K1 or EUSS/IR1? We can't decide!!!

[Cassie123 0]

Hi all,

So, my fiance and I are going back and forth with trying to decide between two options, and I would love to hear any experience/advice/knowledge on the subject to help us make a decision!! I have done loads of research, so know the basic knowledge for the most part!  I am an American and my fiance is European, and has pre-settlement status in the UK.  Option 1: We apply for the K1 visa now (I would visit him in the UK for a few months while waiting).  I have read so many stories about how people wished they had gone the CR1 route because of the hassle the K1 visa brings.  Plus on top of that, who knows how much longer the backlog would be to process 😕              Option 2 (and this is the one I am really seeking any insight on!): Get married (doesn't matter where), apply for the EU Settlement Scheme Family Permit (similar to the EEA FP and only takes about 1-2 months to be approved), and I would live in the UK with him for 3-4 years.  While there, we would apply for the CR1/IR1 (depending on how long we'd be living there) to settle back in the States.  I know proving my US domicile brings it's challenges, but I would maintain a bank account here, be registered to vote, have my parent's to "sign a lease" if need be, etc.    I think at this point, we have gone back and forth 20x because each one has it's pros and cons, but really looking for outside perspective now!   Thanks in advace!! 

[pushbrk 12,898]

Unless you want your fiance to be in the US for about a year without work authorization or the freedom to come and go from the USA for that same time, you'll marry and take the spouse visa route.

[Cassie123 0]

@pushbrk Yes, that is definitely a drawback for the K1!  Do you know if I would be able to continue to live and work in the U.K. while waiting for the CR1/IR1 to be processed?

[pushbrk 12,898]

3 minutes ago, Cassie123 said:

@pushbrk Yes, that is definitely a drawback for the K1!  Do you know if I would be able to continue to live and work in the U.K. while waiting for the CR1/IR1 to be processed?

Of course you can, if you have a qualified joint sponsor.  I mean as far as the US is concerned you can.  Decisions about you staying and working in the UK are a UK matter.

Edited May 12, 2020 by pushbrk

[Chancy 6,241]

10 hours ago, Cassie123 said:

I know proving my US domicile brings it's challenges, but I would maintain a bank account here, be registered to vote, have my parent's to "sign a lease" if need be, etc.

 

Remember to file your US tax returns every year, even if you will be working in the UK and will have no US income.

 

[Cassie123 0]

10 hours ago, pushbrk said:

Of course you can, if you have a qualified joint sponsor.  I mean as far as the US is concerned you can.  Decisions about you staying and working in the UK are a UK matter.

Of course, thanks for your insight! 

Just now, Chancy said:

 

Remember to file your US tax returns every year, even if you will be working in the UK and will have no US income.

 

Right - would for sure do that! Thanks 🙂

[Melc 138]

14 hours ago, Cassie123 said:

Option 2 (and this is the one I am really seeking any insight on!): Get married (doesn't matter where), apply for the EU Settlement Scheme Family Permit (similar to the EEA FP and only takes about 1-2 months to be approved), and I would live in the UK with him for 3-4 years. 

Just as an FYI, as a US citizen you don't need to apply for the family permit before travelling. You can just enter the country as a tourist and apply for pre-settled status by virtue of Freedom of Movement still being in effect and residency rights being automatic. 

 

The thing to keep in mind is that you cannot get married in the UK unless you get a marriage visa. In Europe that leaves Gibraltar and Denmark  as easy options. Or just the US of course. 

 

Best of luck whatever you decide!

Edited May 12, 2020 by Melc

[Cassie123 0]

18 hours ago, Melc said:

Just as an FYI, as a US citizen you don't need to apply for the family permit before travelling. You can just enter the country as a tourist and apply for pre-settled status by virtue of Freedom of Movement still being in effect and residency rights being automatic. 

 

The thing to keep in mind is that you cannot get married in the UK unless you get a marriage visa. In Europe that leaves Gibraltar and Denmark  as easy options. Or just the US of course. 

 

Best of luck whatever you decide!

Hi, I haven't heard of being able to apply for pre-settled status on a regular tourist visa.  We would need to get married first because the status would be based off a marriage, correct? Can you explain that process to me? Thank you for the info! 

[Melc 138]

20 minutes ago, Cassie123 said:

Hi, I haven't heard of being able to apply for pre-settled status on a regular tourist visa.  We would need to get married first because the status would be based off a marriage, correct? Can you explain that process to me? Thank you for the info! 

You do not necessarily need to be married for residency rights under EU law; if you have lived together for (in the UK's case) 2 years, that is also sufficient—or a civil partnership. 

 

Freedom of Movement, which applies until the end of the transition period which ends this year, gives automatic residency & work rights to family members of EU citizens. A residency card only confirms the rights that you already have. Since EU law supersedes national law, this makes it perfectly fine to enter as a tourist (national law) and then apply for a confirmation of residency rights based on EU law. This remains true until the end of the transition period, after which only the national law which emulates EU law (settled status) will apply to those who arrived before the UK left the EU. 

 

For Settled Status, which is a national law that currently exists alongside EU law, the following applies:

Quote

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK

The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:

• your family member has either settled or pre-settled status
• your relationship began before 31 December 2020
• you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent

Source: https://www.gov.uk/settled-status-eu-citizens-families/not-EU-EEA-Swiss-citizen

 

In summary, I think this leaves you the following options:

• If you've already lived together for 2+ years, enter as a tourist and apply for pre-settled status inside the UK. 
• Get married/civil partnership somewhere (outside of the UK, as the UK will not let you get married without status), enter as a tourist and apply for pre-settled status inside the UK. 
• Get a family permit as fiancé (additional requirements as it is fully under national law + high cost (1.5k+ GBP), enter the UK & marry, and apply for pre-settled status. 

I'm not entirely certain on the last option, as we wanted to move simultaneously and didn't feel like dealing with national UK law. 

Edited May 13, 2020 by Melc

[Cassie123 0]

6 hours ago, Melc said:

You do not necessarily need to be married for residency rights under EU law; if you have lived together for (in the UK's case) 2 years, that is also sufficient—or a civil partnership. 

 

Freedom of Movement, which applies until the end of the transition period which ends this year, gives automatic residency & work rights to family members of EU citizens. A residency card only confirms the rights that you already have. Since EU law supersedes national law, this makes it perfectly fine to enter as a tourist (national law) and then apply for a confirmation of residency rights based on EU law. This remains true until the end of the transition period, after which only the national law which emulates EU law (settled status) will apply to those who arrived before the UK left the EU. 

 

For Settled Status, which is a national law that currently exists alongside EU law, the following applies:

Source: https://www.gov.uk/settled-status-eu-citizens-families/not-EU-EEA-Swiss-citizen

 

In summary, I think this leaves you the following options:

• If you've already lived together for 2+ years, enter as a tourist and apply for pre-settled status inside the UK. 
• Get married/civil partnership somewhere (outside of the UK, as the UK will not let you get married without status), enter as a tourist and apply for pre-settled status inside the UK. 
• Get a family permit as fiancé (additional requirements as it is fully under national law + high cost (1.5k+ GBP), enter the UK & marry, and apply for pre-settled status. 

I'm not entirely certain on the last option, as we wanted to move simultaneously and didn't feel like dealing with national UK law. 

Oh wow, thank you so much for all of this info! Is there any chance that I would be denied pre-settlement status if already married to an EU citizen and in the UK on a tourist visa/no visa because of U.S. citizenship? 

[Melc 138]

Just now, Cassie123 said:

Oh wow, thank you so much for all of this info! Is there any chance that I would be denied pre-settlement status if already married to an EU citizen and in the UK on a tourist visa/no visa because of U.S. citizenship? 

Not before the end of the year. Just make sure you go for the settlement scheme and avoid “regular” U.K. immigration law. 

[AMO O 125]

So in my opinion I think it comes down to what you want: 1) Him here the fastest or 2) Him here established

 

My sister did the K1 visa 2 years ago, everything went pretty quickly and he was here in about 7- 8 months,  However, when he go here, he had no Social Security Number, no Working Papers, nothing.  He literally sat on his hands for like a year.  Yes, he was here with us and that was great and all but he was bored, he couldn't work or go to school, or anything.

 

So after doing some research I did decided to go the CR1 route and see how that works.  He is currently working in Jamaica and going to school, so I rather him stay there where he can continue to save money and do things, versus come here and do nothing.  When he gets here him will get all his documents (Green Card, SS#).  So he will also be able to work and go to school as soon as he gets here as well.  I feel like that will be better for him, so I don't mind visiting him every few months waiting to complete this process, it's seems worth it to me.  So I got married last August and filed November 2019, I already have my I-130 approved and submitted documents to the NVC.  Just waiting on those to be review then Medical and Interview. So it wasn't as bad as I thought,  hopefully everything continues to go smoothly and I can have him here in under a year.

[Jessiey 21]

It takes about the same time now for CR1 and K1, suggest you to go for CR1 directly and you can start working immidiately once you enter US. For K1 visa, you need to get married and do the adjustment of status and go through over again the whole process for CR1 which is very time-consuming. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Cassie123 0]

On 5/19/2020 at 9:57 AM, AMO O said:

So in my opinion I think it comes down to what you want: 1) Him here the fastest or 2) Him here established

 

My sister did the K1 visa 2 years ago, everything went pretty quickly and he was here in about 7- 8 months,  However, when he go here, he had no Social Security Number, no Working Papers, nothing.  He literally sat on his hands for like a year.  Yes, he was here with us and that was great and all but he was bored, he couldn't work or go to school, or anything.

 

So after doing some research I did decided to go the CR1 route and see how that works.  He is currently working in Jamaica and going to school, so I rather him stay there where he can continue to save money and do things, versus come here and do nothing.  When he gets here him will get all his documents (Green Card, SS#).  So he will also be able to work and go to school as soon as he gets here as well.  I feel like that will be better for him, so I don't mind visiting him every few months waiting to complete this process, it's seems worth it to me.  So I got married last August and filed November 2019, I already have my I-130 approved and submitted documents to the NVC.  Just waiting on those to be review then Medical and Interview. So it wasn't as bad as I thought,  hopefully everything continues to go smoothly and I can have him here in under a year.

Thanks for sharing your experience! It does seem that the K1 has many, many drawbacks.  My fiance and I are kind of thinking - since international borders are closed for (who knows how long?!) anyway, then maybe we should apply for the k1 now.  But, I don't know how he'd do with not being able to work or anything pretty much for so long.