Best way to be able to stay in the US?

[Crazy Cat 41,899]

5 minutes ago, DebbieLS said:

but it sounds like for 12-18 months, I will continually need to leave and reenter on VWP?

No different at all for a K-1. 

Edited December 28, 2020 by Lucky Cat

[JFH 12,190]

13 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?

edited - re-read your original post...
 

Slow down. Immigration is not a race. I know you want to be here as quickly as possible - we have all been though those feelings. I can assure you not one of us here loves their spouse/fiancé any less than you love yours so we all understand the urge to be together as soon as possible. But immigration is a long-term deal and the best decisions are the ones that are for the long-term. Think with your head, not your heart and hormones. The K-1 is traditionally the fastest way to get your feet on the soil here but the fastest way is not the best way. I have yet to see a post on here from someone who regrets doing the CR-1, despite it taking a few months (months, that’s all, what’s a few months when you have the rest of your lives together?) longer but threads where people regret the K-1 are ten a penny here. 
 

Note also that currently London is not issuing routine K-1 visas and has not done so for many, many months. CR-1 visas have continued to be issued during the pandemic/shutdown. I seriously predict that K-1s next year will be slower. There is a backlog of hundreds to get through for the London embassy staff. Those who have been waiting since the spring of this year will be issued first. I predict delays of an additional 6 months and more for K-1s when they finally start issuing them again. That will make it much slower than a CR-1. 

Edited December 28, 2020 by JFH

[Chancy 6,241]

5 minutes 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? 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?

 

Neither K1 nor CR1 will allow you to stay in the US to wait out the visa processing.  Worse with the K1 -- even after getting the visa, you still won't be allowed to work for many months after entering the US.

 

As for leaving and re-entering on VWP, the rule of thumb is twice longer outside the US than in.  Like JFH said, VWP is for short visits.  If CBP ever suspects that you are using your ESTA to live in the US, they could deny you entry and your ESTA could be gone forever.

 

[DebbieLS 1]

Thanks all.

 

Is it theoretically possible to get married on a future VWP and then apply for an AOS, staying here until complete? I can take leave from working, that’s not an issue.

[Boiler 45,557]

Just now, DebbieLS said:

Thanks all.

 

Is it theoretically possible to get married on a future VWP and then apply for an AOS, staying here until complete? I can take leave from working, that’s not an issue.

No

[Chancy 6,241]

Just now, DebbieLS said:

Is it theoretically possible to get married on a future VWP and then apply for an AOS, staying here until complete? I can take leave from working, that’s not an issue.

 

Entering the US on VWP with intent to marry and adjust status is FRAUD.  Don't do it.

 

[JFH 12,190]

3 minutes ago, DebbieLS said:

Thanks all.

 

Is it theoretically possible to get married on a future VWP and then apply for an AOS, staying here until complete? I can take leave from working, that’s not an issue.

No that’s illegal, as has been mentioned already on this very thread. 
 

If there was a quicker, legal way to stay together during the process we would have all done the same and told you of its existence. 
 

We all went through/are going through some form of separation during this. It hasn’t killed any of us yet. You just need to be mature and accept that some time apart is going to be inevitable. Military spouses cope with it all the time. So can you. 

Edited December 28, 2020 by JFH

[DebbieLS 1]

1 minute ago, JFH said:

No that’s illegal, as has been mentioned already on this very thread. 
 

If there was a quicker, legal way to stay together during the process we would have all done the same and told you of its existence. 
 

We all went through/are going through some form of separation during this. It hasn’t killed any of us yet. You just need to be mature and accept that some time apart is going to be inevitable. Military spouses cope with it all the time. So can you. 

I appreciate the responses and the information but the tone and inference of immaturity is unhelpful. I am just seeking to best understand my options. 

[Boiler 45,557]

3 minutes ago, DebbieLS said:

I appreciate the responses and the information but the tone and inference of immaturity is unhelpful. I am just seeking to best understand my options. 

By far the quickest option is to move to the UK. US timelines with the change of Administration are going to go through the roof.

[JFH 12,190]

Just now, DebbieLS said:

I appreciate the responses and the information but the tone and inference of immaturity is unhelpful. I am just seeking to best understand my options. 

But you asked about something that has already been told to you, more than once, further up the thread. Asking again won’t change the answer. Not liking the answer doesn’t change its validity either. That smacks of immaturity. 
 

You have two options. Neither of which are perfect, we know. We all went through the same situation. Repeatedly asking if there is another way is frustrating to those offering to help and has a tone of accusing people of withholding information or lying to you. We are not. We are telling you how it is. That’s all.

[DebbieLS 1]

6 minutes ago, JFH said:

But you asked about something that has already been told to you, more than once, further up the thread. Asking again won’t change the answer. Not liking the answer doesn’t change its validity either. That smacks of immaturity. 
 

You have two options. Neither of which are perfect, we know. We all went through the same situation. Repeatedly asking if there is another way is frustrating to those offering to help and has a tone of accusing people of withholding information or lying to you. We are not. We are telling you how it is. That’s all.

My tone wasn’t accusatory in the slightest, I’ve thanked everyone for their contributions in every response and not once did I express emotion towards the information you have all kindly shared. I simply asked further questions (my apologies if they appear to be stupid questions to you).

 

We were all new to this once. I was merely trying to understand it that was a legally possible route, seeing as I have read of someone else who took that option. That’s all. 
 

These forums are such a valuable source of information and knowledge, I just wish it were a little less hostile towards those of us navigating our journeys for the first time. Thank you all for the advice, I will take all into account as we move forward. 

[JFH 12,190]

4 minutes ago, DebbieLS said:

My tone wasn’t accusatory in the slightest, I’ve thanked everyone for their contributions in every response and not once did I express emotion towards the information you have all kindly shared. I simply asked further questions (my apologies if they appear to be stupid questions to you).

 

We were all new to this once. I was merely trying to understand it that was a legally possible route, seeing as I have read of someone else who took that option. That’s all. 
 

These forums are such a valuable source of information and knowledge, I just wish it were a little less hostile towards those of us navigating our journeys for the first time. Thank you all for the advice, I will take all into account as we move forward. 

You’re welcome.

[Crazy Cat 41,899]

38 minutes ago, DebbieLS said:

Thanks all.

 

Is it theoretically possible to get married on a future VWP and then apply for an AOS, staying here until complete? I can take leave from working, that’s not an issue.

No........

[Crazy Cat 41,899]

It has been stated several times in this thread that entering the US via VWP with the intent to stay and AOS is visa fraud......regardless of who might tell you otherwise.  Visa fraud can come back to bite you any time in the future.

Edited December 28, 2020 by Lucky Cat

[SalishSea 17,842]

50 minutes ago, DebbieLS said:

Thanks all.

 

Is it theoretically possible to get married on a future VWP and then apply for an AOS, staying here until complete? I can take leave from working, that’s not an issue.

Nope.   That is immigration fraud.  Illegal.