new here & confused about options

[angie-graham 0]

Hi everyone-

I'm Angie (here in Boston) and my future husband is Graham (up in the northeast of England). We met online last August and he flew over to Miami (where I was living at the time) on October 2nd. Then I flew over to visit him in November, he came to Boston at the end of December/into January, I went back over in February. Next month I go over & he flies back with me (we'll be together for 21 days; our longest trip so far!). We're both self-employed, so that's why we can travel so frequently (we have a time limit of 6 weeks or we start to go a bit stir crazy).

Ok, so a question: we plan on getting married (at some point) but he is unable to move here to Boston until September of 2009. His daughter is still in high school & we have to wait for her to graduate (bribes to finish school in the U.S. have failed...). Obviously we are not in any major rush but we want to start preparing.

We've both read through the visa options and I spoke with an immigration attorney who recommended that we file via the fiance visa. But is that really necessary if we're not in a hurry? Technically he won't be able to move for 2+ years, so should we get married first & then file (I think we'd both prefer to get married sometime in the next year).

Any advice would be greatly appreciated!

Thanks!

[~Chad~ 0]

Welcome to VJ!

If you want to get married next year but he can't move here until '09, sounds like a k-3 visa is right for you. Good luck on whatever you decide.

[Niels Bohr 72]

WELCOME TO VJ!!!

[Savanphil 3]

Welcome to VJ

[lirachadsbaby 0]

Welcome To VJ. Good luck on whatever decision you will have on which of which visa.

[payxibka 10,045]

Welcome to VJ!

If you want to get married next year but he can't move here until '09, sounds like a k-3 visa is right for you. Good luck on whatever you decide.

Don't forget IR/CR1 as that would be a viable marriage based visa as well...

Realize that whatever you decide, the visa has a validity date of 6 mos. from issuance until it MUST be used (by entering the US).

The K-1 fiance(e) visa maybe problematic for you because it is a single entry visa and if you leave before AOS or AP he will not be able to re-enter. The other consideration is what are your intentions for the child. Each visa type handles dependent children a bit differently.

[angie-graham 0]

Welcome to VJ!

If you want to get married next year but he can't move here until '09, sounds like a k-3 visa is right for you. Good luck on whatever you decide.

Don't forget IR/CR1 as that would be a viable marriage based visa as well...

Realize that whatever you decide, the visa has a validity date of 6 mos. from issuance until it MUST be used (by entering the US).

The K-1 fiance(e) visa maybe problematic for you because it is a single entry visa and if you leave before AOS or AP he will not be able to re-enter. The other consideration is what are your intentions for the child. Each visa type handles dependent children a bit differently.

If we only have 6 months to use it, does that mean that he has to enter to live or just enter? We go back & forth every month so just entering isn't an issue. His daughter will be 18 by then, so she will either start college in England or enter the US on a student visa.

[Dan J 277]

K-1 is single entry and valid for only 6 months. You wont be able to leave the country again until you either have Advanced Parole or Green Card.

K-3 and or CR-1/IR-1 I think is a multiple entry visa good for 2 years. Check the guides for more information on that. Im not quite sure.