Please help a young mom out.. urgent.

[Tampatownfan 16]

1 minute ago, Crazy Cat said:

It is perfectly legal to travel to the US for marriage.  It illegal to enter the US as a tourist with the intent to stay and adjust status.

 

I think the CR-1 is superior (assuming they can meet during or after the marriage).  

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
  �

 

 

All good points, and of course I agree with you, however I think your clarification puts more flesh on the bone to what I mentioned rather than debunks it. As mentioned by myself and a few others, each person should look at their own particular situation and select the most suitable course of action for themselves. I think the gist of the advice that the OP can take from all of the responses, is to do the research and together with her fiancé, make the decision they feel is best for themselves. Its a steep and sometimes daunting learning curve for sure.

[JeanneAdil 6,606]

in her case doing a K1 and having to go thru the AOS process in the US while they wait for the green card to marry would put undue stress on an already stressful circumstance

 

OP : if u can go to UK , marry and when he comes on the CR1 visa he can work immediately

the K1 is taking as long (because of the covid back log) as the CR1 and the AOS is a long drawn out affair and the most expensive way to go $1225 to AOS for a green card after marriage 

 

If he could get a tourist visa and come to marry,  he can return to UK and wait out the process 

good luck to 2 of u

this process no matter which way u go is not easy,  cheap or fast so don't let it get to u ,  stay together

[Tampatownfan 16]

7 minutes ago, Boiler said:

Sounds unlikely he could visit, he can try for ESTA and if that is refused a B.

They have no money, what would they live on?

 

8 minutes ago, SteveInBostonI130 said:

It is not illegal, nor is it visa fraud, to travel on a tourist visa and marry (in the US).  It is fraud to marry and stay to adjust status.

 

I do not recommend K1.  The OP stated they are a low income family, and I assume they would like to be able to work as soon as possible after immigration.  With a CR1, OP's husband can work right away.

The fact they are a low income family effects all of their decisions. The cost of return flights to facilitate getting married, plus the visa application & medical and another flight to the USA when approved vs the cost of a K1 where the costs are spread out over a 2 year period and a delay in being able to legally work. We all have our preferences and ideas on what is the best route to take. The fact remains that the OP and her fiancé should do the research and base their decision on what route suits their own specific circumstances. Although I recommended the K1, given the specifics she raised in the OP, I'd like to think that the discussion provides if nothing else some basis of food for thought. 

[Crazy Cat 42,032]

Bottom line:  The US immigration process requires a great deal of knowledge, planning, time, patience....... and money.  

[SalishSea 18,064]

17 minutes ago, Tampatownfan said:

 

The fact they are a low income family effects all of their decisions. The cost of return flights to facilitate getting married, plus the visa application & medical and another flight to the USA when approved vs the cost of a K1 where the costs are spread out over a 2 year period and a delay in being able to legally work. We all have our preferences and ideas on what is the best route to take. The fact remains that the OP and her fiancé should do the research and base their decision on what route suits their own specific circumstances. Although I recommended the K1, given the specifics she raised in the OP, I'd like to think that the discussion provides if nothing else some basis of food for thought. 

US immigration, and having a long distance relationship are expensive choices regardless of which visa is pursued.

[African Zealot 1,455]

My advice in addition to all the excellent advice you’re getting is for you to get a job that earns you something meaningful. In the grand scheme of things immigration is expensive and having money definitely helps. Your father is generous offering to help sponsor however he doesn’t earn a whole lot. The immigration process wasn’t really designed to be friendly to people who are financially unstable.

 

Good luck 

 

 

Edited September 18, 2021 by African Zealot

[Crazy Cat 42,032]

25 minutes ago, Tampatownfan said:

 

The fact they are a low income family effects all of their decisions. The cost of return flights to facilitate getting married, plus the visa application & medical and another flight to the USA when approved vs the cost of a K1 where the costs are spread out over a 2 year period and a delay in being able to legally work. We all have our preferences and ideas on what is the best route to take. The fact remains that the OP and her fiancé should do the research and base their decision on what route suits their own specific circumstances. Although I recommended the K1, given the specifics she raised in the OP, I'd like to think that the discussion provides if nothing else some basis of food for thought. 

I would think that a Utah Zoom marriage and a quick round trip to the UK to consummate the marriage would be much less expansive than a K-1 visa, adjustment of status expenses , and up to 8 months of no work........I think the CR-1 is a much less expensive option in the long term. 

But, every couple must make their own decisions.

 

Edited September 18, 2021 by Crazy Cat

[Coco8 1,042]

11 minutes ago, Crazy Cat said:

I would think that a Utah Zoom marriage and a quick round trip to the UK to consummate the marriage would be much less expansive

 

They could also meet in any other country if it's cheaper. 

[Crazy Cat 42,032]

Just now, Coco8 said:

They could also meet in any other country if it's cheaper. 

Good point....

[TiffanyG 2]

57 minutes ago, Boiler said:

Sounds unlikely he could visit, he can try for ESTA and if that is refused a B.

They have no money, what would they live on?

I would get a part time job that fits within our daughters school schedule 

[TiffanyG 2]

1 hour ago, SteveInBostonI130 said:

It is not illegal, nor is it visa fraud, to travel on a tourist visa and marry (in the US).  It is fraud to marry and stay to adjust status.

 

I do not recommend K1.  The OP stated they are a low income family, and I assume they would like to be able to work as soon as possible after immigration.  With a CR1, OP's husband can work right away.

Here is what I’m thinking then, get him over here on an esta once I get my part time job, we marry while he is over here and then he goes back home and we can start the process of a spouse visa? Is that okay? Or not recommended? 

[TiffanyG 2]

1 hour ago, aaron2020 said:

Without a visa, he can't come here.  

You can petition him as a finance with a K-1 visa.  However, it requires him to apply for work authorization which would take 6-8 months.  That's 6-8 months without work in the US.  

You can get marry anywhere in the world.  You can go to the UK.  You can meet in another country and marry.  You petition for him as your spouse and once he enters the US, he is authorized to work immediately.  

What are the cons of a spouse visa? 
I have a few grand saved up set aside and once I get my part time job I will continue to save up towards that for the fees and such. 
 

[powerpuff 6,746]

5 minutes ago, TiffanyG said:

What are the cons of a spouse visa? 
I have a few grand saved up set aside and once I get my part time job I will continue to save up towards that for the fees and such. 
 

With COVID, there are no cons. Before COVID I would say probably the wait but now K1 is taking roughly the same time as CR1. I have gone through K1 fiancé visa myself and while it worked for our situation, spousal is a much better choice. Trust me.

 

16 minutes ago, TiffanyG said:

Is that okay? Or not recommended? 

That’s perfectly fine and legal to do. Just keep in mind that it’s up to the CBP officer whether or not to grant him an entry (that’s for for everyone entering the US who isn’t a citizen). He has to prepare to show evidence that he intends to go back (if asked).

[JFH 12,191]

As the parent of a minor US citizen he is not subject to the current travel “ban” from Europe and the UK. The issue at this stage is getting an ESTA or visa to come here to marry. Getting married here is ordinarily (in non-COVID times) easier as the UKC can come as a tourist and you can get married with almost no waiting period and minimal form-filling. Getting married in the UK would mean you would have to apply for a marriage visa. Unlike the US, the UK does not permit people to get married there whilst in a tourist status.
 

It is my understanding that ESTA is not being approved online at the moment and he would need to go to the London embassy with proof that he is the father of a USC child in order to get approval to travel at the moment. 

[Coco8 1,042]

49 minutes ago, TiffanyG said:

Here is what I’m thinking then, get him over here on an esta once I get my part time job, we marry while he is over here and then he goes back home and we can start the process of a spouse visa? Is that okay? Or not recommended? 

That should be OK. Make sure that he has evidence that he is going back, which could be a letter from his job showing he is on holiday or something like that.