Best way to be able to stay in the US?

[DebbieLS 1]

Hi all,

 

We're feeling slightly overwhelmed with the information and options on this, so hoping some of you may be able to help :)

 

I am currently in the US under the VWP seeing my boyfriend. We are trying to plan ahead for how to be together for 2021, we'd both like it if I could live in the US.

 

1) I work in an administrative role and have had previous management roles - but no specialist qualifications, so I don't think a work visa would be possible (is this the case?)

 

2) Is our best (and perhaps only) bet - to get married? And if so, would it be better to do this abroad and then apply? Or me to return on another 90 day stay either VWP or Fiancee visa and marry then? Or is there any other option we should be thinking of?

 

3) Does anyone know at what point of the process I would legally be allowed to work here also? 

 

4) And lastly - can anyone offer any clarity on re-entering on a 2nd VWP - how long should I be out of the country for before attempting to reapply? I have read online that it is advised to be out for as long as you were in, but I can't seem to find any definitive answer for this.

 

Many thanks!

[NancyNguyen 1,657]

Come back with another VWP to adjust status is fraud, don't even think about it. Do it the right way.

 

Get married now and AOS is the best option, file work permit with application so you can work in 6-12 months, once it is approved.

 

Work visa is a long shot, especially at this pandemic time.

[DebbieLS 1]

Thanks for your prompt reply Nancy  

 

we can’t marry on this stay, as I am finalising my divorce from my ex back in the UK. So I will have to make a separate trip to return when that is done and I have the paperwork. 
 

Do you think a K1 after that is our only option? And would I be able to enter (not to marry) on another VWP in between to see him? 
 

thanks so much! 

[Crazy Cat 41,899]

You cannot marry or start the K-1 process or marry until your divorce has been finalized.  Entering the US via VPW with the intent to stay and adjust status is fraud.  

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
       
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited December 28, 2020 by Lucky Cat

[Crazy Cat 41,899]

13 minutes ago, DebbieLS said:

Thanks for your prompt reply Nancy  

 

we can’t marry on this stay, as I am finalising my divorce from my ex back in the UK. So I will have to make a separate trip to return when that is done and I have the paperwork. 
 

Do you think a K1 after that is our only option? And would I be able to enter (not to marry) on another VWP in between to see him? 
 

thanks so much! 

.

 

 

 

 

 

Edited December 27, 2020 by Lucky Cat

[SalishSea 17,842]

1 hour ago, DebbieLS said:

Thanks for your prompt reply Nancy  

 

we can’t marry on this stay, as I am finalising my divorce from my ex back in the UK. So I will have to make a separate trip to return when that is done and I have the paperwork. 
 

Do you think a K1 after that is our only option? And would I be able to enter (not to marry) on another VWP in between to see him? 
 

thanks so much! 

Your best bet is a CR-1 visa once you get divorced and can marry your American SO.

 

None of the routes to being able to be a permanent resident of the US will be fast, or cheap.   You're looking at several years.

 

During that time, you can use your ESTA to enter the US for short visits, subject to CBP approval at the border.  You'll need to show strong ties to home, since your immigrant intent will have been established with a spousal petition.

Edited December 27, 2020 by Jorgedig

[Boiler 45,557]

Another vote for the CR1, how much holiday do you get?

[Ed&Midori1031 330]

My vote is on the CR1

[Dashinka 24,519]

Since you have to return from this visit, the K1 or CR1 is your only option (I agree with @NancyNguyen, a work visa is a very long shot) nice your divorce is finalized.  I would recommend a CR1, you can legally enter the US on a VWP and get married and leave, and as others have said, you can continue to visit while your petition is processing, but you will have to establish ties to the satisfaction of CBP for each entry.

 

Good Luck!

[Orangesapples 1,954]

A K1 is a waste of time and money for someone from a VWP country (or for someone from not a VWP country). I did a K1 and I don't recommend it. A CR1 is better. However, make sure you're ready to get married so soon after a divorce. A work visa is not really a realistic option. 

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa process and procedures” to “what visa do I need?” OP is still weighing up the options*~*~*
 

Hello from another Brit! I would not do the K-1 at all. Complete waste of time and money in your case. The K-1 is essentially an over-priced tourist visa that allows you to stay for 90 days in a tourist status (no work, in some states no driving also). If in that 90-day window you marry the person who petitioned you, you can then stay in the country but you have to pay another few thousand dollars for the privilege and still cannot work (or drive, in some cases) for many months. You have no need for this path. 
 

You can marry on a VWP visit without needing to shell out for a fiancé visa. You then return to the UK whilst the CR-1 is processing and when it’s approved and issued you can move here and be a permanent resident from day one. You can work right away. You can visit whilst the CR-1 is processing. I did exactly all of this - married on a VWP visit, returned home, we filed for the CR-1, I visited during the process, moved here and already had a job lined up. That was 4 years ago. I’m still in the same job and in the final stages of becoming a US citizen now. All worked perfectly for us.
 

To answer your questions about VWP visits. The rule of thumb is to be out of the country longer than you were in. Note that the VWP is for casual leisure visits here, not for living here in 90-day installments. I personally would recommend being out twice as long as you were in before you come back. But surely a lot of that will be determined by how much time off work you get? During the 5 years that my husband and I were in a long-distance relationship before I moved here, I visited over 40 times. For us, frequent short visits of 4 or 5 days were better than one or two long visits but that’s an individual choice. 
 

Given that you will currently have to quarantine both ways, visiting is going to be a time-consuming process whilst COVID is still a factor. Once you are married you won’t need to quarantine for 14 days before entering the US, however. But you will still need to quarantine in arrival in the UK for the time being. It sounds like this is your first visit here? If you’re still not divorced you are a long way from any marriage-based visa here so take that time to get to know each other very well. Do you have any children? 

Edited December 28, 2020 by JFH

[DebbieLS 1]

Thanks so much all. 
 

just to clarify, our priority is just being together, we don’t mind if one option is more expensive or time consuming to complete.

 

would either visa option (k1 or cr1) allow me to remain living in the US (even if I couldn’t work) while it gets processed? I agree with everything you have said on the cr1, but it sounds like for 12-18 months, I will continually need to leave and reenter on VWP?

[Crazy Cat 41,899]

1 minute ago, DebbieLS said:

would either visa option (k1 or cr1) allow me to remain living in the US (even if I couldn’t work) while it gets processed?

No.  You cannot live in the US while a K-1 or CR-1 is being processed.  As has been said, a K-1 will not allow you to work for 6-8 months after filing for adjustment of status.

Edited December 28, 2020 by Lucky Cat

[Crazy Cat 41,899]

The CR-1 is usually far, far superior tot a K-1.   

[Boiler 45,557]

3 minutes ago, DebbieLS said:

Thanks so much all. 
 

just to clarify, our priority is just being together, we don’t mind if one option is more expensive or time consuming to complete.

 

would either visa option (k1 or cr1) allow me to remain living in the US (even if I couldn’t work) while it gets processed? I agree with everything you have said on the cr1, but it sounds like for 12-18 months, I will continually need to leave and reenter on VWP?

In that case move to the UK, much much quicker.