British perspective on my situation

[dustingthestars 9]

I've been a member for a little while and I keep posting the odd question here and there. I just thought it would be a good time for me to get some feedback from some fellow Brits that are going through or having been through London recently and can maybe offer some feedback, constructive or otherwise? The information I have already gleaned from the forum has been invaluable. I'm now, rather selfishly, looking for some specific guidance to my issues and concerns.

I'm British and my other half is the USC. I've been pondering the visa process for a little while now and am still no clearer on how to proceed. My fiancée and I still aren't sure whether to get married and apply for the CR-1 or to apply for the K-1 and then marry in the US.

The facts of our situation, and some questions regarding some of the points, are as follows:

• She's 25 and I'm 32. I have been married before and only just recently completed my divorce (Until I met my fiancée I just hadn't needed to divorce as my ex-wife and I decided that we wanted to follow the 'no blame, divorce after 2 years of separation' route) Is this likely to be of concern to USCIS or the Embassy? There was nothing untoward about the delay in divorcing and my partner has known of the situation right from the start. Is the age gap likely to be an issue?
• She hasn't worked in a couple of years as she has a daughter, she'll be turning 4 shortly. Her step-father makes 100k a year and wants to be co-sponsor. He's fully aware of the responsibilities he's signing for. Is the fact that my fiancée isn't earning anything at all likely to count against us, even though her step-father is willing to co-sponsor?
• Is the fact that I spent time working in Libya, pre-revolution, likely to hold things up at all? It's probably a non-issue but I like to have an idea if they pay particular attention to things like that?

If anyone can provide information, either through experience or anecdotally, I would be very grateful. I'd like to think that I have a straightforward case, but I never like to take anything for granted. I would also be grateful if people could weigh in on the practicalities of choosing CR-1 over K-1 or vice-versa? I you need me to fill in any gaps or you need some specifics, just ask away.

Thanks for wading through my little entry and I look forward to hearing what you guys have to say...

Mark

[wee carrington 33]

I've been a member for a little while and I keep posting the odd question here and there. I just thought it would be a good time for me to get some feedback from some fellow Brits that are going through or having been through London recently and can maybe offer some feedback, constructive or otherwise? The information I have already gleaned from the forum has been invaluable. I'm now, rather selfishly, looking for some specific guidance to my issues and concerns.

I'm British and my other half is the USC. I've been pondering the visa process for a little while now and am still no clearer on how to proceed. My fiancée and I still aren't sure whether to get married and apply for the CR-1 or to apply for the K-1 and then marry in the US.

The facts of our situation, and some questions regarding some of the points, are as follows:

• She's 25 and I'm 32. I have been married before and only just recently completed my divorce (Until I met my fiancée I just hadn't needed to divorce as my ex-wife and I decided that we wanted to follow the 'no blame, divorce after 2 years of separation' route) Is this likely to be of concern to USCIS or the Embassy? There was nothing untoward about the delay in divorcing and my partner has known of the situation right from the start. Is the age gap likely to be an issue?
• She hasn't worked in a couple of years as she has a daughter, she'll be turning 4 shortly. Her step-father makes 100k a year and wants to be co-sponsor. He's fully aware of the responsibilities he's signing for. Is the fact that my fiancée isn't earning anything at all likely to count against us, even though her step-father is willing to co-sponsor?
• Is the fact that I spent time working in Libya, pre-revolution, likely to hold things up at all? It's probably a non-issue but I like to have an idea if they pay particular attention to things like that?

If anyone can provide information, either through experience or anecdotally, I would be very grateful. I'd like to think that I have a straightforward case, but I never like to take anything for granted. I would also be grateful if people could weigh in on the practicalities of choosing CR-1 over K-1 or vice-versa? I you need me to fill in any gaps or you need some specifics, just ask away.

Thanks for wading through my little entry and I look forward to hearing what you guys have to say...

Mark

I know for a fact that exact age gape will be absolutely NO issue.

USCIS shouldn't be concerned about the length of time it took you to divorce your ex as long as you have the proper divorce decree/certificate.

I think most people on here will suggest to you the CR-1 visa-- it saves money. The only downside is that after you are married you will have to spend a period of time apart (not living together), you can visit each other during this period of time though.

[david'sgirl 134]

My husband is Scottish so we went through London.

I am older than him by a few years. I've never heard of anyone having a problem going through London with an age difference.

As long as your police reports are clean I don't think being in Libya will matter.

If she has a co-sponsor I don;t think that will be an issue. Basically the government just wants to be sure no one is coming over and going on the dole so they need to be sure someone will be responsible for you.

We met while both separated from spouse's and had just not bothered to file yet. Once our divorces were final we got engaged. Since we gave them copies of the documents the timeline is clearly visible and it never even came up at the interview.

We chose the CR1 because back in 2009 when we got engaged the wait for a K3 or K1 was longer. It was so simple for me to get a visa to get married over there. I applied online, followed the instructions, got my biometrics at the local office and mailed in my passport which was sent back with my visa in it. The entire process was about two weeks. We booked a registrar's office in Portree and got married over there during a trip we had already planned which became our honeymoon. The registrar let us do a lot online and by mail. I had to make out forms and they have to post it for two weeks in advance. You need to get the marriage divorce extract documents to prove you are both free to wed.

The tough part was living apart while we waited for the interview but the CR1 was cheaper and it allowed him to immediately get a social security card, work and drive here. You do not get to work right away on the K1.

If you have specific questions try sending a message to David (scotinmass on VJ) he is my husband and he has been through it from your perspective and could offer more advice.

[dustingthestars 9]

Thanks for coming back so quickly, guys!

You both talk a lot of sense and it's made me realise that I really need to get a handle on my tendency to over-complicate processes in my mind. It's already a stressful enough time without making unnecessary stresses to pile on top of the genuine ones!

My only concern with the CR-1 is the fact that you have to prove that you have intermingled finances and whatnot. How do you do that if you're not living together or never have lived together? Other than that I'm definitely leaning towards the CR-1 because of the practicalities involved such as having the EAD and SSN from the get go! We both want to be together as quickly as possible but we want to do it in a way that minimises stress and issues once I get to the US.

Staying on the CR-1 theme, does that mean that there's no AOS?

David's Girl, thanks for the suggestion about getting in touch with your husband. I'll take you up on that at some point I'm sure as there's nothing quite like advice from someone that's been through the process, is there?

Anyone else is more than welcome to weigh in. It can't hurt to have other opinions in the mix!

[Nich-Nick 3,354]

I've followed London for a long time now and have read hundreds of stories, so here's my thoughts--

She's 25 and I'm 32. I have been married before and only just recently completed my divorce (Until I met my fiancée I just hadn't needed to divorce as my ex-wife and I decided that we wanted to follow the 'no blame, divorce after 2 years of separation' route) Is this likely to be of concern to USCIS or the Embassy? There was nothing untoward about the delay in divorcing and my partner has known of the situation right from the start. Is the age gap likely to be an issue?

Absolutely not an issue...the age or the divorce. USCIS doesn't evaluate morals and wonder about relationships prior to divorce. I've known many. Kim (a K1 filing friend who became a mod) filed one day after divorce papers became final.) Many others have been short spans. As long as you are free to marry, you're good.

Tip: the UK divorce decree is sometimes RFEed because it doesn't have a judges signature. I've read at least 5 cases where an adjudicator didn't realize it was the way UK divorce papers look. What I did was photocopy in color so the red court stamp showed up. Then I used a light yellow highlighter to mark the text saying something like "on this date became final." And at the bottom in tiny footnote print on the right it says decree nisi or final. (Totally trying to remember the words without pulling out my copy but you'll find it) Hightlight that little footer too. It's so far down the page, it cuts off on American copy paper. Anyway the highlighter has helped some people with their RFEs when I suggested that to them

She hasn't worked in a couple of years as she has a daughter, she'll be turning 4 shortly. Her step-father makes 100k a year and wants to be co-sponsor. He's fully aware of the responsibilities he's signing for. Is the fact that my fiancée isn't earning anything at all likely to count against us, even though her step-father is willing to co-sponsor?

Not a problem. Many cases are the same. When she does the Affidavit of Support I-864 (London if CR1 or with Adjustment of Status if K1) she will have to include a statment why she has not filed an income tax return. It is as simple as "In the years 2009-2011 I earned $0.00 and thus was not required by the IRS to file a tax return. I swear under penalty of perjury..." Just include the exact amount earned if any, and a perjury/oath statement. Just pick some wording off the bottom of one of the forms that has an oath above the signature.

Is the fact that I spent time working in Libya, pre-revolution, likely to hold things up at all? It's probably a non-issue but I like to have an idea if they pay particular attention to things like that?

Highly possible. London has the option to do further security checks following the interview. Based on country of birth, visits or work in certain countries, or special skills/training you can be put through AP (administrative processing) that can hold up your visa for months. London does this. Most India or Pakistan born are delayed. I think is was 'treehugger' (British born and bred) who didn't tick any of the boxes but had AP for like 8 months then seemed to drop off VJ. It's all rather secretive because it involves national security so they won't say why or how long. Anyway, prepare for the possibility and be happily surprised if you aren't put in AP. Here's a page geared toward business visas, but gives a good description of the security checks. http://www2.gtlaw.com/practices/immigration/newsletter/archives/017/item07.htm

I think CR1 is the best visa if you can work out time to marry before getting started. You can marry on a visit to the US on VWP, then leave and begin the process. Or she could start the K1 immediately. It's whatever suits your time schedule in many cases. With a CR1, you can work immediately upon entry into the US. That might be a plus for you to get independent of the inlaws sooner since she doesn't work. With a K1, you have to marry, get the official certificate, file for AOS and EAD. It could take minimum 4+ months before you could work, even if you did everything quickly.

Costs

CR1 route = $912 + £259.50

$420 (USCIS) I-130

$88 (NVC) Affidavit of Support fee

$404 (NVC) Immigrant Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

K1 route = $1760 + £259.50

$340 (USCIS) I-129F

$350 (Embassy) Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

[Ellesse 11]

I think CR1 is the best visa if you can work out time to marry before getting started. You can marry on a visit to the US on VWP, then leave and begin the process. Or she could start the K1 immediately. It's whatever suits your time schedule in many cases. With a CR1, you can work immediately upon entry into the US. That might be a plus for you to get independent of the inlaws sooner since she doesn't work. With a K1, you have to marry, get the official certificate, file for AOS and EAD. It could take minimum 4+ months before you could work, even if you did everything quickly.

Hi there

Just to add to what has already been posted here - I notice the first two posters did the IR/CR route and think that Nich-Nick did the K1 route, which I am currently in the process of going through. I'm here in the US and am currently waiting for my AOS to be approved. With regards to which route to take, as Nich-Nick says, it really does depend on your preferences with regards to time, cost, whether you want to be together or apart straight after you marry etc.

From my own personal perspective, I would probably do the IR/CR route if I had to do it again. I've been in the US since October and have not been able to work as yet (although my EAD is pending) and I think this can be a really stressful issue for couples newly together when you want to really just enjoy finally being in the same place! Having to work out when to get a driving license, how to fill the time prior to work etc. can be unsettling (and you can feel like you have no status because..well..you don't!), and I think if you're able to get to the US, work, drive, etc. straight away, I think that can only help the transition. I'm extremely glad I did the process either way, as I'm happy to be here with my husband, but that's what I'd do if I 'had my time over'.

Good luck with whatever you decide.

L

[dustingthestars 9]

Nich-Nick,

I appreciate you taking time to share your thoughts.

Good point about the divorce paperwork. I read about the very thing you mentioned about the Decree Nisi being rejected because of the wording/misunderstanding by USCIS. I will definitely be taking your advice about getting it colour copied and taking a highlighter to it!

I can't tell you how much of a relief it is to hear about the Affidavit of Support not being an issue. That was my biggest, biggest fear.

Libya was a 10 week thing back in 2010. I went over on a 6 month Business Visa, but only needed to stay 10 weeks in the end. I then applied for my Russian Work Visa and it was approved and returned to me in 16 hours, albeit that was before the revolution. However I do know that I don't need a Police Cert. as I wasn't there long enough - should make that part a little easier at least?

I can't believe how much cheaper the CR-1 is vs. the K-1. As a practical, logical and pragmatic person, I can't help but lean towards the CR-1 - it means that I can hopefully start contributing from the start. I'm guessing that the CR-1 takes longer because of the EAD and such like being processes simultaneously?

L,

Thank you as well for your perspective. It does seems as though there is a lot of support for the CR-1 in this neck of the woods. I must admit to having favoured the K-1 initially as that's all I knew about, but having decided to read up a but more on the CR-1, it does seem to make a very convincing and compelling argument in it's favour!

Edited January 13, 2012 by dustingthestars

[Nich-Nick 3,354]

I can't believe how much cheaper the CR-1 is vs. the K-1. As a practical, logical and pragmatic person, I can't help but lean towards the CR-1 - it means that I can hopefully start contributing from the start. I'm guessing that the CR-1 takes longer because of the EAD and such like being processes simultaneously?

One difference in time is the NVC stage. A K1 normally passes through in 3 days, just long enough to get assigned a new case number (LNDxxxxxxx) and forwarded to London. A CR1 has all the greencard things done at NVC. It's kind of like the AOS process happening before the visa is issued.

A note on your marriage proofs. If you haven't been married very long, they realize you can't have a lot of joint things. It may be only the marriage certificate and some wedding day pics. Most CR1s haven't lived together because they're in different countries. Two years later you will have to remove conditions on your greencard (Both visas do that.) That's when you really need to submit lots of marriage proofs in order to get your 10 year greencard. I'll let the CR1 folks weigh in on what marriage evidence they provided with the I-130 because we did K1.

Just another random comment. It is possible to start the K1 now and your processing/visa interview could be in Moscow if you're comfortable with that. I know you plan to be there awhile.

Edited January 13, 2012 by Nich-Nick

[dustingthestars 9]

I knew that I should have posted much sooner. All the fears I had in the back of my mind for the last 6 weeks or so have just been dispelled in the space of a couple of hours courtesy of some lovely VJers!

Interesting, so by the time the CR-1 gets to interview, I'm guessing that they've done a lot of checking and research behind the scenes that with a K-1 wouldn't normally be done until you were in the US? It would be good to hear from more CR-1 filers to see what kind of stuff they submitted with their application and what they took to interview.

I did initially think about doing the K-1 in Moscow but I'd just feel happier being back in the UK where I can easily obtain extra copies of documents or receive mail from my fiancée in a couple of days rather than a lifetime. In order to clarify that, I received a letter from my bank in Moscow that is situated 1 mile from my apartment, it took the letter 37 days to arrive. I thought that it must have come from somewhere else in order to be delayed that long - nope, the branch confirmed they posted it themselves. I can't be doing with that kind of added stress to an already potentially stressful process. Does that make sense?

I was planning on leaving Moscow in August as I need a break having worked 12 years non-stop. My plan was to then file for K-1, but what a difference a few hours make. The CR-1 is now head and shoulders above the K-1 in all categories. So I will be thinking of leaving Moscow in August and getting married ASAP after that. I will take paperwork with me when I go to the US next so she has it ready to file as soon as we get married.

[cathy2904 97]

We had not lived together when we submitted our I-130 so all we enclosed as proof was three affidavits from people who knew us as a couple. We were approved with no RFEs (apart from a request for a copy of Trevor's naturalization certificate when he got his citizenship). I received my visa in just over 7 months from the submission of the petition so it can go pretty quickly - would have been even quicker if it hadn't taken a month from NOA2 to NVC case number!

Edited January 13, 2012 by cathy2904

[dustingthestars 9]

Thanks for your take on the process, Cathy.

7 months seems pretty nippy. You mentioned signed affidavits from people that know you as a couple? I hadn't considered that. I guess that I'm just going to send in a whole load of paperwork and whatnot! Sounds like it was a breeze for you? What was the interview at London like?

[wee carrington 33]

I totally see where you're coming from, if it were me I would also feel more comfortable doing it all from with in the UK. I'm not basing that on anything concrete, just a personal preference-- peace of mind I guess.

Here's the consulate reviews for London: http://www.visajourney.com/reviews/index.php?cnty=United+Kingdom&cty=&dfilter=5

You might be interested in giving them a read, just to get a better handle on what goes on. I know I used to enjoy reading through them before my husband had his interview.

[cathy2904 97]

Thanks for your take on the process, Cathy.

7 months seems pretty nippy. You mentioned signed affidavits from people that know you as a couple? I hadn't considered that. I guess that I'm just going to send in a whole load of paperwork and whatnot! Sounds like it was a breeze for you? What was the interview at London like?

Affidavits are on the list of things that count as evidence of an ongoing relationship:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full name and address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or

6. Any other relevant documentation to establish that there is an ongoing marital union.

They were just about all we could provide at the time. We had wedding photos of course but they don't prove an ongoing relationship.

My interview was very straightforward. As Mrs GH has suggested, read my review and others - you will see that there is generally nothing to be anxious about in London as long as you are prepared.

[dustingthestars 9]

Mrs GH, I just don't like the idea of having an interview in what is perceived, anecdotally, as a high fraud risk country. It's a personal thing and I'm not casting aspersions on any one that has been though or is going through the Moscow Embassy.

I have to admit that I've worked my way through a good portion of the reviews already. I think the problem can be reading the scare stories from other countries and then assuming their stories and outcomes apply to your own situation, but I believe, from the reviews and comments on the UK forum here on VJ, that London does a lot of the work beforehand and the interview tends to be, in most cases, a formality - I'm happy to be corrected in this regard, but comments and reports on this website lead me to generally believe I'm correct in this respect. I get the impression that you don't have to take cart loads of documents to the interview like in other Embassies and you are not subjected to the degree of questioning, unless for a good reason, as other Embassies dish out.

[wee carrington 33]

The key is to be prepared and you're obviously not a leave-it-to-chance kind of guy. I am sure you will be well prepared and therefor have no problems!