Need Help and Advice

[krasher 0]

Hello Everyone,

I am engaged to a British citizen and am currently going through the process of planning a wedding. First off, we are legit, have been a couple for a long time and see each other often. She plans to move over to the states with her son as soon as she can legally. The problem we are having is trying to figure out the best way to get married.

She would love to have a wedding in England, as would I, but I do not want to have to wait a year from now to fill out the Marriage Visa after the wedding (we are planning on marrying around july/august). Then it would be 8months to a year to wait for her to be able to come over to the states. She is also worried about be able to work soon as she doesn't want to sit around with no job for extended periods of time. I really want to give her the wedding she wants.

Some quick info about us..

I can support her and her son

She is able and willing to work

Her son is 9 years old

She has never been married

I have never been married

I understand the process of the K-1 Fiance Visa But I have some questions...

How long before she will be able to work after it becomes approved and we get married in the States?

Is there a way to begin paperwork now and still have a wedding over in England, but still end up living in the States?

Any advice or thoughts are welcome as I am finding this a daunting task.

Thanks

[lost_at_sea 995]

Hey, welcome.

Your questions (responses assume you want to go for the K1):

1. After you marry, you will file the Adjustment of Status paperwork plus EAD and AP (the first lets her work, the second lets her travel outside the USA). It takes folks about 3 months to get those two back. So, expect about 3 months before she'll be able to work from submitting the paperwork (plus however long it takes you to get married within the 90 days of entry, fill out the forms etc.). You can read more about that stage of the process here: http://www.visajourney.com/content/k1k3aos

2. If you want to do the fianc(e)é visa, then you *must* get married in the USA within 90 days of her arrival on that visa. You cannot get married in England if you want to do the K1 path. If you want to get married in England, then do so, but then you'll have to follow the I-130 for CR-1 visa path (as I think you might already understand). There's no option that lets you start the paperwork now that results in you marrying in England later. You either marry ASAP anywhere you like, and file the I-130 for CR-1, or you file the I-129f for K1 now and have to marry in the USA.

It sounds like you're a little unclear about the visa options. There's a guide here comparing the pros and cons of each: http://www.visajourney.com/content/compare

Edited September 27, 2013 by lost_at_sea

[lost_at_sea 995]

I suppose there's a third option. You do the K1, marry in the USA, then once she has AP or Adjustment of Status is complete - you have a second wedding in England. Have the first as a low-key legal affair to satisfy the K1 requirements, the second as the big blow-out dream wedding.

It's unlikely that will work with your current plan of a July/August 2014 English (second) wedding, though, but you could postpone, perhaps.

[krasher 0]

Thank you for the quick response. I am hoping that whatever way we go that it will go well.

[krasher 0]

One more question... If we get married and file the K-1 visa, can I fill out a work permit so she doesn't have to wait 3 months?

[KayDeeCee 4,893]

One more question... If we get married and file the K-1 visa, can I fill out a work permit so she doesn't have to wait 3 months?

I do not know if you are confused or just worded that wrong, but you cannot get married and then file for a K-1.

It takes 2-3 months from the time you file until you receive the EAD. Some have been successful at getting their EAD expedited because they had a firm job offer. I would not plan on being able to work until at least 3 months after entry with a K-1, marriage and then filing for AOS. If she wants to work right away, then you should marry first and file for a spousal visa instead.

~ Moved from K-1 Process to What Visa Do I Need- OP still deciding on best visa option ~

[lost_at_sea 995]

One more question... If we get married and file the K-1 visa, can I fill out a work permit so she doesn't have to wait 3 months?

As Jay-Kay says, you don't get married and then file for K1. You file the i-129f petition, wait for approval, then the British fiancé applies for the K1, then travels to the US and marries within 90 days. Then she applies for AoS/EAD/AP.

You can't file for the work permit until she has married on the K1 and is filing for AoS.

Edited September 27, 2013 by lost_at_sea