UK Citizen engaged to USC - Various options

[shoesoff 6]

Hello VisaJourney folks. Thank you so much for everything you all do. We've already been helped a tonne by various posts and peoples' useful advice. It's wonderful.

 

My situation:
I am a UK citizen, with a home and job (freelance) back in England. This is my third trip to the states in the last 2 years and last week I proposed to my girlfriend.
We have spent the last week putting together our K-1 (again, with a lot of help from the people on this forum) but just yesterday we stumbled upon yet more information that is making us question our best option.

Our initial plan (Option 1) is to send off the I-129f this week, while I am still in the states to sign everything. Then I will return home (February 10th) and wait for approval, go for the interview in London whenever it's possible and return on the K-1, assuming it's granted, to get married in the US toward the end of the year. We were then hoping to then head back to the UK to celebrate with family and friends there but as I now understand it, I would either void my application for AOS or I would need a parole for travel - how difficult are those to secure?

Option 2 would be to scrap our plans for the K-1 (and save a substantial chunk of money) and get married in the UK when my fiancée comes to visit in the summer, which she is already planning to do.
My questions here are:
How difficult is it to obtain the Marriage Visitor visa for the UK. The gov.uk website suggests it's a simple 30 day process that costs £87... A lot less hassle than the 10 month >$1000 K-1 process! Is this true though? Has anyone here got married in the UK in the last year using the Marriage Visitor visa? We would simply get legally married, no big event - just us, in the UK and have the proper ceremony and celebrations back in the US later in the year.
The other question here would be what visa I would then return to America on? Can I use an ESTA to visit and have a wedding ceremony after I'm legally married in the UK? And would I be allowed to stay while I wait for adjustment of status, like after getting married on the K-1?

Option 3 is that I legally get married here in America before I return to England in two weeks. I understand that when I've been in the states for more than 60 days and THEN get married, the burden is on the state to prove my dual intent to marry when I entered back in November. Is that correct? Is it as dodgy as it sounds to get married on my current tourist visa (I'm on my 75th day right now)? And would I have to then stay longer to wait for the AOS? Or could I return to the UK and wait for it there? (would my fiancée then be able to join me there in the summer as planned and wait for the AOS with me?)

I apologise for this mammoth essay of questions but these options all seem completely viable at the moment and we are trying to figure out our best route in terms of time, money and emotional toll! And really I'm just trying to find out if anyone else had these options and felt like they made the right decision.

Thank you so much for reading and taking the time to help people like me.
It's really greatly appreciated.

Peter.

[Georgia16 2,858]

You can do the K-1 as planned (after you get married in the us you file AOS incl. AP and EAD those will take 90 days to get. No timeline for the AOS)

 

You can wait and get married in UK when she comes in the summer and then file CR-1 visa (takes a year to get)

 

You can get married now and start the CR-1 visa and then you can go home and you can have a bigger wedding this summer when she comes and visit you and then you'll already be half way in the CR-1 process.

 

You can get married now and you can file AOS but if you leave without the AP then the whole AOS case gets denied so you'll have to wait for the AP card to come takes 90 days from when you file. 

 

 

With CR-1 visa you can work, travel and get the GC when you arrive here. With the K-1 and staying and AOS you will have to wait when the travel, driving and working until you get the AP/EAD.

[shoesoff 6]

Thank you Georgia!

So, just to clarify...

Option 1. We file for the K-1, get married later in the year, I then have to wait 90 days after I'm married for the AP and EAD.

Option 2. We get married in the UK and apply for the CR-1 immediately (can that process be started from the UK?) and wait up to a year for that to be approved. Would I not be permitted to visit the States under any circumstances following that application? Could I still use the Visa Waiver for example? And visit again in Sep/Oct?
Option 3. We get married now and begin the CR-1 application process, see each other in the UK (any restrictions here if she leaves the country during the process?) and then wait potentially until 2018 for me to return. Again, could I visit while my CR-1 application is pending?
Option 4. We get married and file for AOS and wait for AP and EAD but that would be voided as soon as I leave. Would I be breaking the 90 day rules of my current visa if I were staying in the US waiting for the AP? Or do I effectively start a new visa when I apply for AOS?

Thank you again for your answers. I'm just trying to make sure I have it all correct!
P

[shoesoff 6]

I'm sorry. I've since found a number of posts that say I can visit using the Visa Waiver while my CR-1 application is being processed.

I guess the question for me would then be, does having a, for all intents and purposes, formal wedding (ceremony, reception, vows, etc.) be something I am allowed to do on a visitor visa? If I'm already married and filing for immigration, which I would explain to the CBP, essentially I'd just be having a big party right? And as long as I can prove my intent to return to the UK and wait for my CR-1, I'd be OK?

I'm still a little confused on the process immediately following our marriage on the K-1 too. Assuming I get married in the first 20 days of arrival, do I only have 70 days to wait for my AOS? Or does my applying for AOS grant me semi-permanent stay (until I receive the AOS/AP/EAD)?

Thank you again.

Edited January 30, 2017 by shoesoff
Forgot a question mark

[Georgia16 2,858]

11 minutes ago, shoesoff said:

I'm sorry. I've since found a number of posts that say I can visit using the Visa Waiver while my CR-1 application is being processed.

I guess the question for me would then be, does having a, for all intents and purposes, formal wedding (ceremony, reception, vows, etc.) be something I am allowed to do on a visitor visa? If I'm already married and filing for immigration, which I would explain to the CBP, essentially I'd just be having a big party right? And as long as I can prove my intent to return to the UK and wait for my CR-1, I'd be OK?

I'm still a little confused on the process immediately following our marriage on the K-1 too. Assuming I get married in the first 20 days of arrival, do I only have 70 days to wait for my AOS? Or does my applying for AOS grant me semi-permanent stay (until I receive the AOS/AP/EAD)?

Thank you again.

Yes you are allowed to get married on a visitor visa, people do that all the time.

 

No the 90 days are from when you file the AOS paperwork after you get married. 

[shoesoff 6]

Amazing. Thank you.

Final question (I think).
If we were to file for the CR-1, is my fiancée (would be wife) allowed to visit me in the UK? Are there any restrictions on her travel once the application is submitted?
And would she have to physically be in the country to apply?

Thanks.

[Georgia16 2,858]

Just now, shoesoff said:

Amazing. Thank you.

Final question (I think).
If we were to file for the CR-1, is my fiancée (would be wife) allowed to visit me in the UK? Are there any restrictions on her travel once the application is submitted?
And would she have to physically be in the country to apply?

Thanks.

No nothing she can visit as many times as she would like.

 

No she would not have to be in the US to send the papers off. 

 

But as said if you marry and send papers now then in about a year you can move. And you can still have the 2nd wedding in the UK with family and friends  

[caliliving 606]

the CR1 prob makes more sense.. u can get married now, go home and then file the paperwork.. u shouldnt have a problem visiting on your VWP (since you are from a VWP country it will be easy for you to visit). 

the paperwork takes a year.. but once u enter the USA u will have a GC and SSN and u can work/travel right away.

 

if you do the k1 then once u get approved (6ish months) u enter the USA and u have to get married within the 90 days! THEN u have to file the paperwork (very few people file it the day after they get married)during this time u cant leave.. so u would be in the USA 4-5 months not being able to leave.

 

if you are in the USA now and you get married and AOS, u CAN NOT leave the country until you get your GC.. that could be like 6 months (or even more) or at least until you have AP.