UK citizen marrying US citizen in UK but want to live in USA

[Penguin_ie 5,993]

In terms of adjusting status you'd probably be ok, especially if you have not been pulled into secondary at the airport/ if they didn't write anything weird in your passport when you last entered.

If you go for the visa, option, you can still visit during the processing, you don;t need to be apart for all of it.

Option 3: what do you mean about not being able to go home for 90 days? You can get married in Vegas tomorrow and go home that evening if you want, then chase after the visa.

[Boiler 45,516]

Option 3 would involve waiting for A.P.

[Owen_London 65]

Thank you so much for all of your help!

When I got back here this time we weren't engaged when I got here - Matt proposed a couple of days after I got back. So i didn't travel here with the intent of getting immigration or marriage. Those warnings at the top of that guide have scared us a little though... Is it likely for us to have trouble with this Visa? Or is that just there to scare the less genuine cases?

As far as we can tell we have 4 options (our hopes were to marry in the UK so this is focused on that):

- Struggle with the VISA waiver until we get married in the UK and then be apart for months through the CR1 process (A lot of time apart after we are married, time consuming and risky with visa waiver).

- Matt moves to the UK after we get married and I financially support him until either my CR1 comes through or his British work authorization comes through (financial strain, time consuming and risky with visa waiver).

- Marry 'on paper' in chapel in Reno ASAP with no family and get I-130 Visa and have actual ceremony in UK but not official (cheapest?, quickest to get work/travel authorization, won't be able to go home for 90 days)

- I go back to the UK and get a K1 Visa and we marry in the USA (pointless with I-130 option and expensive).

Did we miss anything? We want to have all of our options so we can make the best decision for everyone...

Again thank you so much for your advice - wish we could send you a card and some flowers!

Kate and Matt

Let's see...

- Travelling while the CR1 is processing is not that risky. But both this option and the K1 option will take a long time for you to be together permanently.

- I don't know the details of UK visas, but I'd be surprised if he can stay with you long enough for the CR1 to come through.

- Option 3 works fine. I actually did pretty much this for the marriage (though my visa situation is different), and had the Surrey registrar do a civil "renewal of vows" ceremony once we came back to the UK this summer. That costs a bit, but you could just do the ceremony, or you could have a religious blessing if that's what you'd prefer. Personally, this is what I'd recommend, providing you are able to get the necessary documents for adjustment of status sent over.

- If you're in the USA now and want to be together, option 4 seems like a bad one. You won't be able to work for several months after you arrive.

[Penguin_ie 5,993]

Option 3 would involve waiting for A.P.

Oh I thought they didn't want to do AOS based on the first paragraph, so assumed option 3 would be marry but leave. If option 3 is marry and AOS, then 3 months is the short end.. it may be longer.

[Boiler 45,516]

AP not AOS.

[UKate1 0]

Okay, thanks everybody for your advice!

We will keep you updated on our progress and choice. We really appreciate your input.

Kate and Matt :-)

[UKate1 0]

Back again. What is the K3 Visa? Can i live in the US after our UK wedding on the K3 until my CR1 comes through?

[Darnell 8,478]

disregard K-3 visa, please. It's a waste of time and money.

Useful, YEARS AGO, then I-130 adjudication was taking 2 years.

For the last 4 years, though, I-130 adjudication is lickety split. As fast as, and in most cases faster, than chasing after the K-3.

USCIS website still lists it as being a viable option. NVC will shut it down, that I-129F, as USUALLY an approved I-130 and approved I-129F travel together into NVC. The basis of having a K-3 in play, an unapproved I-130, doesn't really exist much, because of how USCIS handles the I-130 and I-129F during their adjudication process.

Edited September 29, 2013 by Darnell

[UKate1 0]

Let's see...

- Travelling while the CR1 is processing is not that risky. But both this option and the K1 option will take a long time for you to be together permanently.

- I don't know the details of UK visas, but I'd be surprised if he can stay with you long enough for the CR1 to come through.

- Option 3 works fine. I actually did pretty much this for the marriage (though my visa situation is different), and had the Surrey registrar do a civil "renewal of vows" ceremony once we came back to the UK this summer. That costs a bit, but you could just do the ceremony, or you could have a religious blessing if that's what you'd prefer. Personally, this is what I'd recommend, providing you are able to get the necessary documents for adjustment of status sent over.

- If you're in the USA now and want to be together, option 4 seems like a bad one. You won't be able to work for several months after you arrive.

Hi Owen,

We have decided to go with the I-130 :-) It seems like the most logical VISA. Just curious about the documentation you mentioned that I will need for my change of status - birth certificate i believe is on there. Do you know what else?

Thanks for your help!

[UKate1 0]

In terms of adjusting status you'd probably be ok, especially if you have not been pulled into secondary at the airport/ if they didn't write anything weird in your passport when you last entered.

If you go for the visa, option, you can still visit during the processing, you don;t need to be apart for all of it.

Option 3: what do you mean about not being able to go home for 90 days? You can get married in Vegas tomorrow and go home that evening if you want, then chase after the visa.

Hello,

We have decided to go with the I-130 option. Just to check, it is completely fine for us to get married if I came here without intent? So if we get married tomorrow and apply for the I-130 i will be able to travel and work within 4 months ish maybe sooner?

Also because I was a student in the USA with a VISA/Social security, will that be viewed negatively?

Thanks for your help !

Kate

Edited October 7, 2013 by UKate1

[Owen_London 65]

Hi Owen,

We have decided to go with the I-130 :-) It seems like the most logical VISA. Just curious about the documentation you mentioned that I will need for my change of status - birth certificate i believe is on there. Do you know what else?

Thanks for your help!

The VJ Adjustment of Status / I-130 guide is here: http://www.visajourney.com/content/i130guide2

I can't tell you exactly what works and what doesn't, as we have still to get round to me getting my necessary vaccinations. (this isn't a problem for me, as I am in the US on a temporary work visa)

Looking through that list, the documents you'll want sent from the UK are:

- long-form birth certificate

- your divorce documents or prior spouse's death certificate (if applicable)

- evidence for bona fide marriage

This is all that's required. However, you will also want to get a copy of your health record or vaccination record, if you can. This will come from your UK GP, or possibly local health authority, and you may need to pay a small fee for it. If you can't get it, then for all the required vaccinations, you'll either have to be tested to prove immunity, or you'll have to take them again. I have my vaccination records, but I can't find proof that I've had rubella, and I need a tetanus booster.

Of course, if you're staying in the US, you'll want to have all of your official documents sent here anyway, even if not required by USCIS.

[UKate1 0]

The VJ Adjustment of Status / I-130 guide is here: http://www.visajourney.com/content/i130guide2

I can't tell you exactly what works and what doesn't, as we have still to get round to me getting my necessary vaccinations. (this isn't a problem for me, as I am in the US on a temporary work visa)

Looking through that list, the documents you'll want sent from the UK are:

- long-form birth certificate

- your divorce documents or prior spouse's death certificate (if applicable)

- evidence for bona fide marriage

This is all that's required. However, you will also want to get a copy of your health record or vaccination record, if you can. This will come from your UK GP, or possibly local health authority, and you may need to pay a small fee for it. If you can't get it, then for all the required vaccinations, you'll either have to be tested to prove immunity, or you'll have to take them again. I have my vaccination records, but I can't find proof that I've had rubella, and I need a tetanus booster.

Of course, if you're staying in the US, you'll want to have all of your official documents sent here anyway, even if not required by USCIS.

Okay perfect. My over organised self is patting myself on the back because i bought everything with me anyway. I have a travel folder that literally has everything in it. So that is one less thing to worry about!

Thanks Owen! Good luck with your VISA!

Kate

[Harpa Timsah 13,258]

Hi Owen,

We have decided to go with the I-130 :-) It seems like the most logical VISA. Just curious about the documentation you mentioned that I will need for my change of status - birth certificate i believe is on there. Do you know what else?

Thanks for your help!

By "Going with the I-130" do you mean pursue a spousal visa from abroad? If so, then the guide just linked is not the right one (that was the Adjustment of Status guide).

[UKate1 0]

By "Going with the I-130" do you mean pursue a spousal visa from abroad? If so, then the guide just linked is not the right one (that was the Adjustment of Status guide).

No, adjustment of status. I traveled to the USA on a Visa Waiver Tourist Visa (ESTA) and my boyfriend proposed to me when I arrived. We have decided to get married on this trip (because I travelled without intent) and avoid the longer CR1 or K1 processes. I believe we submit a I-130 Visa with forms I-485 and I-765.

[Harpa Timsah 13,258]

No, adjustment of status. I traveled to the USA on a Visa Waiver Tourist Visa (ESTA) and my boyfriend proposed to me when I arrived. We have decided to get married on this trip (because I travelled without intent) and avoid the longer CR1 or K1 processes. I believe we submit a I-130 Visa with forms I-485 and I-765.

All right, yes, you are filing a CONCURRENT I-130/I-485. The recent link is correct. "Guide 2"