Fiance Visa Question - Little Lost

[Morlu22 0]

Hello all, 

 

Quick summary: 

I'm from the US, fiance is from the UK. We were going to have me immigrate to the UK, but as it's shaping up, it may be me needing to sponsor her to come to the US. I use to live/work in NYC, traveled all this year with her, and now I'm back with my parents currently in Missouri, just working for my dad. We have plans on getting married in Missouri come the end of July/August. 

What would I need to do to have her on a fiance visa by that point in time, or at least the timetable of around there? Am I able to even do this with my current situation? 

My parents have already agreed to sponsor her financially, and I can use them for a proper living situation as their house is big enough (not sure if that's relevant, in the UK visa they require you to have evidence of adequate space). 

After that, from what I understand, between the fiance/spouse visa, I could also apply for her to be able to work prior to the green card coming in? Maybe I'm jumping way ahead here, but like I said, I haven't done much to any research for the UK to US sponsorship, it's been the other way around hah. 

 

Any help would be much appreciate.

 

Thanks,

 

Billy

[geowrian 22,338]

July/August would be optimistic for a K-1 visa. The current average is around 7-9 months from petition filing to interview (so it's possible if you filed ASAP), then add in time for the visa to be issued after the interview. This assumes everything goes fine, no RFEs, no missing documents at the interview, etc. Possible, but I would not plan on it.

https://www.visajourney.com/timeline/stats.php?cfl=

 

Planning a traditional wedding is very difficult, unless you are planning to wait after the visa is issued to do so. Most people tend to either have smaller ceremonies or do a courthouse wedding, then later do a larger celebration/reception if they want.

If having a traditional wedding is desired, then the best thing is probably to marry now (you can use an ESTA to visit the US and marry), return home, and do the CR-1 (spousal) visa instead. it takes a little longer but has many benefits over a K-1. Or plan to wait until after the visa is issued to finalize a wedding date. Doing so beforehand is not suggested as the timeline for any individual case is always impossible to know.

 

After entering on a K-1 visa and marrying within 90 days, they would file for AOS to obtain a green card. This can take from a few months to 18+ months depending on local field office. Many offices are taking around a year, with busier ones being closer to 18+ months.

When filing for AOS, you can apply for an EAD (work permit) and AP (travel document). Timelines for those are currently ~4-7 months.

You must remain in the US either AP is obtained or you get a green card. Leaving beforehand will abandon the AOS application and basically need to start over with a CR-1 visa abroad (and likely won't be able to visit the US due to demonstrated immigrant intent).

 

Read the guides. Study the form instructions. Ask questions.

Edited January 5, 2020 by geowrian

[Morlu22 0]

Hello Geowrian, 

 

Thank you for the response. 

 

Yeah I've read a bit into the CR-1 Visa, it's basically easier to do as well with the Spouse Visa for the UK instead of the fiance, but at this point, I'm just trying to see what will get her to be able to stay over here the fastest, and from what I can see, that would be the fiance visa? Because the timetable is shorter, and from there as you said we could file for the AOS to obtain the green card whilst also applying for the EAD/AP. 

Am I mistaken in this assumption? Even if I filed next month, I could expect her coming here between August - November yes? The wedding will be at a family venue, so I can be flexible with the date as I understand there isn't a guarantee for the timetable of issuing out the visa.

 

The UK allows you to speed up the processing of visas by paying extra, does the US allow the same service? 

 

Thank you! 

[Dashinka 24,752]

1 hour ago, Morlu22 said:

Hello Geowrian, 

 

Thank you for the response. 

 

Yeah I've read a bit into the CR-1 Visa, it's basically easier to do as well with the Spouse Visa for the UK instead of the fiance, but at this point, I'm just trying to see what will get her to be able to stay over here the fastest, and from what I can see, that would be the fiance visa? Because the timetable is shorter, and from there as you said we could file for the AOS to obtain the green card whilst also applying for the EAD/AP. 

Am I mistaken in this assumption? Even if I filed next month, I could expect her coming here between August - November yes? The wedding will be at a family venue, so I can be flexible with the date as I understand there isn't a guarantee for the timetable of issuing out the visa.

 

The UK allows you to speed up the processing of visas by paying extra, does the US allow the same service? 

 

Thank you! 

The US does not have a system of paying more to speed up the process.

 

Good Luck!

Edited January 5, 2020 by Bill & Katya

[geowrian 22,338]

50 minutes ago, Morlu22 said:

Yeah I've read a bit into the CR-1 Visa, it's basically easier to do as well with the Spouse Visa for the UK instead of the fiance, but at this point, I'm just trying to see what will get her to be able to stay over here the fastest, and from what I can see, that would be the fiance visa? Because the timetable is shorter, and from there as you said we could file for the AOS to obtain the green card whilst also applying for the EAD/AP. 

Yes, the K-1 is generally faster.

Faster is not always better - there's very many who have done the K-1 process who wish they did a CR-1 instead. It really comes down to knowing about the drawbacks of a K-1 and one's personal circumstances. For instance, a homemaker is usually alright sitting at home all day while waiting for EAD/AP/green card. A career professional usually has a much tougher time, not to mention obtaining similar employment after a gap gets more difficult. Being unable to basically leave the house without your new spouse can put a lot of strain on the marriage - the ability to obtain a driver license varies by state, with quite a number of them needing an EAD (and a foreign license is usually not acceptable for a resident).

 

My now-wife came via a K-1 and I still think it was the best option in our case. I'm just pointing out that there's a lot more to think about other than speed.

My now-wife was never able to visit the US beforehand - obtaining a tourist visa as a single filipina is very difficult. She can visit, so the separation during the process is minimized.

 

50 minutes ago, Morlu22 said:

Am I mistaken in this assumption? Even if I filed next month, I could expect her coming here between August - November yes? The wedding will be at a family venue, so I can be flexible with the date as I understand there isn't a guarantee for the timetable of issuing out the visa.

That would be within current processing averages. I say current as that is how long people who filed several months ago have waited...no way to really know how long it will be for somebody who files today. For instance, when I filed for my now-wife, the I-129F alone was taking ~30 days or so. It took 4 months and our case was in the "new" average timeframe. People who filed a few months after us waited ~6-8 months for their I-129F. then add in a month or so for NVC, then ~1-3 months for consulate processing to get an interview. So people who filed a month before us waited ~8+ months longer than those who filed a few months after us.

Wild swings like that are not everyday things, but they do happen. Just giving you a heads up.

 

UK beneficiaries are usually not considerably delayed. Impossible to say what will happen in any particular case.

 

50 minutes ago, Morlu22 said:

The UK allows you to speed up the processing of visas by paying extra, does the US allow the same service?

Not for family-based immigration.

[Morlu22 0]

Thank you for the replies,

 

So would you say once we to the part of the visa for the consulate to get the interview for her, we could loosely begin to form a time frame for the wedding? As it shows online that once you've had your interview, either you get an answer there, or within the next couple weeks. 

[Lil bear 4,311]

9 minutes ago, Morlu22 said:

Thank you for the replies,

 

So would you say once we to the part of the visa for the consulate to get the interview for her, we could loosely begin to form a time frame for the wedding? As it shows online that once you've had your interview, either you get an answer there, or within the next couple weeks. 

It can never be guaranteed that administrative processing after the interview will be short. Never make bookings, pay costs ahead etc that you can’t afford to totally lose . 

[SalishSea 18,120]

1 hour ago, Morlu22 said:

Thank you for the replies,

 

So would you say once we to the part of the visa for the consulate to get the interview for her, we could loosely begin to form a time frame for the wedding? As it shows online that once you've had your interview, either you get an answer there, or within the next couple weeks. 

The K-1 is spectacularly ill-suited to actual planned weddings.  Many simply elope (we did).  Wedding venues and services generally require deposits which may or may not be refundable if a visa isn’t issued in time.  I’d be wary of trying to plan for anything.

 

Also- keep in mind that she won’t be able to work or return to the US if she leaves for  4-6 months after you marry and apply.

[geowrian 22,338]

2 hours ago, Morlu22 said:

As it shows online that once you've had your interview, either you get an answer there, or within the next couple weeks. 

Usually. Sometimes it takes months or longer to get a decision. It's not common with the UK, but nobody is exempted from extended AP (specifically if background checks take a long time to complete).

[Lucky2Lucky 2,526]

It’s really difficult to plan a wedding on a k1 and if that aspect of your relationship is important I suggest getting married and then applying for CR1 (spousal). You have no control of any delays both foreseen and unforeseen. For example she may have her interview Nov 1 but she may be in AP until Dec 31-  there is no telling how long it would take to issue the visa and have the passport back in hand. You are fortunate that she is from the U.K. as fraud is minimal aka quicker processing. Airline tickets shouldn’t be purchased until visa is in passport and in hand otherwise you risk losing your ticket if it’s not issued in time. You guys can always get married with a justice of the peace in your house and then plan a larger wedding at a facility later on. 
 

I understand it’s important for you to be together ASAP but look at the options of both k1 and CR1. We did k1 and that was right for us, we wouldn’t change anything, but some people want to be able to work ASAP when they arrive and or the couple needs the double income ASAP. If she has no concerns about not working or leaving the US for 4-6 months after arrival then k1 is no problem! 🙂

[Boiler 46,000]

Waiting 6 months to work or travel can be a challenge.

[jaysaldi 213]

57 minutes ago, Boiler said:

Waiting 6 months to work or travel can be a challenge.

I agree, and this is another reason to marry promptly upon arrival in the USA and not wait until day 73 like I did.

[Morlu22 0]

Thank you,

 

Yeah the K-1 visa I believe will honestly work out best for us, as of now aside from working for my father, they will be on the application in form of financial support to meet the requirement, and we will be at their house as we go through this entire process until she is able to work, which from there we will move into our own place. I'm fortunate enough to have good support, and a spouse coming from the UK with less fraudulent cases helps the situation a bit I'd imagine too. 

 

Is there anything I should know about aside from the simple requirements. It seems like a check mark visa, but as with the UK visa, I kept finding little tid bits here and there that actually turned into bigger issues later on. 

[Maria002 54]

19 hours ago, Morlu22 said:

Thank you,

 

Yeah the K-1 visa I believe will honestly work out best for us, as of now aside from working for my father, they will be on the application in form of financial support to meet the requirement, and we will be at their house as we go through this entire process until she is able to work, which from there we will move into our own place. I'm fortunate enough to have good support, and a spouse coming from the UK with less fraudulent cases helps the situation a bit I'd imagine too. 

 

Is there anything I should know about aside from the simple requirements. It seems like a check mark visa, but as with the UK visa, I kept finding little tid bits here and there that actually turned into bigger issues later on. 

Hello

 

It is a little bit more than check mark Visa, but reading and with the help of the  VJ members you should be good. Read the guide listed below to get a better idea of the process.