British and American situation??

[lynndy38 64]

My husband and I decided to get married in Scotland due to the regulations in England....it would have meant him having to take time off work for a month the 7 nights residency,then the 15 days for the announcement then the wedding itself. He couldn't afford that long off,however getting married in Edinburgh was hardly an issue

I also visited after we got married, but I chose a different POE seeing as at my usual airport I was generally given a tough time so I was worried they'd deny me entry as they'd been difficult on each previous trip. I wasn't a threat in anyway, no overstays....visited,spent money in the US and left. I think its just because RDU doesn't have many international flights so I was a challenge in a somewhat boring day for them!!!!

I should hopefully be with my husband by April so its been about an 8 month process,much faster than we dared to dream!!!!

Good luck guys

[marriott574 13]

Dear OP

I am in a similar situation, UK to USA Fiance.

Finding a US immigration lawyer in the UK is hard but you can find one easily in the USA but they are not strictly needed.

I liaise with mine on skype.

You can visit on the VWP so long as you have sufficient ties back home to prevent you from staying. My lawyer provided me with a letter to show i was going through the K1 process, my lawyers advice was not to bring to much stuff when visiting as this is a sign you may intend to stay, also have sufficent money to show youi can support your trip. Also have a return ticket and your NOA1 or NOA2 to show you are applying for the visa.

The CR1 route and the K1 route both take a long time, and there is no way of speeding it up, you just have to be patient which sucks but plenty of people make it

My lawyer is Sergey Basyuck based in Washington DC he has been excellent. He charges around 700$ for a K1 Application. he does all the paper work for you

http://www.bklawllp.com/attorneys-2/sergey-basyuk/

Good Luck

[Owen_London 65]

Thank you everyone for these responses, I really appreciate everyone's advice

Just to give you some more information about our situation - Aside from being advised NOT to enter the US on the WVP while the immigrant visa is processing, Yes I could provide a a return ticket but I live at home with my parents so I have no bills or mortgage repayments as return evidence and because I work in the TV/Film industry on various projects I cannot provide a letter of employment. Therefore my concerns are that if asked I actually wouldn't have enough evidence to prove I don't plan on staying in the US and I would be refused entry - which frustrates me as our situation is completely genuine and we have been flying to see each other 3/4 times a year for 4 years!.

This is why when I started reading about this k-3 visa I was over the moon to think that it would be processed quicker and I could be with my boyfriend in LA while we wait for the immigrant visa to be approved.

I can not find a single lawyer that deals with US immigration here in the UK let alone in Wales. Hopefully I will have more answers this weekend as my boyfriend has a meeting with a different lawyer in LA. His previous Lawyer suggested I enter the US on the WVP and we just get married - which would mean me lying to immigration about my intent on entering the US! obviously I was no way prepared to do, based on the fact that after the marriage we would then have to prove it wasn't planned otherwise I could be in trouble for visa fraud! That said he wasn't a very good lawyer lol!

Hopefully things will start to become clearer and we can go ahead with beginning to process things ...

Forget about K3 as a visa process, it's basically been superseded by CR-1 for newly married couples. As long as your fiance is able to visit for long enough to satisfy the residence requirements for the marriage license, and do it in time to be approved, then you will be fine.

There is some risk that you could be turned away at your port of entry if you try to enter on VWP while the visa is processing, but most people get in just fine.

And you don't need to use a lawyer, particularly for a case as simple as yours. Just use the guides here.

Good luck.

[Redflame2012 32]

Hi Welsh Girl! I've lived in LA, California for 4.5 yrs and come from the South West of England. Just wanted to say hello and feel free to private message me with any questions!

By the way, I'm setting up a LA Brits meetup group for 'newbies' and others so we can share experiences, also brunch or lunch. perhaps the group could meet once or twice a month.

If u are interested, at some point, let me know.

Redflame

[bestofboston 36]

You will need to file a I-130 for a CR1 visa. You need to begin to become familiar with the forms you need for processing an I-130. Be sure to fill out at least two of everything and sign both copies. Also get multiple original copies of police clearance, divorce decrees if applicable, etc. Be sure to make a copy of everything before submitting it. Because your future husband lives in the USA, he will be the one that will be submitting the I-130 and associated forms. Be sure that he has multiple originals of everything including original signautres on each form.

The I-130 is easy to do. I got everything correct and it still took 10 months from NOA1 to interview. It may be a little faster because you are from England.

The process is he submitts I-130 applicaton to the USCIS and will receive a NOA1. Approx 5 months later, he will receive a NOA2.

Then the USCIS forwards the informaton to the National Visa center (NVC). You will need to get to know the items the NVC will be asking for plus he will need to give them ore money for processing the visa. The NVC process takes around 3 months. Then the NVC forwards the info to the Embassy in England. The NVC should also schedule the interview date at the embassy. They will also tell you where to go for your physical examination. The time between NOA2 and visa is typically around 5 months.

That is why people tell you it typically takes 10 months.

Good luck. As far as visits go, others from England can give you advice. Other countries without Visa Waiver program can not visit while waiting for CR1 visa.

Good luck.

Edited February 20, 2013 by bestofboston

[elmcitymaven 9,712]

Thank you everyone for these responses, I really appreciate everyone's advice

Just to give you some more information about our situation - Aside from being advised NOT to enter the US on the WVP while the immigrant visa is processing, Yes I could provide a a return ticket but I live at home with my parents so I have no bills or mortgage repayments as return evidence and because I work in the TV/Film industry on various projects I cannot provide a letter of employment. Therefore my concerns are that if asked I actually wouldn't have enough evidence to prove I don't plan on staying in the US and I would be refused entry - which frustrates me as our situation is completely genuine and we have been flying to see each other 3/4 times a year for 4 years!.

This is why when I started reading about this k-3 visa I was over the moon to think that it would be processed quicker and I could be with my boyfriend in LA while we wait for the immigrant visa to be approved.

I can not find a single lawyer that deals with US immigration here in the UK let alone in Wales. Hopefully I will have more answers this weekend as my boyfriend has a meeting with a different lawyer in LA. His previous Lawyer suggested I enter the US on the WVP and we just get married - which would mean me lying to immigration about my intent on entering the US! obviously I was no way prepared to do, based on the fact that after the marriage we would then have to prove it wasn't planned otherwise I could be in trouble for visa fraud! That said he wasn't a very good lawyer lol!

Hopefully things will start to become clearer and we can go ahead with beginning to process things ...

It is totally fine to enter the states on a vwp to get married. It is not okay to enter on a vwp to get married with the intention to stay and adjust. We got married on a visit, then returned to the UK to wait out the filing.

[david'sgirl 134]

I'm not sure if it will be as simple for Wales but we got married in a registrar's office in Scotland and it was very simple and quick for me to get the UK marriage visa. We had to post our intention to marry for a couple of weeks before the ceremony. We were able to do all of the applications and forms online.

I came back to the US after the wedding and filed the CR1. We wed July 2009, Interview was Jan 2010 and he moved here Feb 2010. We felt the CR1 was the best option since it allowed him to work, drive and travel right away. He was able to visit on VWP while we waited. If you are honest and say you are visiting your husband and are waiting for your visa and can show proof of return ticket you should have no problem visiting.

You could get married over here then go back to the UK and wait as well.

There have been other threads about this in the past couple of years so you may want to try a query to read a bit more about it.

[Welsh girl 2]

Hey everyone

Thank you for all these responses!! It's all so helpful and I am really pleased I joined this website forum

Just to now update you all on my situation now and ask another question -

We have actually now made temp arrangements to marry here in Wales in 10 weeks time. We are aware of the 7 days residency before giving notice of marriage and the 15 day wait after the notice is given and this is all not a problem.

My fiancé is applying for the UK visiter marriage visa (vaf1f) this weekend which we have read is generally processed within 30 working days. (We have 6 weeks until he would be due to fly here) My question is - IS IT TRUE WHEN APPLYING FOR THIS VISA ONLINE FROM THE US THERE IS A PRIORITY PROCESSING OPTION??

If there is a priority processing option (which I have read on other message boards takes 48hours) at least we know we can confirm our plans as he will 100% receive this visa on time.

I have read in general this UK visiter marriage visa doesn't take long anyways but in order for us to confirm our plans we need to know 100% he will have this before he plans to travel here.

If anyone knows any information of this would be much appreciated thanks again xxx