Help! Which visa?

[Brighty 0]

Hi everyone, This is my first post and I am probably asking the same questions that have been asked over and over again, so I apologise ahead of time.

I am a 37 year old UK resident, my girlfriend is a 23 year old US resident. We met in Orlando where she lives and over the past year we have flown backwards and forwards to see each other multiple times. We have decided that we want to get married and live together. Based on the industry I work in we plan to move to LA. I earn a good living and currently support her. My questions are, based on the above information do you foresee any problems and secondly should we go for K1 or do the Vegas/CR1 thing?

Many thanks in advance

Rob

Edited March 10, 2014 by Brighty

[Avery Cates 1,141]

Hi everyone, This is my first post and I am probably asking the same questions that have been asked over and over again, so I apologise ahead of time.

I am a 37 year old UK resident, my girlfriend is a 23 year old US resident. We met in Orlando where she lives and over the past year we have flown backwards and forwards to see each other multiple times. We have decided that we want to get married and live together. Based on the industry I work in we plan to move to LA. I earn a good living and currently support her. My questions are, based on the above information do you foresee any problems and secondly should we go for K1 or do the Vegas/CR1 thing?

Many thanks in advance

Rob

Based on the above I can't fathom there being any issues with applying for a K-1. The "Vegas/CR-1 thing" is from yesteryear, entering the country on a visitor visa/VWP with the intention of immigrating is considered visa fraud.

[Brighty 0]

Based on the above I can't fathom there being any issues with applying for a K-1. The "Vegas/CR-1 thing" is from yesteryear, entering the country on a visitor visa/VWP with the intention of immigrating is considered visa fraud.

Thanks Avery. I am currently in London and she is flying here tomorrow. Can we start the process from London or would she need to do that from inside the US?Also is it easier to just employ someone to process all of this for us to make sure it all goes through smoothly?

Thanks again

Rob

[van1234essa 11]

You also mentioned that currently you are supporting her. In order to get any visa she needs to meet a required minimum of income, to prove that she's able to provide for you and that you won't become a public charge. The requirement depends on the household size. She needs to make 125% of the poverty line for the according household size. If she doesn't, you guys need to find a co sponsor (any us citizen)

Good luck!

[van1234essa 11]

Thanks Avery. I am currently in London and she is flying here tomorrow. Can we start the process from London or would she need to do that from inside the US?Also is it easier to just employ someone to process all of this for us to make sure it all goes through smoothly?

Thanks again

Rob

And please don't hire a lawyer if you guys have a straight forward case. Lawyers are a waste of money. This is a do it yourself site and you'll get all the help you need here. We all went through it. Put that money towards wedding/honeymoon

Now if you have any complicated situations going on, then yes the lawyer might be for you.

[Brighty 0]

You also mentioned that currently you are supporting her. In order to get any visa she needs to meet a required minimum of income, to prove that she's able to provide for you and that you won't become a public charge. The requirement depends on the household size. She needs to make 125% of the poverty line for the according household size. If she doesn't, you guys need to find a co sponsor (any us citizen)

Good luck!

Okay this is new information. Can this be her uncle or is better off being a friend. Also is this likely to affect the application? Is a co sponsor looked down on?

Thanks

[van1234essa 11]

Okay this is new information. Can this be her uncle or is better off being a friend. Also is this likely to affect the application? Is a co sponsor looked down on?

Thanks

It can be an uncle or a friend. Doesn't matter as long as that person makes enough money. But keep in mind when the uncle has a wife and kids the household size counts as follows:

Uncle+wife+kid1+kid2+you

So the income requirement might be a lot higher

Now if it's just the uncle:

Uncle+you

The affidavit of support is a binding document and should be understood by the signing person very well. They are basically on the hook to provide for you for at least 10 years or until you become a citizen (if you choose to do so) so family might be a better option than a friend.

And no, in London a co sponsor is not frowned upon. There are countries where they aren't accepted but UK isn't one of them as far as I know.

Co-sponsors are quite common, so don't worry

Edited March 10, 2014 by van1234essa

[Avery Cates 1,141]

Thanks Avery. I am currently in London and she is flying here tomorrow. Can we start the process from London or would she need to do that from inside the US?Also is it easier to just employ someone to process all of this for us to make sure it all goes through smoothly?

Thanks again

Rob

You can start the paperwork, and a great thing to do would be to get original signatures for her to take back on all the forms that need it, to save you mailing costs later.

You can get a lawyer, but all they'd do is fill out paperwork for you, so not at all worth the money. In some cases they actually cause delays due to them having no sense of urgency and just plain not double checking things. Having one will not in any way speed up your case, at best.

[Brighty 0]

It can be an uncle or a friend. Doesn't matter as long as that person makes enough money. But keep in mind when the uncle has a wife and kids the household size counts as follows:

Uncle+wife+kid1+kid2+you

So the income requirement might be a lot higher

Now if it's just the uncle:

Uncle+you

The affidavit of support is a binding document and should be understood by the signing person very well. They are basically on the hook to provide for you for at least 10 years or until you become a citizen (if you choose to do so) so family might be a better option than a friend.

And no, in London a co sponsor is not frowned upon. There are countries where they aren't accepted but UK isn't one of them as far as I know.

Co-sponsors are quite common, so don't worry

Her uncle doesn't have any children but he is married. So he would need to show that he can provide for me (even though I earn a lot more than he does), my fiance and his wife for 10 years. My fiance will be starting a new job but if I am to live there it won't be in Orlando.

[van1234essa 11]

Her uncle doesn't have any children but he is married. So he would need to show that he can provide for me (even though I earn a lot more than he does), my fiance and his wife for 10 years. My fiance will be starting a new job but if I am to live there it won't be in Orlando.

You don't need to count your fiancé. She is a us citizen and can still get public benefits. It's just you that can't. So it's just the uncle, wife and you. So a household size of 3.

[jan22 3,056]

You said your fiancée is a "US resident" -- I assume you just mean she is living in the US, but is a US citizen, right? If you actually mean she is a legal resident of the US (but not a US citizen), then she can't file for a K! for you. Maybe I'm stating the obvious, but wanted to make sure.....

[christeen 966]

Correct on the support questions... Uncle+wife+you... It is just a guarantee that you won't be a public charge... Wife must be us citizen... You can file now, read the guides here for K1 and save the lawyer money... Process for K1 is currently running 6-8 months from filing to visa issue.. Good luck

[Brighty 0]

Based on the above I can't fathom there being any issues with applying for a K-1. The "Vegas/CR-1 thing" is from yesteryear, entering the country on a visitor visa/VWP with the intention of immigrating is considered visa fraud.

What if we marry when I'm in the country on an esta and then I return to the uk and then we file for the CR-1? Edited March 29, 2014 by Brighty

[Avery Cates 1,141]

What if we marry when I'm in the country on an esta and then I return to the uk and then we file for the CR-1?

That's fine, as long as you return before your allowed stay on your I-94 expires.

To clarify my original statement, it's a problem if you enter of VWP/visitor visa with the intent to marry and stay past the allowed time and adjust status while in the country. Some people get away with it, and it can technically be done, but I never recommend it. I personally wouldn't take the chance.

[Brighty 0]

That's fine, as long as you return before your allowed stay on your I-94 expires.

To clarify my original statement, it's a problem if you enter of VWP/visitor visa with the intent to marry and stay past the allowed time and adjust status while in the country. Some people get away with it, and it can technically be done, but I never recommend it. I personally wouldn't take the chance.

I wouldn't go the route of ever overstaying but I am here now and we are thinking of marrying before I return to the UK next week and then filing for the CR-1?