Possibly the most complex visa related question in the world!!!

[aaron2020 11,651]

So to confirm the best way to do this would be to obtain a K visa once she has divorced and naturalized. This cannot be done before she becomes a citizen or it is not advised? Dude. What part of must be a USC to file for a K-1 fiancee visa and an LPR can not file for a K-1 visa did you not understand?

Travel to the US on the VWP in the interim and adhere to the 90 days length of stay period.

I gather obtaining a K visa can take between 2- 12 months currently in the UK with all the correct paperwork, i cannot travel to the US within in this period, is this correct? No. Read the "Yes, you can visit" thread that is pinned at the top of the K-1 forum.

Once the K visa has been obtained i can stay in the US and adjust status my status once we are married. That's the purpose of the K-1 visa.

Anything else? Read the Guides.

[Kastrs 723]

So to confirm the best way to do this would be to obtain a K visa once she has divorced and naturalized. This cannot be done before she becomes a citizen or it is not advised?

Travel to the US on the VWP in the interim and adhere to the 90 days length of stay period.

I gather obtaining a K visa can take between 2- 12 months currently in the UK with all the correct paperwork, i cannot travel to the US within in this period, is this correct?As long as you abide by the terms of the VWP you can contine to VISIT the US while your K1 is being processed

Once the K visa has been obtained i can stay in the US and adjust status my status once we are married.

Anything else?

[TBoneTX 45,292]

Welcome to the forum.

[Boiler 45,518]

Welcome to the Forum

PS Why not continue with the E2?

[Cathi 5,748]

So to confirm the best way to do this would be to obtain a K visa once she has divorced and naturalized. This cannot be done before she becomes a citizen or it is not advised?

Travel to the US on the VWP in the interim and adhere to the 90 days length of stay period.

I gather obtaining a K visa can take between 2- 12 months currently in the UK with all the correct paperwork, i cannot travel to the US within in this period, is this correct?

Once the K visa has been obtained i can stay in the US and adjust status my status once we are married.

Anything else?

what are you not understanding, she cannot apply for a k1 for you until she is divorced and naturalized. It is the law, not advised. Period.

[caliliving 606]

are you still able to travel and visit on VWP while a CR1 is being processed?? why not just wait until she is divorced, get married and do it that way?

[Sukie 1,460]

Dear OP,

Please be careful with the VWP. My now-spouse got warned when she entered the US once - and it totally freaked her out. Don't stay the full 90 days. Do stay OUT of the US longer than you stay IN the US. 6-8 weeks will probably not put you on the radar. 89 days 4 times a year will get you on the radar!!!

K-1 is faster than CR-1. K-1 is more expensive than CR-1.

Best of luck to you!

Sukie in NY

[Pitaya 2,577]

Welcome to the forum.

[flfreddy 92]

Good news is at least you can come in on a VWP to visit gf every few months. Others in other country have a hard time to get even tourist visa to come visit.

You can marry and file under greencard F2A and wait 1-2 years. If she becomes US citizen in between, then upgrade to CR1.

OR

Wait for her to be USC, then apply K1, then come in here convert to CR1. BUT do not marry until you are in K1 status else you disqualify for K1 visa.

[MacUK 983]

A bit of Google-Fu.

You need to be aware that for a K-1 visa your fiance needs to be 'Free to marry' when she files the petition.

Texas has a 30 day waiting period AFTER the divorce is finalised in which she cannot marry, therefore not free to marry.