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Filed: Timeline
Posted

hi all,

New here so apologies if I make any mistakes.

I need some information in regards to process involved in marrying a US Citizen.I confused as to whether one can go to the US from UK on tourist visa and get married then apply for immigrant visa later or if a finace visa is needed first then you go get married and return to UK.

So if these are the only two choices, which one is quicker, which one is cheaper and which one is safest (i.e. less hassle by the feds).

Any advice appreciated.

thanks

Posted

Entering the US on a nonimmigrant with the intent to remain would constitute visa fraud, so Don't Do That.

You should pursue either a K-1 or get married and file for a CR-1. The K-1 would probably be faster right now.

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13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
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100 (8/1/12) I-485 transferred to Vermont Service Centre
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268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
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Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

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Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Timeline
Posted

Entering the US on a nonimmigrant with the intent to remain would constitute visa fraud, so Don't Do That.

You should pursue either a K-1 or get married and file for a CR-1. The K-1 would probably be faster right now.

Many thanks. I thought the K1 is non-immigrant (aka hybrid).

So I cannot go on a visa waiver program and get married? It HAS to be a fiance visa?

What if we get married outside the US? Do I then apply for a non-immigrant visa? Am I just asking for a longer detailed process by doing that?

Posted

You can get married in the US as a tourist (VWP) so long as you go back to your home country after before your stamped end date. You'll then filing the I-130 for CR-1 while you wait abroad back home.

If you want to stay in the US after marrying and adjust status, you need the K1.

If you get married outside the US (which you can do, too) you can't chase the K1. You'll go after the CR-1.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Filed: Timeline
Posted

You can get married in the US as a tourist (VWP) so long as you go back to your home country after before your stamped end date. You'll then filing the I-130 for CR-1 while you wait abroad back home.

If you want to stay in the US after marrying and adjust status, you need the K1.

If you get married outside the US (which you can do, too) you can't chase the K1. You'll go after the CR-1.

many thanks - i needed it put succinctly as you did (being new to it all).

Hypnos kindly stated K1 is faster right now. Where can I find these process time details? Had a quick google but didnt come up with anything.

Also, wondering what the pros and cons are of K1 vs CR1 right now. I see one benefit of CR1 being you can continue working (and making money) whilst being back in UK. Pro of K1 seems to be processing time right now.

Posted

You can find current USCIS processing times here: https://egov.uscis.gov/cris/processTimesDisplayInit.do

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted (edited)

Cr1 gives you a green card upon entry to the USA. A K1 does not. You must be married first and send evidence of a genuine relationship with the CR1. But the K1 just needs you to prove you've met in the last 2 years, in person. K1 costs abouy $700 more in immigration fees because of the adjustment of status. You cannot work or leave the USA for at least 3 months after filing for the adjustment of status after marriage. A green card immediately means you can work or travel the instant you land in the USA if you choose. Many pros and cons but the biggest people see right now is that a k1 takes half the time of a CR1. Sometimes the CR1 is faster but not at the moment.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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