Advice for a newbie

[Rob82UK 0]

Hello All,

Let me fill you in with some details, I met my Fiancé over 2 and a half years ago and have roughly visited every 2 to 3 months to the USA to visit, we are very much in love and wanted to be with each other so badly, but I have a good job here in the UK so it was decided we would work out all the finer details, save some money and just be together as much as possible by visiting until we sort out how to live together permanently. Well I proposed to her in August 2012 with a view to get married later this year and get the ball rolling in the right direction, as August 2013 is when I have been in my current job for 3 years I thought after that time would be a good point to look into getting a job in the USA, I am an IT guy and work on Satellite internet systems for yachts and ships etc. However after a visit late 2012 I have had the surprising but very happy news just over a week ago that my Fiancé is now expecting a baby! She is only a month or so and now this has really changed the timescale! So what s my best option?

I have had people tell me that its so difficult to get into the USA now?

I have also been told that I should get a social security number before anything as it will make me eligible to work and get a drivers licence, bank account etc before full right to reside in the USA? But I am not overly confident with the source this came from!

Any advice would be gratefully appreciated, the internet is a minefield of information and people wanting your money when it comes to immigration, so just want to get some friendly free advice from others in similar situations, before I have to pay out!

Thanks

Robert.

[KennyJ 10]

One of the option is to file for K1 visa, it would take average 8-12 months. And I believe once she files you can't visit her until your K1 visa is approved.

[caly 48]

Welcome to VJ!

You have two options available to you at this point:

1) Apply for a fiance visa (also known as the K-1), wait 8-12 months, get approved, get married in the US then adjust status here in the US. You can visit her (using VWP, I assume) during the process as long as you are able to prove strong ties to the UK to show that you will be returning home after your visits. Note that the K-1 is a non-immigrant visa and you will not be able to work for at least a few months upon arrival. This option is also more expensive in the long run.

2) Get married first, then apply for a spousal visa (CR-1). The wait is about 8-12 months as well. When your visa is approved, you will enter as a Legal Permanent Resident and will be able to work almost immediately. Again, you can visit while the paperwork is being processed.

Look here for a comparison between the two visa types: http://www.visajourney.com/content/compare

Ignore the K-3 visa type on the chart as the K-3 is an obsolete visa.

Edited January 10, 2013 by caly

[Rob82UK 0]

Thank you for your replies.

So am I able to just travel under the visa wavier program (esta) whilst waiting on the decision of the residency visa? And will my maximum single period stay be 3 months like now?

Will the authorites give any priority to those with children? As my fiance will give birth in september and I would like to be there to suport them both finacially and obviously not miss out on my childs first months of life.

Thanks again in advance.

[LeftCoastLady 441]

Thank you for your replies.

So am I able to just travel under the visa wavier program (esta) whilst waiting on the decision of the residency visa? And will my maximum single period stay be 3 months like now?

Yes, but you will need to ensure to provide proof that you will be returning each time. Be sure to read the "Yes, you can visit" thread pinned at the top on what others have encountered and typically bring just in case CBP requests additional information.

Will the authorites give any priority to those with children? As my fiance will give birth in september and I would like to be there to suport them both finacially and obviously not miss out on my childs first months of life.

Thanks again in advance.

Nope.

[Rob82UK 0]

Ok so I was reading the comparison on visas and the minus on the CR1 says you may not be able to visit whilst application is being processed is this correct?

The last thing I want is to get married then apply and miss the birth of my child and not be able to visit for maybe 12 months?

[LeftCoastLady 441]

Ok so I was reading the comparison on visas and the minus on the CR1 says you may not be able to visit whilst application is being processed is this correct?

The last thing I want is to get married then apply and miss the birth of my child and not be able to visit for maybe 12 months?

Each time, it's at the discretion of Customs & Border Patrol (CBP) to allow you to enter the U.S. That's why it's important to bring strong proof that you will return to the UK and not overstay the allotted time.

[Rob82UK 0]

Ok so like if I took a ketter from my employer here in the UK stating thst I was returning and still had my job with them?

Do I need to apply for anything special to be able to get married, or can I just go to usa get marriage licence and get married on my 90 travel visa/esta?

[LeftCoastLady 441]

Ok so like if I took a ketter from my employer here in the UK stating thst I was returning and still had my job with them?

Definitely a good idea to take along just in case.

Do I need to apply for anything special to be able to get married, or can I just go to usa get marriage licence and get married on my 90 travel visa/esta?

Marriage license requirements vary by state and county, so be sure you and your fiancée check the information (e.g. waiting periods, etc.) and apply. From there, she can begin the spousal petition process.

[Rob82UK 0]

Ok thank you for your suggestions and advice.