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Posted

Hello everyone,

 

I apologize in advance if I’m asking questions that have already been asked!   I am just starting out on this visa journey and, as all of you know, it’s an overwhelming process and I was hoping for some help.

 

I am a US citizen, but am currently living in the UK on a 3-year Tier-2 Work Visa through an intra-company transfer.  My work company is based in the US and I should be keeping my same job upon my return.  I am into the last year of my UK residency, my visa expiring early November 2017.

 

While based here in the UK, I have fallen in love.  My boyfriend (UK citizen) and I are making plans on the next steps for us.  We would like to get married, but it’s figuring out where, how, visa applications, etc…

 

The plan is for us to live in the USA.  Living in the UK is not an option for us because he does not work and can’t meet the minimum income requirement.  So, moving to the USA it is for us.  I am fine with meeting the USA visa income requirements through my job, shouldn’t be any problems there.

 

So, we are trying to figure out the best (‘best’ probably meaning the ‘quickest’ in our case) way to move to the States together.  We are not yet married. 

 

I am wondering whether we could get married this year in the UK while on my tier-2 visa, and apply for the i-130/CR-1 process through the DCF London.  From what I’ve read, it sounds like the visa process tends to be a bit easier & quicker through the DCF route?  Plus, doing it that way means we could get started on the process sooner, meaning less time long-distance. 

 

My main question is:  what is the latest that we can submit the DCF London application, since my visa expires November of this year?  I have read that, of course, I would need to be residing in the UK for the initial submission, but that I would be able to return to the USA at any point after the initial filing.  Is this true??  Say if we got married around October and filed the application immediately afterwards.  Would I be able to return home at the end of my visa in early November?   Is there anything that I need to wait for before I can return home?  Will there be any problem with me severing all UK residency ties just a few weeks after submission?

 

Otherwise, it seems like the option is to still get married in the UK this year, and I’ll apply for the i-130 from the US as soon as I return?  I would guess this would mean about a year before he’d be moving to the US.  It also sounds iffy whether him visiting the US while the visa is pending would be a good idea.

 

Final option is waiting until my visa is up in November, then getting married the following year in either the US or the UK, and THEN starting the i-130 process from the States.  But between the time pre-marriage + any additional fiancé visas + waiting for the i-130 process to finish afterwards, that sounds like it could easily be about 2 years before he’d moving to the US.

 

I am still doing my research, but can't seem to find any answers on how long I would have to be in the UK after submitting the DCF London application.

 

Many thanks in advance for anyone able to offer guidance, links, etc...

 

-Caitlin

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Have you considered the K1?  It's about 6 months processing, and you would get married in the US.  

 

The only drawback is once he arrives in the US, he wouldn't have the ability to work until an application is filed for authorization concurrently with the AOS, and the work authorization takes about 90-120 days lately.  K1 is the quickest processing to avoid longer periods of time apart and he can visit during K1.

 

If you time it right, you could actually be returning to the US together.  

 

You will need to provide proof of US domicile, but it sounds like you'd be okay with that as your could get a letter from work stating you're being transferred back to (insert state).  Also if you have a residence upon your return include info about that etc. 

Posted

Thanks for the reply Cryssiekins.  That's true, the K1 could be a good option for us.  This can be done from the UK through the London office as well, right?   And then, once married in the States, it's going through the Adjustment of Status process which can all be done from the US with him living there, is that correct?  There was a slight preference to getting married in the UK, but certainly open to getting married in the US if it makes the process easier.

  • 7 months later...
Posted
On ‎06‎/‎03‎/‎2017 at 11:27 AM, caitlinmimi said:

Hello everyone,

 

I apologize in advance if I’m asking questions that have already been asked!   I am just starting out on this visa journey and, as all of you know, it’s an overwhelming process and I was hoping for some help.

 

I am a US citizen, but am currently living in the UK on a 3-year Tier-2 Work Visa through an intra-company transfer.  My work company is based in the US and I should be keeping my same job upon my return.  I am into the last year of my UK residency, my visa expiring early November 2017.

 

While based here in the UK, I have fallen in love.  My boyfriend (UK citizen) and I are making plans on the next steps for us.  We would like to get married, but it’s figuring out where, how, visa applications, etc…

 

The plan is for us to live in the USA.  Living in the UK is not an option for us because he does not work and can’t meet the minimum income requirement.  So, moving to the USA it is for us.  I am fine with meeting the USA visa income requirements through my job, shouldn’t be any problems there.

 

So, we are trying to figure out the best (‘best’ probably meaning the ‘quickest’ in our case) way to move to the States together.  We are not yet married. 

 

I am wondering whether we could get married this year in the UK while on my tier-2 visa, and apply for the i-130/CR-1 process through the DCF London.  From what I’ve read, it sounds like the visa process tends to be a bit easier & quicker through the DCF route?  Plus, doing it that way means we could get started on the process sooner, meaning less time long-distance. 

 

My main question is:  what is the latest that we can submit the DCF London application, since my visa expires November of this year?  I have read that, of course, I would need to be residing in the UK for the initial submission, but that I would be able to return to the USA at any point after the initial filing.  Is this true??  Say if we got married around October and filed the application immediately afterwards.  Would I be able to return home at the end of my visa in early November?   Is there anything that I need to wait for before I can return home?  Will there be any problem with me severing all UK residency ties just a few weeks after submission?

 

Otherwise, it seems like the option is to still get married in the UK this year, and I’ll apply for the i-130 from the US as soon as I return?  I would guess this would mean about a year before he’d be moving to the US.  It also sounds iffy whether him visiting the US while the visa is pending would be a good idea.

 

Final option is waiting until my visa is up in November, then getting married the following year in either the US or the UK, and THEN starting the i-130 process from the States.  But between the time pre-marriage + any additional fiancé visas + waiting for the i-130 process to finish afterwards, that sounds like it could easily be about 2 years before he’d moving to the US.

 

I am still doing my research, but can't seem to find any answers on how long I would have to be in the UK after submitting the DCF London application.

 

Many thanks in advance for anyone able to offer guidance, links, etc...

 

-Caitlin

Hi,

 

I know this is kind of dated but I am in the exact same situation. My boyfriend and I got married and decided the CR1 route through London embassy so he could work right away and it seems to be easier. We've filed I-130 and are awaiting the next phase. If you still haven't figured out or need any help I'm happy to share our journey!

 
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