My fiance is uk citizen, im US citizen. which path should we take

[garyandkris 0]

MargotDarko, sorry if this is OT, but you mentioned people being resident in the UK for at least 11 months before you can do DCF. I had a 2 year LLR visa which began in December 2004. In September, 2006, when I called the UK embassy helpline and then the USCIS London office, they told me I wouldn't be eligible for DCF until I received ILR in January. If I attempted to file directly, the forms would be sent back and I wouldn't receive a refund.

I'm slightly annoyed to find that I might have been able to stay in the UK with my husband while this process was going on. We've received bad information several times from the embassy, with the not-much-help-line being the main source of misinformation. They actually told us on three different occasions that my husband should enter the US on the VWP and then adjust status. The third time we rang, we asked what we should said at the POE, and they advised us to lie. Brilliant.

Ah, well. It's all water under the bridge now, I suppose.

[MargotDarko 0]

MargotDarko, sorry if this is OT, but you mentioned people being resident in the UK for at least 11 months before you can do DCF. I had a 2 year LLR visa which began in December 2004. In September, 2006, when I called the UK embassy helpline and then the USCIS London office, they told me I wouldn't be eligible for DCF until I received ILR in January. If I attempted to file directly, the forms would be sent back and I wouldn't receive a refund.

I'm slightly annoyed to find that I might have been able to stay in the UK with my husband while this process was going on. We've received bad information several times from the embassy, with the not-much-help-line being the main source of misinformation. They actually told us on three different occasions that my husband should enter the US on the VWP and then adjust status. The third time we rang, we asked what we should said at the POE, and they advised us to lie. Brilliant.

Ah, well. It's all water under the bridge now, I suppose.

Yes, it is very annoying that they say one thing officially but do quite another thing in practice. I almost didn't attempt to file with the London USCIS office, but I was talking to people at www.diveintoamerica.com and many people had more than 11 mos but not ILR and had their petition processed. Like I said, I had 19 mos (most of it on a student visa and part LLR), and they're currently processing my petition. But I know if I had called they would have said I had to have ILR.

And holy cow! That's crazy being told to enter on VWP and adjust status! I'm really glad you knew better.

[ChristinaM 0]

we will still be "engaged" when she comes here . its not uncomon that i go there fto meet her, then she comes back to meet me here

And?

There is no guarantee that she will be admitted as a visitor - even if you are only "engaged". If she has been using the VWP frequently, that makes it even more likely that she will be subject to rigorous questioning at the POE.

I'm sorry that you don't like the idea, but it is important that you consider what you will do if it happens. Entry to the US is not a god-given right; it is a privilege which can be revoked at the whim of an IO at the POE.

[bakofoil 27]

I'm new to VJ having just returned from the US after meeting my fiance for the first time. I've found the message boards exceptionally helpful so far since the transition from being in love with a USC to actually making plans for a lifetime with them is a huge learning curve apparently.

After reading this board I'm somewhat confused as to what the best course of action is with regards to which partner goes where. Clearly, most of us would agree that the less time we spend apart is advantageous. However, from reading the threads I realise this is not always practical or possible.

After visiting the US we decided that it would be preferential longterm for me to live there, taking into account family support networks and the simple fact that I thoroughly enjoyed being there with him and his friends and family. My career is also transferrable, whereas his prospects are less firm currently...for a variety of reasons. So, I have looked into the K1 process in fine detail.

Having said all of this, when we initially talked about the future we did discuss the possibilty of him moving over to the UK. Since, it's going to take many months for us to gain a K1 visa, I wonder from the comments in this thread whether people who have already started the K1 process actually wish they had applied for a fiance visa in the UK then converted that to a spouse visa whilst living in the UK together when both parties were legally able to return to the states.

I have not started any process yet, having only returned a week ago, but I would like to get all the facts in order before I commit either way. Can anyone clarify the position on relative timescales of the fiance visa application for the US and comparitive timescales for the reverse situation bearing in mind that both he and I wish to live in the states ultimately.

Thanks!

[bakofoil 27]

It's ok, I got my answer. The USC would not be entitled to work on a UK fiance visa...so it's not a viable option.

[homesick_american 1]

It's ok, I got my answer. The USC would not be entitled to work on a UK fiance visa...so it's not a viable option.

No, but adjusting to a visa that does allow you to work is very easy and they're usually processed very quickly. Mine took a month.

[MargotDarko 0]

I'm new to VJ having just returned from the US after meeting my fiance for the first time. I've found the message boards exceptionally helpful so far since the transition from being in love with a USC to actually making plans for a lifetime with them is a huge learning curve apparently.

After reading this board I'm somewhat confused as to what the best course of action is with regards to which partner goes where. Clearly, most of us would agree that the less time we spend apart is advantageous. However, from reading the threads I realise this is not always practical or possible.

After visiting the US we decided that it would be preferential longterm for me to live there, taking into account family support networks and the simple fact that I thoroughly enjoyed being there with him and his friends and family. My career is also transferrable, whereas his prospects are less firm currently...for a variety of reasons. So, I have looked into the K1 process in fine detail.

Having said all of this, when we initially talked about the future we did discuss the possibilty of him moving over to the UK. Since, it's going to take many months for us to gain a K1 visa, I wonder from the comments in this thread whether people who have already started the K1 process actually wish they had applied for a fiance visa in the UK then converted that to a spouse visa whilst living in the UK together when both parties were legally able to return to the states.

I have not started any process yet, having only returned a week ago, but I would like to get all the facts in order before I commit either way. Can anyone clarify the position on relative timescales of the fiance visa application for the US and comparitive timescales for the reverse situation bearing in mind that both he and I wish to live in the states ultimately.

Thanks!

Unless your fiance would be able to live in the UK with you an extended time (like just under two years), I'm pretty confident that you'll find the K1 visa the best in the long run. He can petition for you ASAP, and I believe it takes a little less than a year. Filing Adjustment of Status is a pain in the butt and pretty expensive, but the only way to get out of it without being apart for even longer is to have him come to the UK and file with the London USCIS once he's been here for a year (the official line is that he has to have Indefinite Leave to Remain to file in London, but most people are accepted after about 11 months on a non-tourist UK visa).

Filing with a US service center while living here in the UK is possible, but I've heard quite a lot of confusion and delay can be caused if you're not careful. So, I vote for the K1 visa and have him visit you in the UK as a tourist when he can. Also, if you have strong ties to the UK (job, lease/mortage, uni to finish), you should be safe to visit him the US as well. Since you want to live in the US with him within the next few years, the K1 will also be the least amount of money with the least time of separation.

Well, another option is for you to make another trip to the US, marry him, and return to the UK while he files the I-130 and wait for a CR1 visa, which has the most benefits. It would take a long time - usually a year from the date of filing - and would probably cause the most time apart, but it would also be the best visa and the least amount of money in the long run.

He couldn't work in the UK on a fiance visa, like you said, but homesickamerican is right that it doesn't take long to adjust. It takes a lot of money now because of the new fees but not a long time. You can see the new UK visa fees here -

http://forum.diveintoamerica.com/showthread.php?t=3593

That's a good forum as well.

[bakofoil 27]

I'm new to VJ having just returned from the US after meeting my fiance for the first time. I've found the message boards exceptionally helpful so far since the transition from being in love with a USC to actually making plans for a lifetime with them is a huge learning curve apparently.

After reading this board I'm somewhat confused as to what the best course of action is with regards to which partner goes where. Clearly, most of us would agree that the less time we spend apart is advantageous. However, from reading the threads I realise this is not always practical or possible.

After visiting the US we decided that it would be preferential longterm for me to live there, taking into account family support networks and the simple fact that I thoroughly enjoyed being there with him and his friends and family. My career is also transferrable, whereas his prospects are less firm currently...for a variety of reasons. So, I have looked into the K1 process in fine detail.

Having said all of this, when we initially talked about the future we did discuss the possibilty of him moving over to the UK. Since, it's going to take many months for us to gain a K1 visa, I wonder from the comments in this thread whether people who have already started the K1 process actually wish they had applied for a fiance visa in the UK then converted that to a spouse visa whilst living in the UK together when both parties were legally able to return to the states.

I have not started any process yet, having only returned a week ago, but I would like to get all the facts in order before I commit either way. Can anyone clarify the position on relative timescales of the fiance visa application for the US and comparitive timescales for the reverse situation bearing in mind that both he and I wish to live in the states ultimately.

Thanks!

Unless your fiance would be able to live in the UK with you an extended time (like just under two years), I'm pretty confident that you'll find the K1 visa the best in the long run. He can petition for you ASAP, and I believe it takes a little less than a year. Filing Adjustment of Status is a pain in the butt and pretty expensive, but the only way to get out of it without being apart for even longer is to have him come to the UK and file with the London USCIS once he's been here for a year (the official line is that he has to have Indefinite Leave to Remain to file in London, but most people are accepted after about 11 months on a non-tourist UK visa).

Filing with a US service center while living here in the UK is possible, but I've heard quite a lot of confusion and delay can be caused if you're not careful. So, I vote for the K1 visa and have him visit you in the UK as a tourist when he can. Also, if you have strong ties to the UK (job, lease/mortage, uni to finish), you should be safe to visit him the US as well. Since you want to live in the US with him within the next few years, the K1 will also be the least amount of money with the least time of separation.

Well, another option is for you to make another trip to the US, marry him, and return to the UK while he files the I-130 and wait for a CR1 visa, which has the most benefits. It would take a long time - usually a year from the date of filing - and would probably cause the most time apart, but it would also be the best visa and the least amount of money in the long run.

He couldn't work in the UK on a fiance visa, like you said, but homesickamerican is right that it doesn't take long to adjust. It takes a lot of money now because of the new fees but not a long time. You can see the new UK visa fees here -

http://forum.diveintoamerica.com/showthread.php?t=3593

That's a good forum as well.

Thanks, this has made things so much clearer. I figured the K1 was probably the way to go but then I got unsettled by some info posted previously on this forum. Many thanks to both you and homesickamerican for the clarification.

[meauxna 15]

but then I got unsettled by some info posted previously on this forum.

Which information?

[MargotDarko 0]

I'm new to VJ having just returned from the US after meeting my fiance for the first time. I've found the message boards exceptionally helpful so far since the transition from being in love with a USC to actually making plans for a lifetime with them is a huge learning curve apparently.

After reading this board I'm somewhat confused as to what the best course of action is with regards to which partner goes where. Clearly, most of us would agree that the less time we spend apart is advantageous. However, from reading the threads I realise this is not always practical or possible.

After visiting the US we decided that it would be preferential longterm for me to live there, taking into account family support networks and the simple fact that I thoroughly enjoyed being there with him and his friends and family. My career is also transferrable, whereas his prospects are less firm currently...for a variety of reasons. So, I have looked into the K1 process in fine detail.

Having said all of this, when we initially talked about the future we did discuss the possibilty of him moving over to the UK. Since, it's going to take many months for us to gain a K1 visa, I wonder from the comments in this thread whether people who have already started the K1 process actually wish they had applied for a fiance visa in the UK then converted that to a spouse visa whilst living in the UK together when both parties were legally able to return to the states.

I have not started any process yet, having only returned a week ago, but I would like to get all the facts in order before I commit either way. Can anyone clarify the position on relative timescales of the fiance visa application for the US and comparitive timescales for the reverse situation bearing in mind that both he and I wish to live in the states ultimately.

Thanks!

Unless your fiance would be able to live in the UK with you an extended time (like just under two years), I'm pretty confident that you'll find the K1 visa the best in the long run. He can petition for you ASAP, and I believe it takes a little less than a year. Filing Adjustment of Status is a pain in the butt and pretty expensive, but the only way to get out of it without being apart for even longer is to have him come to the UK and file with the London USCIS once he's been here for a year (the official line is that he has to have Indefinite Leave to Remain to file in London, but most people are accepted after about 11 months on a non-tourist UK visa).

Filing with a US service center while living here in the UK is possible, but I've heard quite a lot of confusion and delay can be caused if you're not careful. So, I vote for the K1 visa and have him visit you in the UK as a tourist when he can. Also, if you have strong ties to the UK (job, lease/mortage, uni to finish), you should be safe to visit him the US as well. Since you want to live in the US with him within the next few years, the K1 will also be the least amount of money with the least time of separation.

Well, another option is for you to make another trip to the US, marry him, and return to the UK while he files the I-130 and wait for a CR1 visa, which has the most benefits. It would take a long time - usually a year from the date of filing - and would probably cause the most time apart, but it would also be the best visa and the least amount of money in the long run.

He couldn't work in the UK on a fiance visa, like you said, but homesickamerican is right that it doesn't take long to adjust. It takes a lot of money now because of the new fees but not a long time. You can see the new UK visa fees here -

http://forum.diveintoamerica.com/showthread.php?t=3593

That's a good forum as well.

Thanks, this has made things so much clearer. I figured the K1 was probably the way to go but then I got unsettled by some info posted previously on this forum. Many thanks to both you and homesickamerican for the clarification.

Glad to help! The K1 guide on here should be really helpful. I'd read it thouroughly and have your fiance do the I-129F asap.

[bakofoil 27]

but then I got unsettled by some info posted previously on this forum.

Which information?

..on this thread, in response to the original question. Whilst the majority of responses appeared to agree the questioner should use the K1 process, one view was that given the opportunity again they would have chosen the 'easier' UK visa route and then transferred as a spouse to the US rather than take the K1 route.

It 'unsettled' me in so much that it came from someone experienced in the process and conflicted with research I had already undertaken. The concensus view appears to be that if the intended destination is the US then the K1 route is best. All I was seeking was some clarification on which route forum members favoured in terms of timeframe, expense and ease of application.

I have yet to submit any application and so am grateful for any input at this stage. It is always interesting when someone throws up an alternate view and I would rather not ignore that view without looking into it further before embarking on this process myself.

[rebeccajo 14]

"Easier" means many different things to many different people.

Being on the backside of this journey, I've got a different perspective than some posters. I'd advise you to take a long hard look at your life plans and select wisely using that information.

Sure, none of us want to spend time apart. But UK/US couples are lucky - we CAN travel and visit each other unlike other couples who don't have the advantage of the VWP. And it usually doesn't cost most of us as much to travel either. As for the visa taking a long time - it does - as it moves through the stateside process. But then again, any beneficiary processing through London is pretty lucky. The consulate is well organized. Paperwork moves through it fairly quickly and the interview process is generally not difficult.

What's important to you as a couple in the long run? You've already begun looking at that. Is it important to you that you can travel freely and work as soon as possible once you arrive? Or do you want to be here with your man as soon as you can? If you do, can you deal emotionally with not being able to travel back home or work for several months?

These are all questions that play into selecting the proper visa. Look at your life goals and don't just get caught up in the present separation you are experiencing. It'll be worth it to you down the road to be honest with yourself.

[meauxna 15]

..on this thread, in response to the original question. Whilst the majority of responses appeared to agree the questioner should use the K1 process, one view was that given the opportunity again they would have chosen the 'easier' UK visa route and then transferred as a spouse to the US rather than take the K1 route.

It 'unsettled' me in so much that it came from someone experienced in the process and conflicted with research I had already undertaken. The concensus view appears to be that if the intended destination is the US then the K1 route is best. All I was seeking was some clarification on which route forum members favoured in terms of timeframe, expense and ease of application.

I have yet to submit any application and so am grateful for any input at this stage. It is always interesting when someone throws up an alternate view and I would rather not ignore that view without looking into it further before embarking on this process myself.

Ah, I see now.

Well, I bring yet another perspective..

Timeframe (to move), expense (to Permanent Resident status/Green Card) and ease of application (all the same, IMO) are good things to consider. As you look at timeframes, believe it or not because this is so screwy, it actually depends on which Service Center your US half uses that will make a significant difference. One SC that is lightning fast for fiance petitions is dead slow for spousal petitions (Vermont), so that can be a major factor.

Working, and how quickly the immigrant partner needs to do it is another factor, as is travel. We rejected paths that required us to wait for Advance Parole to travel because my husband needed to be able to leave the US at the drop of a hat (Mum's health). Depending on which children are involved and what they are doing will have a bearing. Finally, the country youi're immigrating *from* makes a difference--wait times for different types of interviews etc.

So there is some food for thought.. and remember: you can always count on me for an alternate view, it's my specialty!

[bakofoil 27]

..on this thread, in response to the original question. Whilst the majority of responses appeared to agree the questioner should use the K1 process, one view was that given the opportunity again they would have chosen the 'easier' UK visa route and then transferred as a spouse to the US rather than take the K1 route.

It 'unsettled' me in so much that it came from someone experienced in the process and conflicted with research I had already undertaken. The concensus view appears to be that if the intended destination is the US then the K1 route is best. All I was seeking was some clarification on which route forum members favoured in terms of timeframe, expense and ease of application.

I have yet to submit any application and so am grateful for any input at this stage. It is always interesting when someone throws up an alternate view and I would rather not ignore that view without looking into it further before embarking on this process myself.

Ah, I see now.

Well, I bring yet another perspective..

Timeframe (to move), expense (to Permanent Resident status/Green Card) and ease of application (all the same, IMO) are good things to consider. As you look at timeframes, believe it or not because this is so screwy, it actually depends on which Service Center your US half uses that will make a significant difference. One SC that is lightning fast for fiance petitions is dead slow for spousal petitions (Vermont), so that can be a major factor.

Working, and how quickly the immigrant partner needs to do it is another factor, as is travel. We rejected paths that required us to wait for Advance Parole to travel because my husband needed to be able to leave the US at the drop of a hat (Mum's health). Depending on which children are involved and what they are doing will have a bearing. Finally, the country youi're immigrating *from* makes a difference--wait times for different types of interviews etc.

So there is some food for thought.. and remember: you can always count on me for an alternate view, it's my specialty!

I think, on balance, the K1 is the best option. We'll have to use CSC but the wait will be worth it. Seemingly, from what I've seen on this forum London is pretty quick once the NOA2 comes through so I'm prepared for a 6 or 7 month wait all told. We waited that long to meet plus we have such a lot of stuff to get done in the meantime so...

This site is fantastic...I've learned more about the different processes involved from the people going through it than ever seemed likely looking at the immigration websites. Thanks so much for your help.

[Fandango 1,439]

To have the USC get a fiance visa to move to the UK to be with the UKC seems a lot of double work to me. Sure, that solves the distance & time apart issue, but what about the 'being settled in America' issue? Moving is such an ordeal & getting set up in a new environment is so hard...makes me wonder how it could be adventageous for the USC to leave, all the while planning to come back in less than a year. What about the job, house, etc?

Edited April 25, 2007 by LisaD