.visajourney.com/content/times Check the processing times. Good Luck.

[noamoore 0]

I just wanted you to know that I loved that story. especially the last part. Good Luck to you and Stuart)) and his Gran)

Mar.30, 2009 met online

Sep.28, 2009 met in Moscow

Jul.9, 2010 visit in Moscow

Sep.9, 2011 sent I-129f

Sep.12, 2011 NOA1

A lot of waiting

Jan.3, 2012 NOA2

[Gary and Alla 3,694]

Requirements for the K1 are exceedingly simple.

1. YOU (petitioner) must be a US citizen, born or naturalized.

2. You must have met the beneficiary in person at least ONE time in the last 24 months

3. You must both be free to marry (single or divorce finalized)

4. You must have a US address (domocile) It can be a relative's address, does not matter

5. You must BOTH sign a statement saying you intend to marry each other within 90 days of the beneficiary's arrival in the US

Thats it. They do not give a rat's @ss about your former husband, except that you ARE divorced.

Now the somewhat complicated part. YOU must provide that you will be able to support your fiance, which means you must have a job or substantial assets or a co-sponsor. Your fiance will not be able to work for some months after his arrival on a K-1, if that is not a problem for you, then no worries. If it IS a problem then get married first and file for a CR-1 and then come to the US. If you ahve been living in the UK for more than 6 months legally, you can get married there and file for a CR-1 at the consulate (called a DCF) which is by far the fastest and easiest route.

You still need to show how you will support your husband in the USA. A job is the UK does not count UNLESS you will keep that same job in the USA

[Stuart&Angela 0]

Thanks everyone for your responses

OK, so The CR-1 route might be the best option. The only problem that I can foresee is that I'm presently in the UK on a 2 year residence permit but as my marriage has broken down and the divorce is final on the 01/24/12 I will have to leave, however the UK home office is allowing me to remain here for a while to get my affairs in order etc even after my divorce goes though. I think they will switch me to an extended visitors visa though, will I still be able to file though the CR-1 route if I get married here?

[wee carrington 33]

Thanks everyone for your responses

OK, so The CR-1 route might be the best option. The only problem that I can foresee is that I'm presently in the UK on a 2 year residence permit but as my marriage has broken down and the divorce is final on the 01/24/12 I will have to leave, however the UK home office is allowing me to remain here for a while to get my affairs in order etc even after my divorce goes though. I think they will switch me to an extended visitors visa though, will I still be able to file though the CR-1 route if I get married here?

You can still file CR-1, however, I'm not sure if you would still be eligible for DCF (which would allow you and your husband to stay together in the UK until he got his visa). If you can not file DCF (direct consular) then you will have to return to the US when your visitor visa is up and wait for him to get his visa (he will have to stay in the UK or return to the UK if he comes to visit you for a period of time).

Edited January 6, 2012 by Mrs GH