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Posted

Hi there all

 

i need to ask some questions, 

my partner is in the USAF and I'm living and a UK Citizen but have a b1/b2 visa etc.. we plan to get engaged next year and married but need to know the correct ways about going about this so i can join him in the USA as he is able to move due to his job. I would be able to move once i have agreed card or right to work and transfer with my job but i don't want to give up my job and have issues trying to get another one etc.. and have no income. i travel in and out of America a lot on my C1 visa for work as flight attendant etc..

 

can you advise the best way and which paperworks need to be filled out and process and how long things take etc..

 

many thanks 

Posted

I live in the Uk and have a b1/b2 visa for travel and a c1 (crew visa) 

 

my question was - can u enter on my b1/b2 and get married ? Or will there be issues as it’s a holiday visa ? I would return to the uk after anyway as i need to work and what visa or process after being married do we fill out etc and how long does this take 

as I have read that getting married when you enter on the b1/b2 Visa can be seen to be against the visa rule and people have had issues etc so that’s why im asking for all the information as I do not want any issues from

start to finish etc

Posted

Ah oki, then I understand. 
Well, I cant really answer your question actually.... 
I know that it isnt allowed to marry and file for AOS (Which is the GC) on a esta or tourist visa if your intentions were to get married and stay in the US.
But as you will be going back to UK after you guys have married I am not sure, hopefully some one else can answer on that for you.

Can he not come to the UK? So you guys can get married?

May I ask what your plan is after you eventually get your GC? To live in the US permanently? 

Anyway, as you want to go back to UK and work after you are married (if you marry in either the US or UK) your only option is to apply for the spouse visa. I have heard that a spouse visa can take one year or more. 

I came to the US on a fiance K1 visa.

Posted

My partner is in the Airforce so he can’t move to the UK. 

Once we get married I would

like to file to get a green card etc so I can

move to the US and be with him as it’s our only option as he is the USAF so -I can

transfer from the UK to the US where is living and based  and of course we want To be together - I can travel back and forth until it’s all done etc as that’s only option - 

 

i don’t know if need to file for a K1 visa and then get married and go back and apply for green card etc and then able to transfer with my company - as before im

abale to transfer I need to show I will have the right to work etc.. so im just trying to understand all this process as don’t want to do the wrong thing- 

i didn’t expect to fall In love with some in the USA essp in the AF but I have and I don’t want to give him up

and we both willing to do what we have to , to be together etc..

Posted (edited)

There's no issue marrying on any status (or no status...even people who enter without inspection can marry). You cannot enter with intent to marry and stay, though. Since you will return home, you're fine.

 

As for entry at POE, that's at the discretion of the CBP officer. Coming from the UK, you're unlikely to draw much scrutiny, but always carry proof of your ties to return home just in case. :)

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
Just now, y2000_11 said:

That’s great 

 

do you also know once we marry what the next step is- what we file for etc time

it takes etc.. just the process etc.. just so I have a idea. 

 

Many thanks in advance guys it’s very much appreciated !!


But what is your plan after you married? Are you going to live in the US permanently? In that case you apply for the spouse visa.

Posted
Just now, y2000_11 said:

Once married I want To move to LA and be with him which ever way I need apply etc.. but I need to right to work so I can transfer with my job and work there etc..

 

hope im

making sense 

Ok. I really think that you should get married first, then go back to the UK and apply for the spouse visa. In that way you can still work in the UK and when it is all approved you can start the process in transferring your job.


Your other option is to apply for the K1 visa. That alllow you to move to the US before you are married (You have to get married within 90 days) then you apply for the GC while you are in the US and you can not work or leave the US. 

I think the spouse visa sound better for you, I know that it takes a little bit longer but you can still visit him during the time. (And he can visit you)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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