UK citizen marrying US citizen with 2 children

[wilefrankie26 0]

Hi all

My fiancée and I got engaged last December and were planning on applying for a Fiancee visa for myself and my 2 children (17 and 11). However, because of the issues with same sex marriage and the fact that she only has 1 daughter who could come with her, we decided to get married over here in 2017 (nothing booked yet). The Fiancee visa allows children under 21 to come on the same visa.

BUT I notice that with the spousal visa, the marriage has to take place before the child's 18th birthday, which is impossible as that's 7 months away.

If we decided to get married in the UK, what visa would we have to apply for, for my eldest and if I and my youngest get the visa, is there a chance that my son won't get his?

Thanks for any help.

[Boiler 46,156]

Marry in 2017

Move in 2018

17 year old will be say 20 so begs the question of he will want to come.

You get here and can file for him F2b category takes about 7 years.

[wilefrankie26 0]

Umm, ok?

Firstly I cannot move over without my son. Due to past abuse by other parent and paternal grandparent, he has anxiety disorders and I cannot leave without him - especially 7 years.

Also looking to move end of 2017 and he would be 19 1/2.

Please can someone give me more clarification as to how to file for him if we marry after he is 18?

Thanks

[Boiler 46,156]

for details of how to petition someone..

To move at the end of 2017 I presume you are looking to get married in January and file asap?

Possibly might squeak into F2a which is nearly 2 years wait but asking a lot and a high risk option.

Maybe look at a Student Visa?

[Nich-Nick 3,354]

You need to understand that there are an unlimited number of visa available for spouses, fiancés, and children of US citizens. To be considered your US spouse's child, the marriage has to take place prior to the child's 18th birthday. Your new spouse could petition for her step children and you. Three petitions. $420 each.

After you get a spouse visa and greencard, you could petition (as a permanent resident) for your son. His age at the time determines if he is called "child" or "son" with son being basically an adult. BUT there are number limits on how many of those kinds of visas can be given out each year. So he ends up in a queue that can be many years long before he gets to the head of the visa line.

Or you can wait until you become a U.S. Citizen...3+ years after greencard, and petition as a citizen instead of permanent resident. If he was still a "child", no limit on visas. But he will be an adult by then so a limit and a queue to wait for a visa to become available.

Or your US fiancé can petition for the fiance and children now on one petition $340 and every body gets in immediately...well months of waiting on the process...but no queue for limited visa numbers.

Lots to work out and study. This sort of explains the categories and current wait times. http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

[wilefrankie26 0]

So, for our situation, we are better suited to get the K1 visa and marry in the U.S.?

That was our original plan and then it changed, so no harm going back to that

[Penguin_ie 5,997]

How old exactly is the son (don't give exact birthday, but month and year)? My concern with the K1 is, unless he only just turned 17. the K1 may not be done in time before he turns 18.

If you marry now-ish- before the son turns 18- your spouse can then petition you as a spouse and the child as "child of USC", and you can time the two petitions so you can move at the same time. That would likely be safest. I know to marry in the UK, you need a specific visa, and that takes time too... so you may be better off marrying elsewhere (Las Vegas on a holiday? Carribean if they allow same sex weddings?)

[wilefrankie26 0]

He turned 17 in April this year, however K1 allows unmarried children up to 21.

We can't marry now because of the time you have to wait for a marriage license so Fiancee has to do 2 trips.

I also have to factor in my court time to get permission to move my 11 year old abroad. Therefore K1 seems to be the best option.

[Nich-Nick 3,354]

What if you flew to the U.S. on VWP and had a quick marriage at a court house? There is no long waiting period. Seems like you are trying to marry in the UK which further complicates things. That's what Penguin is suggesting if the spouse visa appeals to you. Then you have a child of USC situation in place.

I didin't quite follow the reason why you don't want to marry until 2017. When exactly would you be willing to pack up and move to the U.S.?

[wilefrankie26 0]

It's down to finances basically. I'm just changing jobs due to ill health and as a single parent with 2 kids I can come up with that kind of money as it would just be a quick trip for me, it's me plus 2 kids plus boarding animals. Also my fiancée graduated last year and is looking for work so again, finances.

Marrying in the UK was an idea as the same sex law hadn't been passed in the U.S.. Now it has it seems that the fiancee visa would be better suited.

Financially if it could happen next year, we would - however we said 2017 to be "realistic" with our goals.

Also as I said, I have an 11 year old and I have to get a court order to be able to remove her as I was married to her father and that process can take 2 years.

[Boiler 46,156]

Should not take 2 years assuming the Father is agreeable.

[wilefrankie26 0]

Father is not agreeable. Hasn't worked since e feb last year. He and new wife both unemployed and barely speaks or sees kids. However his mother and sister are both on our side.

We are currently filing to change youngest a surname to my fiancées name (me and eldest both changes ours by DP) and we have mum and sisters blessing on that as well. Been told by a solicitor it can take up to 2 years, so I'm a pessimist and go for 2 years.

[Boiler 46,156]

The usual negotiating tactic is to agree to forgo child support.

[wilefrankie26 0]

Unfortunately he has already stated to child he has no intention of working or paying support. He deliberately gave up work so he wouldn't have to. So I'm afraid that wouldn't work.

This is a manipulative and controlling man who has abused his own son, abused me mentally and physically and attempted suicide at least 3 times to stop me from leaving- I can safely say that is not going to happen.

[Boiler 46,156]

The obvious solution is for her to move to the UK.