Help me pick the best option

[rdella 0]

Hi all

 

I am engaged to an American student currently studying in the UK (where we both live).  She is in year 4 of a 5 year programme and we are currently trying to decide whether to stay in the UK or the US after she finishes.  We have lived together for around one and a half years and are not in a rush to get married as we want to plan a special day and save some more money for it.  From what I understand the process for her to update her student visa in the UK assuming we were to stay here is fairly straightforward, however the American system for me to get a visa seems a bit more complicated.  

 

A couple of questions initially regarding a fiance visa -

1. Am I right in thinking that if we got a K1-Fiance visa that would mean we have to marry within 90 days of me entering the US?
2. If this is the case, is there any way to have this extended, or is this visa purely meant for couples who are going to get married straight away?   
3. If this is the case, am I right in thinking I also couldn't work until we were married?
4.  

Ideally we would probably like to wait a couple of years after she graduates to get married.

 

I have also been looking into us getting married and from what I understand if we were to get married in the UK first we would apply for a CR-1 spouse visa, or if it were in the US it would be a k3 spouse visa (please correct me if I'm wrong).  I wondered if there is an advantage of doing one of these over the other?  I read that a CR-1 visa may take a few months extra to be granted, although this information was from 2013 so I'm unsure if that's still the case.

 

Any guidance on the best way to proceed would be greatly appreciated.

 

Thanks

Ross 

[Penguin_ie 5,997]

1. Correct

2. No way to get it extended.  The visa is not to live in the USA, it is to get you there after you already decided to marry.  Now, it doesn't specify you need a huge/ religious  wedding.  What some people do is get married legally in a court house as soon as they arrive, and then safe up for a religious wedding/ large reception some months or even years later.

3.  Correct.  After your wedding, you need to send in AOS, and include EAD and AP (Adjustment of Status, Work permit, Travel permit).  EAD and AP you will get in 1.5-3 months, so with that you can work, and travel back to the UK if you need to for holidays etc. The actual greencard can take several more months to get.

[Penguin_ie 5,997]

Sorry missed the second part.

 The K3 is obsolete, forget it.  You are correct about the CR-1 spousal visa, after a legal marriage.  It takes longer than the K1, but is significantly cheaper and you can work and travel right away after arrival, no more paperwork.  A lot really depends on where you want to get married, US or UK