Marrying my USC fiancee and moving to the US

[jgcp20 0]

Hi,

I visited the US for 6 months in 2012 as part of the graduate training programme with my current employer, and I traveled there using a B1/B2 visa [i wasn't working, but training!]. During my stay in the US I met my now fiancee – a US Citizen. At the end of my stay in the US in 2012 I returned to the UK to work for my employer. For the last two years we have maintained a long-distance relationship with both of us taking frequent trips across the pond to visit each other (including at Christmas and birthday times). Recently, I had the realisation that it was time to take our relationship to the next level, so I proposed during a recent visit, and I am pleased to say she accepted. We continue to live on opposite sides of the Atlantic, and have been exploring the options for us to land up on the same side of together. However, we seem to have plunged into the minefields of immigration and visas! Unfortunately, owing to my fiancee's qualifications, she is unable to find the same work in the UK as she has in the US (without demotion and a serious pay reduction), while my career is much more easily transferred. Naturally therefore, I will need to move to the US. With this in mind, it is here where things are becoming rather unclear.

I understand that there are broadly two routes that we can take:

File for a K-1 Fiance visa now, wait the necessary time, then resign from my employment in the UK and move to the US. Marry within 90 days of moving and then file for a work permit and travel documents, and in there intervening period, I would be unable to work or leave the US. Evidently this route would leave me with a significant period of unemployment, which could potentially cover an indeterminate period of time – ultimately this would be negative for my career and would mean we would be reliant on a single income for the period concerned.
As a US visa holder (B1/B2) already (I appreciate it is a non-immigrant visa) I could make a trip to the US (for a week) and marry my fiancee there and then return to the UK after. I would remain employed in London and with a lease on an apartment there in the meantime, so it would not be my intention to remain in the US as I would be unable to work and therefore unable to provide for my wife. Once I have returned to the UK, my then wife would file the I-130 petition for a CR-1 visa. Once the visa is granted I would then be able to resign from my employment in London and look to move to the US to be with my wife once I have found employment there.
Furthermore, I understand that it is a requirement to demonstrate that our marriage is bona fide. While this makes sense, I have read many forums/websites which state that this is easily proven by means of joint bank accounts, joint insurance, joint property leases etc. Unfortunately, as we reside on separate sides of the Atlantic, we have not had the opportunity as yet to have our own place together and I would not be willing to enter into such a financial commitment especially given the potential period of unemployment associated with option 1. At the present time my fiancee resides with her parents. While we would be unable to provide the commonly recommended documentary evidence, we have a plentiful supply of photographic evidence, telephone calls, flight tickets etc. and have each other as the beneficiaries in the event of death on both our employers death in service insurance schemes. Would this likely be sufficient? If not, how do I go about opening joint bank accounts without a SSN myself and without a NI number in the UK for my fiancee? And further, what are the taxation implications to us of doing such?

I would be extremely grateful to hear from anyone who has been in a similar situation and for any advice regarding what I understand to be my two options in this situation.

Thanks in advance.

Best,

Joe

[deej1973 4]

I did not have evidence of joint bank account, lease, etc as well since my wife and I are living in separate countries during

the immigration process. I believe this would be the case for a lot of people. We are filing for marriage visa and she came to the US for the wedding and returned to Canada a few days after. I provided pictures from the wedding, some proof of messages/posts/pictures from Facebook from during our relationship, and a signed affidavit written by me (the petitioner). We were approved at the first phase (Vermont) and just got our case number at NVC. And, we were together for less than a year when we got married. You shouldn't have any problem if you can

just show that you are in a relationship.

Good luck!

[Ryan H 3,819]

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Meed - Family Based Immigration.***

**Moderator hat off**

Couples living apart in separate countries are not required and not expected to have joint accounts, property, leases, etc. Focus on any evidence of time spent together in-person. Some examples include but not limited to:

• pictures
• Passport stamps indicating travel to each other's country
• airline boarding passes
• hotel receipts
• credit card statements showing purchases made during travel together
• ticket stubs from tourist attractions that have date stamps
• emails, chat records, phone records
• letters
• Facebook exchanges

One thing to remember, when the petition is submitted to USCIS, only photocopies of evidence are needed.

[squirrelisan 23]

As a US visa holder (B1/B2) already (I appreciate it is a non-immigrant visa) I could make a trip to the US (for a week) and marry my fiancee there and then return to the UK after.

Yes. This is fairly common from what I understand. Me and my wife got married this way. She came on a non-immigrant visa for a couple of months, then went back while waiting for the CR-1 application to go through.

I would remain employed in London and with a lease on an apartment there in the meantime, so it would not be my intention to remain in the US as I would be unable to work and therefore unable to provide for my wife. Once I have returned to the UK, my then wife would file the I-130 petition for a CR-1 visa. Once the visa is granted I would then be able to resign from my employment in London and look to move to the US to be with my wife once I have found employment there.

If money/employment is a concern (like most people) most would agree this is the wiser route to take. CR1 apps take a long time to complete (I think around 1 year lately?)

Furthermore, I understand that it is a requirement to demonstrate that our marriage is bona fide. While this makes sense, I have read many forums/websites which state that this is easily proven by means of joint bank accounts, joint insurance, joint property leases etc.........

Don't sweat this so much. I'm sure you have more than enough already. I think a lot of that extra paperwork (bank accounts, leases, even children) are for petitioners in "historically high-fraud" countries, typically that are poor or what might be considered "terrorist friendly" areas from the US perspective (Ex. sub-saharan africa, middle-east, southeast asia...etc)

how do I go about opening joint bank accounts without a SSN myself and without a NI number in the UK for my fiancee? And further, what are the taxation implications to us of doing such?

Foreign nationals can open up a bank account in the US (as well as IRA accts, stock trading accounts, etc). You start by getting an "ITIN Number" which is like a substitute for a SSN, and giving the bank some documentation. Here's some info on the ITIN. It's a lot of paperwork, fairly annoying...and not worth it in IMO, unless you have another need (other than this) to open a bank account. If you're going to use just to park money in it, I doubt you will have much tax liability (maybe some pocket change from interest earned?) and probably won't even have to file a tax return. Disclaimer....I'm not an accountant though.

http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN)

After you get married, there are easier (and free'er) things you can do along these lines...such as adding your wife to your employer health benefits, retirement/bank account beneficiary, etc.