Starting marriage process

[robbert000 2]

Dear all,

I think I got a relatively easy question, but it's very hard to find a clear answer anywhere.

First, I'm Dutch from origin and moved to the UK about 3,5 years ago for my current job. I don't need an actual visa to visit the US.

In the UK I'm working for an American automotive company based in the Detroit area, for this company I have to vist the US headquarters on a regular basis.

It was on my first business trip there, about 3 years ago I met my current girlfriend. After we've been dating for around 3 years, we'd like to get married.

Now my main question is, can I just visit her, get married and apply for an adjustment of status? Or does everyone ALWAYS need to file the I129 first and travel to the US on that visa to allow for marriage?

Second question, once we're married, I'm a bit confused on which form to fill in. Should I use the I130 or the I485?

I have no criminal record, I would have a job in the US straight away since the same company will just allow me to work from the US office and I have all my flight receipts from the last 3 years to prove we have been seeing each other. Also her whole family knows me and is aware of the situation and are more than willing to support any proof related questions.

Thank you all for your help, and for others in whatever process. I wish you all the best of luck.

[Penguin_ie 5,993]

**** Moving from K1 to What Visa Do I Need forum ******

It is visa fraud and illegal to use your visa waiver priviledges to travel to the USA, marry AND STAY. This can lead to a lifetime ban, don't do it.

You have two options:

a) Go for the K1 fiance visa, as you mention above. This takes less time, and you could file now, but is more expensive and means you cannot work once in the US for 3+ months.

b) Go over on the visa waiver, get married, return after your max stay of 90 days, and file for the CR-1 spousal visa. This takes longer, but is cheaper and has the advantage that you can work and travel right away- a bit advantage if there is a chance your firm may offer you a job state side.

[robbert000 2]

Hi,

Thanks so much for your reply.

Either way I didn't intend to stay straight away, obviously the company has to do some paperwork to transfer me to the US office anyway and I still have some projects to finish in europe. The job is guaranteed..

So you're basically saying it isn't illegal to marry in the US if I'm there anyway, as long as I leave the country and file the proper paperwork from the UK.

After this has been filed, I can travel back to the US and live and work there awaiting the visa approval?

If we go for the K1 visa, what do you mean I can't work for 3+ months? As soon as I have the K1 visa, I'd go to the US. Get married, and stay there whilst applying for the change of status. In this period, I thought I'm allowed to work.... (ps. if push comes to shove, my company would probably agree with me being in the US, officialy not working there, and just pay me into my UK bank account. Which then the US would never know since I'm really just 'on holiday' in their mind)...

Edited May 12, 2014 by robbert000

[sandra68 10]

Hi,

If you get married, return to the UK and start the paperwork straight away, yes, you can work straight away when you go the CR1 route.

The K1 a bit more complicated, time limits on all etc, tricky especially when you have a job there. Seeing you don't want to go there straight away the CR1 would be the best one.

good luck

S

[robbert000 2]

Ok, so lets assume the CR-1 route... then the following would be the case;

- I'm travelling to the US for 2 weeks visit beginning of June

- We'd get married in that period

- I'll fly back as planned

- Apply for the CR-1

- Should we then we waiting a full year before I can return to the US? OR can I go back pretty much a month later, and start living + working there WHILST awaiting the outcome of the CR-1? (because waiting a full year is really not viable because of my line of work)

I understand I might be asking the obvious, but I need to know for sure as you can understand :-)

Edited May 12, 2014 by robbert000

[cathy2904 97]

You can visit whilst the CR1 is processing but you can't live there and you can't work until you have a green card.

[robbert000 2]

mmm so that causes me more issues than benefits probably.

Then it almost seems to make more sense to go the K1 route and once married get the company to just pay me as they are today from the UK. This way for immigration I'm just 'awaiting status change and not working' whilst I'm still able to provide. (pretty much what I'm doing now everytime I go there for 'just a meeting'..)

After the K1 forms have been sent, any idea what the current processing time is before we can actually get married?

One more (and hopefully last) follow-up question... I also recently found out that the company might be applying for an L1-A (executive intercompany transfer) for myself... What happens if they decide to do this whilst we have applied for the K1?

I mean, surely the USCIS will be moaning....

[disteph 9]

I think k1 is the best as you mentioned that the company can 'pay' your holiday time.it won't take long though (at least no longer than CR-1).and you have the company guarantee you so it's really easy case.but i am not suggest u get any other visa after you apply k1 because it might cause longer time frame.u still can visit US while k1 process anyway

No big deal

[N&S 32]

To the OP:

If waiting for a year to move is not an option for you you should file for the K1 and then marry as quickly as possible once you're in the country (even if it is just a court-house ceremony and then you can have a big party later) to be able to file for AOS asap. File for work authorization with AOS while you're at it. Not sure on the legality of working for your company while awaiting EAD, but I've read some people got their EAD expedited with a job offer once they had received NOA1 (i.e. the notice that your AOS and EAD are being processed) by going to the local USCIS office. If you think your company would be willing to put you on "sabbatical" for a couple of weeks until you get that sorted that would probably be a safer solution to be clearly within the bounds of legality.

To Timus:

I don't think what you are planning to do is feasible. You have basically two options: Get married as soon as possible (either in the US or in Oz or wherever you fancy meeting) and then apply for the spousal visa CR1 - this will allow you to move to the US in a time frame of about 1 year from filing and you'd be allowed to work more or less straight of the bat from when you get there. The other route is to file for a K1 fiance visa (currently I believe around 9 months all in - depending which service center your application goes to), the move over there, get married and apply for AOS. Once you have filed for AOS (and you'd want to file for EAD and AP together with this, i.e. work authorization and travel authorization) it takes 3-4 months for you to be allowed to work. You CANNOT leave the country during that period - or at least you will then not be able to come back because your greencard and work authorization application will be considered abandoned, so you won't be able to sit out the time you're not allowed to work in the US back home. That is the big drawback of the K1 visa, but it gets you there faster. As mentioned above you might be able to get a work authorization expedited by the local USCIS office if you can show a job offer, but as you don't have a company lined up it might be more difficult for you to get one as a lot of companies would want prove of work authorization before extending an offer. I know this is not what you want to hear but that's the available options...

[baron555 934]

So you're basically saying it isn't illegal to marry in the US if I'm there anyway, as long as I leave the country and file the proper paperwork from the UK.

Yes

After this has been filed, I can travel back to the US and live and work there awaiting the visa approval?

Maybe....most likely......maybe not. If asked why you are traveling to the US you have to honestly answer, to see my spouse. They will see your visa petition in the system and could turn you away since you obviously have immigration intent. Considering your country, you should be OK, but there is no guarantee.

If we go for the K1 visa, what do you mean I can't work for 3+ months? As soon as I have the K1 visa, I'd go to the US. Get married, and stay there whilst applying for the change of status. In this period, I thought I'm allowed to work....

No, the K-1 has to wait about three months for the EAD or the GC (sually about 5 months) to be able to legally work.

(ps. if push comes to shove, my company would probably agree with me being in the US, officialy not working there, and just pay me into my UK bank account. Which then the US would never know since I'm really just 'on holiday' in their mind)...

What you describe is illegally working....and if caught, you could be deported and face a lifetime ban. Your call.

[robbert000 2]

Thank you Baron...

So in that case...

Receive my K1 visa, fly to the US, get married... apply for my change of status. (from which point on I'm not allowed to work)

But can I then leave the country and just continue to work and live in the UK whilst we're waiting for that? Or do I have to remain IN the country whilst awaiting my change of status?

And yes, I understand it would be considered 'illegal' but technically at that point, I'm not working for the US and I won't get paid from the US... I'm just getting my normal UK salary and I'm 'visiting' the office in the US for 'a meeting or a training'...

How can any well thinking person in the US have a problem anyway with me working straight away? They should be happy I come to the US and contributing to the economy straight away instead of living of someone else...Specially in detroit area...

Edited May 12, 2014 by robbert000

[Ivie & Eguagie 119]

Thank you Baron...

So in that case...

Receive my K1 visa, fly to the US, get married... apply for my change of status. (from which point on I'm not allowed to work)

But can I then leave the country and just continue to work and live in the UK whilst we're waiting for that? Or do I have to remain IN the country whilst awaiting my change of status?

Yes, you would need to wait in the US until you have your Green card/Advance parole in hand or leave the country and forfeit your application, your choice. You might want to see the K1 guide for yourself here http://www.visajourney.com/content/k1guide

And yes, I understand it would be considered 'illegal' but technically at that point, I'm not working for the US and I won't get paid from the US... I'm just getting my normal UK salary and I'm 'visiting' the office in the US for 'a meeting or a training'...

How can any well thinking person in the US have a problem anyway with me working straight away? They should be happy I come to the US and contributing to the economy straight away instead of living of someone else...Specially in detroit area...

Well, the US government doesn't agree with your way of thinking, so it's illegal as someone has earlier said above.

[ausikimmons 1]

Robbert000, from everything I just read and judging from your situation, I also agree that CR1 is your best option. The main drawback from the CR1 is the fact that it takes soooo long to be able to go to the US. (I am in this process right now), but since you have a stable job outside the US. and you have no kids with your future bride, I truly think this is your best option.

[christeen 966]

To the OP (UK poster) .... Your plan to circumvent the K1 process will get you in deep do do... You cannot work while waiting for your AP/EAD... You cannot leave the country or just "visit " the office that is paying you... Since you will become a US resident you will have to file taxes based on worldwide income so they will find out...

Do the CR1 ... You can marry here, then file... You can usually continue to travel back and forth on VWP while it is processing (you cannot live here nor have your office transfer you until you are a legal resident) .... But you can travel here... You will interview in UK, and once issued (usually about 12 months) you can officially move, transfer and start working right away for the USA branch.

There is NO easy and instant way to come here to USA and just start working or to live here while waiting... There is just no quick fire way... You need to realize that... Circumventing the system can get you a load of trouble and years of delays or bans... Think carefully

[Ortolan 381]

Maybe this scenario: Fly to the U.S. and get married when you want to, but do fly back to the U.K. and then file your CR-1 application for spousal visa. Then continue to work there in the UK while your CR-1 is processing.

Since you have a job in the UK and you can prove it, you should be able to be approved to visit while the process is going on. When you visit, you'd buy a round-trip ticket, and present copies of paperwork showing you're doing the CR-1 process.

You can prove that you've got ties to the UK and will return there while your CR-1 is in process. Then when you get approved (it's not gonna be quick, mind...) you'll be immediately able to work in the U.S. Toward the end of the process you can see if your company can set you up in their U.S. office locations.

Don't ever try to go around the rules; you'll get caught and it won't be pretty!