Rethinking everything again - leaning towards CR1

[NanRob 9]

Hello,

 

This is my first post on this forum, but I have been in a LDR now for five years. I am a US citizen and I am engaged to a UK citizen. 

 

Currently I am studying abroad in the UK on a Tier 4 Student visa. We were thinking of doing the K1 route but we think it won't be the right option for us anymore, as we are eager to get married and the CR1 allows him to work right away when he's in the US and saves a lot of headaches. We are already spending next year apart from each other as well.

 

My visa expires at the end of July and I am wondering if anyone else has gotten married while on a Tier 4 visa? Is there not enough time anymore? What steps are involved? I do not intend to stay in the UK, as I will be heading back to the US to start the CR1 process. 

 

Any guidance is helpful and greatly appreciated.

 

Nancy

 

[Crazy Cat 41,845]

***Topic moved to What Visa Do I Need****

[JFH 12,190]

You can marry on a Tier 4 visa. You won't be switching to FLR(M) so no need to worry too much about the 'sham marriage' clause. But you will have to provide evidence that the relationship is bona fide.

 

CR-1 is definitely the way to go. You are already living together and can marry where you are now, or anywhere else of your choosing. The K-1 makes no sense in your case as it is essentially an over-priced tourist visa that allows the recipient to stay and eventually become a resident in the US if they pay even more money, marry in the country and within the timeline specified by the government, and spend many months in limbo, unable to work or leave the country. You couldn't pay me enough to do that to myself. Whereas the CR-1 means he will be a permanent resident from day 1 and can work, etc from the get-go.

 

The K-1 is really only useful for people from countries that struggle to get tourist visas to the US or who live in places where it is complicated for them to marry their USC fiancé locally due to visa restrictions and other bureaucracy. Those who feel they can't live apart after marriage also benefit from the K-1 but you are already living together.

 

For information on how to marry in the UK, you will need to look at https://www.gov.uk/marriages-civil-partnerships

[millefleur 5,046]

1 hour ago, NanRob said:

We were thinking of doing the K1 route but we think it won't be the right option for us anymore, as we are eager to get married and the CR1 allows him to work right away when he's in the US and saves a lot of headaches. We are already spending next year apart from each other as well.

Your situation sounds ideal for the CR-1. It is the better visa, grants the beneficiary GC status immediately at POE, including work permission right off the bat (you don't even need the physical GC at the beginning - they put an I-551 stamp in the passport which grants this status at POE; the GC then arrives via mail at a later date). If you were planning to spend the coming year apart, it works out great because the CR-1 takes about 1 year to process from start to finish.

 

[NanRob 9]

Thank you for all of your help and guidance!

 

So disappointed and feel like an idiot but we don't have enough time to get married because I leave July 15th and that's not enough time for the Home Office

 

Looks like we are back on the path of the K1 or CR-1 somehow.

 

If following the K1 path we were planning to do the ceremony at the end of July 2020. If filling papers at end of July 2019 this year is that enough time? I know the processing times are increasing and it is unpredictable. 

 

Also, any ideas what the USCIC office closing in London means? My fiancee is in Northern Ireland, so if the London office is closed, where does he go for the medical exam and visa interview? It's all so confusing.

 

The other option is to marry in the US in December and start the filing process for the CR-1. Can we get married on the ESTA and then have him leave and file for the CR-1? I'm not sure of all of the legalities here and of course would never want to cross a line. He was already planning to visit in December as my family is spending Christmas in Florida (I'm from Michigan).

 

The other option is that I was planning to visit in March 2020. I could apply for a Marriage Visitor visa for the UK, get married, head back home and apply for the CR-1? 

 

What is the better option in terms of processing time?

 

Thanks for any advice anyone can offer us ❤️ 

[payxibka 10,045]

17 hours ago, NanRob said:

Thank you for all of your help and guidance!

 

So disappointed and feel like an idiot but we don't have enough time to get married because I leave July 15th and that's not enough time for the Home Office

 

Looks like we are back on the path of the K1 or CR-1 somehow.

 

If following the K1 path we were planning to do the ceremony at the end of July 2020. If filling papers at end of July 2019 this year is that enough time? I know the processing times are increasing and it is unpredictable. 

 

Also, any ideas what the USCIC office closing in London means? My fiancee is in Northern Ireland, so if the London office is closed, where does he go for the medical exam and visa interview? It's all so confusing.

 

The other option is to marry in the US in December and start the filing process for the CR-1. Can we get married on the ESTA and then have him leave and file for the CR-1? I'm not sure of all of the legalities here and of course would never want to cross a line. He was already planning to visit in December as my family is spending Christmas in Florida (I'm from Michigan).

 

The other option is that I was planning to visit in March 2020. I could apply for a Marriage Visitor visa for the UK, get married, head back home and apply for the CR-1? 

 

What is the better option in terms of processing time?

 

Thanks for any advice anyone can offer us ❤️ 

Uscis office may be closing at some point but the embassy remains open for the Visa interview 

Edited May 23, 2019 by payxibka

[DaveAndAnastasia 2,092]

21 hours ago, NanRob said:

Thank you for all of your help and guidance!

 

So disappointed and feel like an idiot but we don't have enough time to get married because I leave July 15th and that's not enough time for the Home Office

It might be really expensive to do this on short notice, but could you take a quick trip somewhere you could legally marry quickly (back to the US, or maybe Denmark or Iceland or something?) and still file before you had to leave?