Please help a young mom out.. urgent.

[TiffanyG 2]

49 minutes ago, Coco8 said:

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. 

And what if my daughter and I go over for 6 months and we get married within those 6 months? Is that allowed? Obviously I’d go back home to my home country and then I would start the process for a spouse visa 

[Lemonslice 4,859]

6 minutes ago, TiffanyG said:

And what if my daughter and I go over for 6 months and we get married within those 6 months? Is that allowed? Obviously I’d go back home to my home country and then I would start the process for a spouse visa 

You need a visa to get married in the UK, see previous post. 

[Coco8 1,042]

 

1 hour ago, TiffanyG said:

And what if my daughter and I go over for 6 months and we get married within those 6 months? Is that allowed? Obviously I’d go back home to my home country and then I would start the process for a spouse visa 

This ---> 

59 minutes ago, Lemonslice said:

You need a visa to get married in the UK, see previous post. 

However, you can do a Zoom marriage through Utah (someone posted information above) and then you can go stay for 6 months in the UK while the spousal visa is being processed. You can also do a ceremony or party in the UK, even though you are already married in the US.

 

 

 

Edited September 18, 2021 by Coco8

[*Snowdrop* 604]

You need a marriage visit visa to get married in the UK, so you can't just fly over and get married in the UK without applying for that first. 

 

If I were you I wouldn't completely give up on the option of getting a UK visa and moving to the UK. Encourage your fiance to see if he can get a better job ASAP - he only needs to be earning over 18,600 pounds a year for six months to sponsor you. Baby qualifies for a UK passport so doesn't need sponsorship to the UK.  Even if he ends up moving to the USA in the end the better income will allow him to save up as much money as possible before moving over.

 

 

 

 

[*Snowdrop* 604]

Alright I've been thinking about your situation and this is what I would do - it's not what I'd normally recommend but with COVID restrictions etc and not knowing when these things will get back to normal I would do the following:

 

- Apply for your daughter's UK passport if you haven't already

- You get the best job and the most hours you can around your daughter's schedule and start saving like crazy

- Get your fiance to try to get a job above the UK financial threshold ASAP - but at the same time he should also aim to work as much as possible and save like crazy too

- Apply for the K1 fiance visa

- If you fiance can get the job above 18,600, as soon as he has worked it for six months apply for the UK spouse visa for you

 

If the financial stuff works out for the UK visa, the answer usually comes back fairly quickly so it's possible that you could be there legally in the UK before the K1 decision is made. 

 

** the reason I'm suggesting you start off in the UK is there is a lot of support for young families, more than in the USA - you'll get financial support for your child, NHS medical care, full-time school from 4 years old etc. You'd be together and able to start saving up and if you then do end up wanting to move back to the USA you'll be together while you wait for the immigration stuff.

 

If he can't find a job paying enough in the UK, soon enough for the above to happen then you'll go with the K1 visa - like previous posters I wouldn't normally suggest the K1 because it's more expensive and there's more paperwork and waiting around for the immigrant BUT in your case you'd save on the stress and expense of flights. You'd both be able to work as much as possible and save as much as possible while the K1 is processing so build up a good budget for his first six -12 months in the USA. Then when he arrives, he'll be able to take over all the childcare and school runs etc and you'll be able to work full-time until he's got his work authorization. If you're frugal and careful during that period you will be able to manage on your wages. He can start improving his resume and researching and applying for jobs during his time waiting for authorization. Or take some classes etc if there are skills he'd need for jobs etc. 

[Crazy Cat 41,898]

47 minutes ago, *Snowdrop* said:

If he can't find a job paying enough in the UK, soon enough for the above to happen then you'll go with the K1 visa - like previous posters I wouldn't normally suggest the K1 because it's more expensive and there's more paperwork and waiting around for the immigrant BUT in your case you'd save on the stress and expense of flights.

What bout the 6-8 months the UK fiance/spouse will not be able to work in the US?   I hear that is a pretty stressful time.

Edited September 18, 2021 by Crazy Cat

[HRQX 4,145]

3 hours ago, TiffanyG said:

And what if my daughter and I go over for 6 months and we get married within those 6 months?

You can do that but if you don't have the UK marriage visa then marry through the Utah County online marriage. The officiant will be in Utah County and it'll be performed under the laws of Utah County: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 "a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed."

 

6 hours ago, Tampatownfan said:

If the intention to travel is to marry and he does it on a tourist visa

Actually the intent to marry in the US during a genuine tourist visit is allowed: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[*Snowdrop* 604]

1 hour ago, Crazy Cat said:

What bout the 6-8 months the UK fiance/spouse will not be able to work in the US?   I hear that is a pretty stressful time.

Yes, as I said - if they save like crazy during the lead up to the USA entrance and also the USA spouse who currently can only do part-time work because of her young daughter's school schedule - she would be able to move onto full-time work and the UK spouse can take over all childcare and school runs while they wait for their greencard. Savings plus one full-time income could easily be enough for a frugal couple.

 

I'm just suggesting an option which cuts out the stress of having to apply for a UK marriage visa, plus the flying back and forth, to be able to do the CR1. 

 

In normal circumstances I'd always recommend the CR1. 

 

This is what I would do if I was in the OP's position, as the move to the UK would be a better option for a small family like this to start with - this way they could have a chance at the UK visa, with the K1 as a backup and using the time to financially prepare for the downsides of the K1.

[Ontarkie 14,234]

7 hours 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 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.

 

I think this or the post below is best. He will not be approved esta after being denied a B visa. 

6 hours ago, Coco8 said:

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

this is good too!

6 hours 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? 

He most likely will not get esta as he's been denied a B visa

3 hours ago, Coco8 said:

 

This ---> 

However, you can do a Zoom marriage through Utah (someone posted information above) and then you can go stay for 6 months in the UK while the spousal visa is being processed. You can also do a ceremony or party in the UK, even though you are already married in the US.

 

 

 

Utah marriage and nice long visit while you while you wait some of the process out. 

 

[TiffanyG 2]

14 minutes ago, Ontarkie said:

I think this or the post below is best. He will not be approved esta after being denied a B visa. 

this is good too!

He most likely will not get esta as he's been denied a B visa

Utah marriage and nice long visit while you while you wait some of the process out. 

3 hours ago, *Snowdrop* said:

Alright I've been thinking about your situation and this is what I would do - it's not what I'd normally recommend but with COVID restrictions etc and not knowing when these things will get back to normal I would do the following:

 

- Apply for your daughter's UK passport if you haven't already

- You get the best job and the most hours you can around your daughter's schedule and start saving like crazy

- Get your fiance to try to get a job above the UK financial threshold ASAP - but at the same time he should also aim to work as much as possible and save like crazy too

- Apply for the K1 fiance visa

- If you fiance can get the job above 18,600, as soon as he has worked it for six months apply for the UK spouse visa for you

 

If the financial stuff works out for the UK visa, the answer usually comes back fairly quickly so it's possible that you could be there legally in the UK before the K1 decision is made. 

 

** the reason I'm suggesting you start off in the UK is there is a lot of support for young families, more than in the USA - you'll get financial support for your child, NHS medical care, full-time school from 4 years old etc. You'd be together and able to start saving up and if you then do end up wanting to move back to the USA you'll be together while you wait for the immigration stuff.

 

If he can't find a job paying enough in the UK, soon enough for the above to happen then you'll go with the K1 visa - like previous posters I wouldn't normally suggest the K1 because it's more expensive and there's more paperwork and waiting around for the immigrant BUT in your case you'd save on the stress and expense of flights. You'd both be able to work as much as possible and save as much as possible while the K1 is processing so build up a good budget for his first six -12 months in the USA. Then when he arrives, he'll be able to take over all the childcare and school runs etc and you'll be able to work full-time until he's got his work authorization. If you're frugal and careful during that period you will be able to manage on your wages. He can start improving his resume and researching and applying for jobs during his time waiting for authorization. Or take some classes etc if there are skills he'd need for jobs etc. 

I thought the 18,600 income threshold isn’t the amount anymore and it goes by household size? Which for us would be around 27,450 for it to be 125% of the threshold. 
that’s what I got told anyway. 
he is now 27 and I am 24. Our daughter is 5 years old.  you are SO nice for typing out in detail what you would personally do. This means a lot to me. 
We both were homeschooled as teens and we were pretty sheltered from our childhood issues that we had. All is fine now that we’re older but he lives in such a small village in Wales that nothing is around him that he could apply for that would earn more than he is making now. It’s heartbreaking. And we feel so defeated. I have a few grand saved up but I know that isn’t enough for everything. 
 

like I said before if my lover would like america better we could have my dad co sponser him and he could live here but that isn’t our dream. 

[TiffanyG 2]

Just now, TiffanyG said:

 

Oh and how do I go about a Utah marriage? Do I have to travel there is it just on zoom for the both of us? Can I have a link or resources? Thank you. 

[HRQX 4,145]

2 minutes ago, TiffanyG said:

Oh and how do I go about a Utah marriage? Do I have to travel there is it just on zoom for the both of us?

Just the officiant would be in Provo, Utah. You could be together with your fiancé in the UK. Here is more info:

[SteveInBostonI130 3,463]

10 hours 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. 

K1 vs CR1 - only up front cost difference is the flight of one of the parties to get married and consummate the marriage.

 

• I-130 vs I-129F application cost is about the same. No real difference between K1 or CR1 - washout
• Later, the AOS plus IV cost is a little more than the K1 DS-160 application fee.  K1 wins here.
• Medical is the same cost whether K1 or CR1.  Washout.
• Flight to the US after visa approval - same whether K1 or CR1.  Washout
• Adjustment of Status cost is way more than the CR1/IR1 green card fee.  CR1 wins by a huge margin here.
• Waiting 6-12 months for the husband to be able to work - this will be thousands of dollars.  Again, CR1 wins.  No contest.

 

[SteveInBostonI130 3,463]

11 hours ago, TiffanyG said:

So I have to go to the UK to marry him?  
I thought he could come here and we can get married then he could go back home while we file the entire process. 

Hello,

 

You mentioned your last visit was in 2019. When did you return to the States?

[Scandi 4,166]

If you decide to go the K-1 route you might still need to go see each other, it's required that you have met in person within the last two years. If you need to see each other in person again, then you should definitely get married and go the CR-1 route while you're together. I went through the K-1 process and don't recommend it to anyone. But obviously it's up to you what you decide to do.