No idea where to start! Advice needed

[laurenmat 2]

Well, you have several options, I outlined the US K1 Journey process in this thread here. However, if you're asking what you can do, I can only really help when it comes to the process in the US.

You have several options:

1. Apply for a K1 visa and marry in the US.
2. Get Married outside the US and apply for a CR1 (spousal immigrant) visa. This takes about the same amount of time as a K1, but it's cheaper, fees wise, and once you enter the US you're legally a citizen; no applying for an Adjustment of Status (AoS).
3. Get Married in the UK and immigrate him to the UK.

I'm sure there are more options than that, but since you haven't told us where you plan to live we can't guide you in the right direction.

So in order to help you more, can you answer us a few questions:

1. Where do you and your partner want to live after you're married?
2. Is dual citizenship important?
3. Do you have the desire and ability to do a destination wedding?

Thanks!

Thanks for your feed back

We wanted to (ideally) get married in the U.K and then live in the U.S after we are married.

Say we plan our wedding and marry in the U.K (after I look and see what he would need in order to marry me here), will we have to apart before I get granted the CR1 visa?

Thank you

[mpheonix 7]

Thanks for your feed back

We wanted to (ideally) get married in the U.K and then live in the U.S after we are married.

Say we plan our wedding and marry in the U.K (after I look and see what he would need in order to marry me here), will we have to apart before I get granted the CR1 visa?

Thank you

You're welcome!

Yes, you would likely remain in the UK while the CR1 is being processed.

Depending on your circumstances, many couples apply for the K1, get legally married in the US, and then have a wedding ceremony after they've had time to set up and plan it, so that they can be together. My fiance and I are planning on doing that.

Edited June 5, 2013 by mpheonix

[laurenmat 2]

you can get married any where any time

if you want to apply for a cr-1, then it only has to be a recognized marriage according to the us.. it is on the dos site somewhere in terms of which countries are recognized, but there are plenty

If you are coming during the holidays, most likely it will be with a tourist visa

either way you will have to have your interview in your home country

you do not need a visa to get married, you need a visa to enter the country

Many Thanks.

Say we was to get married at the end of the year in the US, and we then applied for a cr-1. Would I have to go back to the U.K. to wait for that?

[laurenmat 2]

You're welcome!

Yes, you would likely remain in the UK while the CR1 is being processed.

Depending on your circumstances, many couples apply for the K1, get legally married in the US, and then have a wedding ceremony after they've had time to set up and plan it, so that they can be together. My fiance and I are planning on doing that.

A-ha!

I now understand why the K1 is easier. It makes much more sense in my situation too. Say we did the same, got legally married in the U.S, could we then have a wedding ceremony in the U.K. do you think?

I was planning on going to the U.S in December for 2 months to spend Xmas and New year with him. If I applied for the K1 now and received it whilst I was there, would that mean I would have to get married within 90 days from then do you think? Or does it usually take longer than that to be processed? (if that made any sense)

[mpheonix 7]

A-ha!

I now understand why the K1 is easier. It makes much more sense in my situation too. Say we did the same, got legally married in the U.S, could we then have a wedding ceremony in the U.K. do you think?

I was planning on going to the U.S in December for 2 months to spend Xmas and New year with him. If I applied for the K1 now and received it whilst I was there, would that mean I would have to get married within 90 days from then do you think? Or does it usually take longer than that to be processed? (if that made any sense)

I'm not sure how the UK works, but the destination wedding ceremony would be more of a formality than an officially binding ceremony since you'll already be technically married. If you apply now and get approved for when you go there (which isn't guaranteed, by the way, the processing times vary wildly), you could easily get your K1 visa approved, get married while you're there and stay (while still following immigration laws of course). You also can get approved while you're in the US on a visitor visa, but if I'm not mistaken you'll be required to leave the country and enter on your K1 visa. This can be done on the Canadian/Mexican border though. You would still have to marry within the 90 days of entering the US on your K1 visa. If you stayed in the US on your Visitor Visa for the entire two months, and then proceeded to leave and re-enter on your K1, you would have to marry within 90 days of your re-entry.

It's a little more complicated to do that while you're in the US visiting, but if you plan your wedding for that time, you can send a request to expedite (which won't hurt) and state that you were not aware the process would take longer and that you would lose money on not getting your visa by then because you paid for services and facilities for your wedding. You'll need to provide proof though.

SO. Long story short:

You can get your visa while visiting in the US. I would make sure that you inform the USCIS and the Embassies that you're in the country visiting, so they don't send all your paperwork to your UK address, and you can set up an appointment in the US for your interview.

You may have to leave the country and re-enter on your K1 visa, if I am not mistaken, you will have to be married within 90 days of the re-entry.

You may not get your K1 visa approval while you're in the US on your visitor visa, there's not guarantee. There's no guarantee that the US will even grant you, your K1 visa to begin with!

Someone else might be able to give a bit more insight. Gabriel and I planned on just eloping once he's here on his K1 and having the formal (unofficial) ceremony on our 1 year anniversary.

Edited June 5, 2013 by mpheonix

[stevie b 141]

A-ha!

I now understand why the K1 is easier. It makes much more sense in my situation too. Say we did the same, got legally married in the U.S, could we then have a wedding ceremony in the U.K. do you think?

I was planning on going to the U.S in December for 2 months to spend Xmas and New year with him. If I applied for the K1 now and received it whilst I was there, would that mean I would have to get married within 90 days from then do you think? Or does it usually take longer than that to be processed? (if that made any sense)

you can not enter the states with a tourist visa with the intent to immigrate

that would be your situation if you tried it that way

k-1 is not easier than cr-1, they are fairly close in supporting documentation needed

cr-1 is a bit faster and has some added benefits

spend some time on the us embassy website, you will find your answers there

you are trying to do two different things.. one is a visit, the other is the fiancée or spouse thing.. they are two totally different things and can not be combined

[laurenmat 2]

I'm not sure how the UK works, but the destination wedding ceremony would be more of a formality than an officially binding ceremony since you'll already be technically married. If you apply now and get approved for when you go there (which isn't guaranteed, by the way, the processing times vary wildly), you could easily get married while you're there and stay. You also can get approved while you're in the US on a visitor visa, but if I'm not mistaken you'll be required to leave the country and enter on your K1 visa. This can be done on the Canadian/Mexican border though.

It's a little more complicated to do that while you're in the US visiting, but if you plan your wedding for that time, you can send a request to expedite (which won't hurt) and state that you were not aware the process would take longer and that you would lose money on not getting your visa by then because you paid for services and facilities for your wedding. You'll need to provide proof though.

Someone else might be able to give a bit more insight. Gabriel and I planned on just eloping once he's here and having the formal (unofficial) ceremony on our 1 year anniversary.

I think what I will do is go and spend a couple of months with him in the U.S and apply for it whilst we are in the same country so we can go through it all together. Come back home to the U.K. and then wait.

Are we allowed to visit each other whilst we are waiting for the k1?

Sorry to be asking so many questions but this is the most help I've got since I met him!!

[mpheonix 7]

You are allowed to visit each other while applying for a K1, but you run the risk of being turned away at the border.

Just remember, it's considered illegal to enter the US on a visitor visa with the intent to immigrate. If you do so, you run the risk of being banned from ever entering the US again.

Right now, the visa processing time is 5-8 months on average. I wrote a help guide, which is in progress, and I posted in the forum here. It might help you understand the process some.

[LeftCoastLady 441]

mpheonix, please read up on the procedures for the various petitions and visas. The reason you're getting a lot of feedback from other VJ-ers is because you're doling out so much misinformation, which could cause someone to incur issues down the road if they follow your "tips." The K-1 visa involves a number of steps that have to be done in the beneficiary's home country, including the medical exam, obtaining a police certificate, and attending the interview at the U.S. embassy/consulate.

OP, please read the VJ guides starting here, http://www.visajourney.com/forums/index.php?autocom=custom&page=compare, to get an idea of what's involved in each process and weigh the pros and cons for each. Right now, it seems you're still trying to decide which path to take. Once you decide on the path, you can ask more detailed questions to get the answers needed.

[LeftCoastLady 441]

Duplicate post deleted.

Edited June 5, 2013 by LeftCoastLady

[mpheonix 7]

mpheonix, please read up on the procedures for the various petitions and visas. The reason you're getting a lot of feedback from other VJ-ers is because you're doling out so much misinformation, which could cause someone to incur issues down the road if they follow your "tips." The K-1 visa involves a number of steps that have to be done in the beneficiary's home country, including the medical exam, obtaining a police certificate, and attending the interview at the U.S. embassy/consulate.

OP, please read the VJ guides starting here, http://www.visajourney.com/forums/index.php?autocom=custom&page=compare, to get an idea of what's involved in each process and weigh the pros and cons for each. Right now, it seems you're still trying to decide which path to take. Once you decide on the path, you can ask more detailed questions to get the answers needed.

I'm very sorry if I misrepresented facts. I did state that I may be mistaken multiple times.

I asked a few immigration lawyers this as well as called the USCIS customer service line, as my fiance was planning on visiting the US for business and they told me it can be done whilst in the US but it can be complicated, as you would have to be in contact with the beneficiary's local embassy/consulate, and you'd have to show up at the US local office to file additional paperwork. I was also informed that the beneficiary would have to leave the US and re-enter on their K1 (if it's in hand and they're not sent back to their country). We decided not to risk it and he didn't come over for business.

I stated that she could get approved whilst in the US. I also stated she may have to leave.

The approval of the K1 does require subsequent processes, such as the interview and medical exam, but I was informed these can be provided to the beneficiary whilst in the US, as long as it's done at the Argentine Embassy (in my case), closest to my home -- I believe that's in Washington DC. I don't know if there's more than one.

If she cannot do the interview and medical exam whilst in the US; my answer in regards to visiting and being forced to leave, still stands.

Edited June 5, 2013 by mpheonix

[Jo Amelia Finlay 20]

OP, please read the VJ guides starting here, http://www.visajourney.com/forums/index.php?autocom=custom&page=compare, to get an idea of what's involved in each process and weigh the pros and cons for each. Right now, it seems you're still trying to decide which path to take. Once you decide on the path, you can ask more detailed questions to get the answers needed.

This.

It's so much info to start with, when you are trying to decide what to do. It took several read throughs for me to get my head around everything and really understand the differences between the fiance and spousal visas and what their implications were generally and what we as a couple were willing to embark upon.

Take some time to have a read of the guides and perhaps a browse of threads on here, too. It's a LOT to take in and either process will - in my opinion - need you to be in the UK to get the necessary stuff together (or a good friend/family member to info and document gather for you). It takes more time and effort than you initially suspect to put together the first application packet, believe me!

[Shoot Em Straight 385]

mpheonix, please read up on the procedures for the various petitions and visas. The reason you're getting a lot of feedback from other VJ-ers is because you're doling out so much misinformation, which could cause someone to incur issues down the road if they follow your "tips." The K-1 visa involves a number of steps that have to be done in the beneficiary's home country, including the medical exam, obtaining a police certificate, and attending the interview at the U.S. embassy/consulate.

Thank you for saying it!!

I went through BOTH processes (K1 and Cr1/Ir1) and have my husband home after a long journey...and when I read the posts from this kind lady even I could get confused!! There is most good info in the doling but the few "Old timers" ( I am quoting from another post) cringing at how easliy bad info is expertly given out. Please read up MORE and if you are trying to help...only state facts, not your take on things. As LCoastLady has pointed out it could cause undue issues for another member later on that knows even less than youself.

Edited June 5, 2013 by Inluv

[Owen_London 65]

Thank you. I wasn't aware that you had 6 months to enter the country, that's good.

So we can marry without getting the K1 visa first if we wanted to get married quickly, right? Can we get married without any visa and then apply for a CR-1?

Yes.

No visa is required for you to get married in the US. However, if you're on the visa waiver program, as you would be, you would need to return home within 90 days and apply for the CR-1 visa to immigrate to the US.

[KayDeeCee 4,893]

I'm very sorry if I misrepresented facts. I did state that I may be mistaken multiple times.

I asked a few immigration lawyers this as well as called the USCIS customer service line, as my fiance was planning on visiting the US for business and they told me it can be done whilst in the US but it can be complicated, as you would have to be in contact with the beneficiary's local embassy/consulate, and you'd have to show up at the US local office to file additional paperwork. I was also informed that the beneficiary would have to leave the US and re-enter on their K1 (if it's in hand and they're not sent back to their country). We decided not to risk it and he didn't come over for business.

I stated that she could get approved whilst in the US. I also stated she may have to leave.

The approval of the K1 does require subsequent processes, such as the interview and medical exam, but I was informed these can be provided to the beneficiary whilst in the US, as long as it's done at the Argentine Embassy (in my case), closest to my home -- I believe that's in Washington DC. I don't know if there's more than one.

If she cannot do the interview and medical exam whilst in the US; my answer in regards to visiting and being forced to leave, still stands.

How would the Argentine Embassy approve you for a United States visa?

You CANNOT be approved for a K-1 while in the US. The beneficiary must apply at the US consulate in their country. There are no US embassies in the US. You do not/cannot apply at a local USCIS office for a K-1. The USCIS does not process the visa applications. That would be DoS.

Stating that you might be mistaken while posting misinformation is still bad and unhelpful. Confusing things for people and giving blatantly incorrect information helps no one, but it can hurt. Saying your 'answer in regards to visiting and being forced to leave still stands' is just silly nonsense when you have posted plain and utterly wrong information.

Listening to the call center employees at the USCIS misinformation line will not help you any either.