I have some questions....well maybe a lot.

[FallintoShadow 0]

Ok, first of all...HI. I am new here. I was pointed in this direction after asking elsewhere for this kind of information.

I really hope I can get some help here. Because, over the last week I have read SO much information from various sites...that I think I have confused myself!

My wonderful boyfriend, came for a visit over Thanksgiving. He is from the U.K. and I am in the U.S.

He surprised me by popping the big question! And I happily accepted!

Now, I have spent a lot of time reading and re-reading various things. Trying to figure out exactly what options we have, how long they will take, and what would be best.

My first thought was to do a petition for alien fiance, which was the whole K-1 thing. But that seems like it takes FOREVER.

So now I have stumbled upon this...CR-1 Direct Consular Filing. Which seems a bit quicker...and seems a bit simpler too. Perhaps I am wrong though.

Here are my questions....

1) With this CR-1, we would have to marry first, correct? So would we need to get married HERE in the U.S. or in the U.K.?

2) Does this still involve an affadavit of support?

Because this was my MAIN confusion. You see, I myself have not been able to work in the last three years. I have been taking care of my disabled Mother, who also has not been able to work...for obvious reasons. She did recently get her disability settlement and has started her monthly checks *Thank the Lord!*. But other than that, there is no income on my end. HOWEVER my fiance, has worked...and is still working...and saving money for our future together.

So....how would we get through this part and still be able to get everything approved?

3) With this CR-1, I will have to live in the U.K. correct? For how long?

4) This goes along with #4. How do I get permisson to stay in the U.K. that long? As a normal passport only allows 90 days?

And lastly...

5) Would it really just be simpler to get married and stay in the U.K. permanently instead of doing all of this for my fiance to move here to the U.S.?

THANK YOU ALL SO MUCH FOR ANY HELP YOU CAN GIVE ME!

I hope I have made sense, lol like I said my brain has given out on me due to a lot of information going in at once.

~Cassandra

[Jmaster911 0]

Ok, first of all...HI. I am new here. I was pointed in this direction after asking elsewhere for this kind of information.

I really hope I can get some help here. Because, over the last week I have read SO much information from various sites...that I think I have confused myself!

My wonderful boyfriend, came for a visit over Thanksgiving. He is from the U.K. and I am in the U.S.

He surprised me by popping the big question! And I happily accepted!

Now, I have spent a lot of time reading and re-reading various things. Trying to figure out exactly what options we have, how long they will take, and what would be best.

My first thought was to do a petition for alien fiance, which was the whole K-1 thing. But that seems like it takes FOREVER.

So now I have stumbled upon this...CR-1 Direct Consular Filing. Which seems a bit quicker...and seems a bit simpler too. Perhaps I am wrong though.

Here are my questions....

1) With this CR-1, we would have to marry first, correct? So would we need to get married HERE in the U.S. or in the U.K.?

2) Does this still involve an affadavit of support?

Because this was my MAIN confusion. You see, I myself have not been able to work in the last three years. I have been taking care of my disabled Mother, who also has not been able to work...for obvious reasons. She did recently get her disability settlement and has started her monthly checks *Thank the Lord!*. But other than that, there is no income on my end. HOWEVER my fiance, has worked...and is still working...and saving money for our future together.

So....how would we get through this part and still be able to get everything approved?

3) With this CR-1, I will have to live in the U.K. correct? For how long?

4) This goes along with #4. How do I get permisson to stay in the U.K. that long? As a normal passport only allows 90 days?

And lastly...

5) Would it really just be simpler to get married and stay in the U.K. permanently instead of doing all of this for my fiance to move here to the U.S.?

THANK YOU ALL SO MUCH FOR ANY HELP YOU CAN GIVE ME!

I hope I have made sense, lol like I said my brain has given out on me due to a lot of information going in at once.

~Cassandra

I'll let others with better knowledge than me answer the whole 'should your fiancé move to the US' questions. From our point of view and from a getting married point of view it was FAR easier and quicker to get married in the US and then you the US Citizen move to the UK following that marriage. I the UK citizen didn't need a US visa as I travelled on the VWP and once we were married it took us 20 min in the British NY Embassy to apply for my wife’s UK Visa. The visa was stamped, approved and issued that same day.

[gwenneh 7]

1. Yes, you have to marry first. The CR-1 is a spousal visa.

2. Yes, it involves an affidavit of support. If you cannot meet the poverty guidelines you must have a co-sponsor which does. Your fiance's income will not be counted, though assets such as property or a portfolio can be.

3. Yes, in order to DCF you must have had permanent residence in the UK for at least six months prior to the petition being filed. You will be asked to submit proof of your right to live and work in the UK - a visitor's visa won't do.

4. You would have to obtain a UK spousal visa, which has its own application process and rules. Cost is currently $1,065 to apply.

5. It is a shorter, but different, expensive, and equally information-intensive process to move to the UK.

[Bforbarree 4]

Ok, first of all...HI. I am new here. I was pointed in this direction after asking elsewhere for this kind of information.

I really hope I can get some help here. Because, over the last week I have read SO much information from various sites...that I think I have confused myself!

My wonderful boyfriend, came for a visit over Thanksgiving. He is from the U.K. and I am in the U.S.

He surprised me by popping the big question! And I happily accepted!

Now, I have spent a lot of time reading and re-reading various things. Trying to figure out exactly what options we have, how long they will take, and what would be best.

My first thought was to do a petition for alien fiance, which was the whole K-1 thing. But that seems like it takes FOREVER.

So now I have stumbled upon this...CR-1 Direct Consular Filing. Which seems a bit quicker...and seems a bit simpler too. Perhaps I am wrong though.

Here are my questions....

1) With this CR-1, we would have to marry first, correct? So would we need to get married HERE in the U.S. or in the U.K.?

2) Does this still involve an affadavit of support?

Because this was my MAIN confusion. You see, I myself have not been able to work in the last three years. I have been taking care of my disabled Mother, who also has not been able to work...for obvious reasons. She did recently get her disability settlement and has started her monthly checks *Thank the Lord!*. But other than that, there is no income on my end. HOWEVER my fiance, has worked...and is still working...and saving money for our future together.

So....how would we get through this part and still be able to get everything approved?

3) With this CR-1, I will have to live in the U.K. correct? For how long?

4) This goes along with #4. How do I get permisson to stay in the U.K. that long? As a normal passport only allows 90 days?

And lastly...

5) Would it really just be simpler to get married and stay in the U.K. permanently instead of doing all of this for my fiance to move here to the U.S.?

THANK YOU ALL SO MUCH FOR ANY HELP YOU CAN GIVE ME!

I hope I have made sense, lol like I said my brain has given out on me due to a lot of information going in at once.

~Cassandra

Fallintoshadow,

Welcome to VJ.

My fiance is also a UKC, whenever I have entered the UK on my American passport I have always been issued a 6 months visa, whether I was planning to staying for 3 weeks or 3 months. I will point out that long stays in the UK will throw up red flags at UK POE and you will be questioned, also on a visitor visa you are not permitted to work.

If you are planning to marry in the UK you will still need to apply for a UK fiance visa, otherwise (I was told by UK immigration) you can not get permission to marry nor will to marriage be recognised by UK immigration. If you come over as the spouse of a UKC you will also need to apply for a visa.

Out of curiosity, have you been to the UK before?

[MargotDarko 0]

Hello there! I think I've seen you on LJ.

I would start with a nice big breath! You'll eventually get it all sorted and be happy living with your future hubby.

Unless you would actually like to experience living and working in the UK for about a year, I would not consider DCF as an option. If you think it would be pretty fun and cool to be in the UK for about a year, then here's what you should do.

First, your fiance would visit on the VWP to marry you in the US. There is nothing at all wrong with entering on the VWP to get married and then return to the UK. However, if the immigration officer has reason to believe he will not return to the UK, he can be denied entry. So he should bring a letter from work saying the date he will return, a print out of his return flight, details of a mortgage or lease, etc. Anything to show that he plans to return. He should answer the questions briefly and to the point. He should do nothing at all to cover up the fact he is visiting you to marry you and return to the UK with you, but he does not have to offer up the information.

Then, you would get married in the US. Be sure to check first whether or not the county you're will grant a marriage licence without SSNs for both people. I think it's rare but possible. In my county, my hubby just showed his passport and that was okay. Also check out how many days it takes to get a marriage license and how many days after the wedding it takes to get a marriage certificate. For us, the minister allowed us to file the license in person the next day and we were able to get a marriage certificate the day after that. You'll need the actual certificate for the UK spousal visa.

Now here's the possibly disappointing or tricky part. I am quite sure you cannot apply for visas in person anymore. So either he would need to stay for a few weeks to be sure to travel with you to the UK, or he would have to return without you and you would follow with the UK visa. Even by mail though, if you have everything in order, it only takes a few weeks.

Then in the UK, after six months, you can file the I-130 directly with the USCIS office in London. You will need to show how long you have been resident in the UK, so be sure to save important paperwork stuff along the way and send a copy of your UK visa in your passport which will have a stamp with your entry date.

Then the process of the I-130 and visa application in the UK will take about five months - possibly four if you do it quickly and everything goes smoothly.

So! Even though the CR1 process in the UK is faster than the US fiance visa process, you're still looking at more time overall. However, you will not be separate for very long. It will cost quite a lot more money - especially since it is so freaking expensive to live in most parts of the UK - but this is the path I took and I definitely don't regret it. I loved not being separated from the hubby and I've loved the experience of living and working in his home country for a while. It's something I can share with my kids and makes me feel closer to him as well.

I hope that was helpful rather than overwhelming! The main and first decision to make is whether or not you can afford doing it the way I've just described and if it will be worth it to not be apart. After you've decided which path to take, you can start getting into the details. If you take the UK for a year path, I would focus on the UK visa first and don't worry about the US visa bit until you're settled in the UK.

Good luck!

Edited November 30, 2007 by MargotDarko

[MargotDarko 0]

I should add that with the UK path you would also have the option of applying for a UK fiancee visa first and then after marriage getting the spousal visa within the UK. However, that A LOT more money, especially since you could not work until you had married and received the UK spousal visa. Just wanted to add that so you knew it wasn't a requirement to get married in the US in order to do the CR1 process in the UK.

[FallintoShadow 0]

Hello there! I think I've seen you on LJ.

I would start with a nice big breath! You'll eventually get it all sorted and be happy living with your future hubby.

Unless you would actually like to experience living and working in the UK for about a year, I would not consider DCF as an option. If you think it would be pretty fun and cool to be in the UK for about a year, then here's what you should do.

First, your fiance would visit on the VWP to marry you in the US. There is nothing at all wrong with entering on the VWP to get married and then return to the UK. However, if the immigration officer has reason to believe he will not return to the UK, he can be denied entry. So he should bring a letter from work saying the date he will return, a print out of his return flight, details of a mortgage or lease, etc. Anything to show that he plans to return. He should answer the questions briefly and to the point. He should do nothing at all to cover up the fact he is visiting you to marry you and return to the UK with you, but he does not have to offer up the information.

Then, you would get married in the US. Be sure to check first whether or not the county you're will grant a marriage licence without SSNs for both people. I think it's rare but possible. In my county, my hubby just showed his passport and that was okay. Also check out how many days it takes to get a marriage license and how many days after the wedding it takes to get a marriage certificate. For us, the minister allowed us to file the license in person the next day and we were able to get a marriage certificate the day after that. You'll need the actual certificate for the UK spousal visa.

Now here's the possibly disappointing or tricky part. I am quite sure you cannot apply for visas in person anymore. So either he would need to stay for a few weeks to be sure to travel with you to the UK, or he would have to return without you and you would follow with the UK visa. Even by mail though, if you have everything in order, it only takes a few weeks.

Then in the UK, after six months, you can file the I-130 directly with the USCIS office in London. You will need to show how long you have been resident in the UK, so be sure to save important paperwork stuff along the way and send a copy of your UK visa in your passport which will have a stamp with your entry date.

Then the process of the I-130 and visa application in the UK will take about five months - possibly four if you do it quickly and everything goes smoothly.

So! Even though the CR1 process in the UK is faster than the US fiance visa process, you're still looking at more time overall. However, you will not be separate for very long. It will cost quite a lot more money - especially since it is so freaking expensive to live in most parts of the UK - but this is the path I took and I definitely don't regret it. I loved not being separated from the hubby and I've loved the experience of living and working in his home country for a while. It's something I can share with my kids and makes me feel closer to him as well.

I hope that was helpful rather than overwhelming! The main and first decision to make is whether or not you can afford doing it the way I've just described and if it will be worth it to not be apart. After you've decided which path to take, you can start getting into the details. If you take the UK for a year path, I would focus on the UK visa first and don't worry about the US visa bit until you're settled in the UK.

Good luck!

Hi. Yes I was on LJ asking questions as well. lol My mind just keeps going and going.

I have come up with a few more questions.

IF I do take the path of moving to the UK after marrying here....

We would just marry here in my State/County correct?

Then fill out the first form (spousal visa) for me to go to the U.K.?

How long will I be able to stay in the U.K. at that point?

The next step after six months is the I-130 form? Which I will be taking directly to the USCIS in London?

Will I then have to leave England, or am I still allowed to stay, while waiting through the rest of the time?

Am I allowed to work in the UK at any point, or is that another form/process?

Also, as this was an issue, what about the SUPPORT forms? Since we would be married and in the UK can we now use BOTH our incomes instead of just mine for proof of support? Or is this even needed anymore?

And lastly....

If we live in the UK, and we ever decide to move to the US again, what is the process for that? Would it be any easier/harder after all is done in the UK?

Thank you soooooo very much for all your help. I really hope I am making sense again with these other questions. There are just so many running around in my mind, and then my fiance came up with a few too, but I think he is leaning towards actually calling a lawyer....lol. I figured I would try and find out all I could before it comes to that though.

[gwenneh 7]

IF I do take the path of moving to the UK after marrying here....

We would just marry here in my State/County correct?

Then fill out the first form (spousal visa) for me to go to the U.K.?

That's right!

How long will I be able to stay in the U.K. at that point?

You get two years on the first spousal visa, called Further Leave to Remain.

The next step after six months is the I-130 form? Which I will be taking directly to the USCIS in London?

Yes. See london.usembassy.gov for step by step details.

Will I then have to leave England, or am I still allowed to stay, while waiting through the rest of the time?

You can stay in England.

Am I allowed to work in the UK at any point, or is that another form/process?

Further Leave To Remain does entitle you to work, you don't need to do much else other than get your National Insurance Number.

Also, as this was an issue, what about the SUPPORT forms? Since we would be married and in the UK can we now use BOTH our incomes instead of just mine for proof of support? Or is this even needed anymore?

Yes, you still need the support forms. You wouldn't be able to count either your or your spouse's income because UK-based income cannot be counted - you will need a US based co-sponsor who meets the requirements.

If we live in the UK, and we ever decide to move to the US again, what is the process for that? Would it be any easier/harder after all is done in the UK?

The process is what we've been discussing; DCF is the easiest path but it's by no means easy or cheap!

Hope that helps!

[FallintoShadow 0]

IF I do take the path of moving to the UK after marrying here....

We would just marry here in my State/County correct?

Then fill out the first form (spousal visa) for me to go to the U.K.?

That's right!

How long will I be able to stay in the U.K. at that point?

You get two years on the first spousal visa, called Further Leave to Remain.

The next step after six months is the I-130 form? Which I will be taking directly to the USCIS in London?

Yes. See london.usembassy.gov for step by step details.

Will I then have to leave England, or am I still allowed to stay, while waiting through the rest of the time?

You can stay in England.

Am I allowed to work in the UK at any point, or is that another form/process?

Further Leave To Remain does entitle you to work, you don't need to do much else other than get your National Insurance Number.

Also, as this was an issue, what about the SUPPORT forms? Since we would be married and in the UK can we now use BOTH our incomes instead of just mine for proof of support? Or is this even needed anymore?

Yes, you still need the support forms. You wouldn't be able to count either your or your spouse's income because UK-based income cannot be counted - you will need a US based co-sponsor who meets the requirements.

If we live in the UK, and we ever decide to move to the US again, what is the process for that? Would it be any easier/harder after all is done in the UK?

The process is what we've been discussing; DCF is the easiest path but it's by no means easy or cheap!

Hope that helps!

OH OK! I think it is finally starting to sink in my brain! LOL.

By doing this whole process, I am still working on him moving here to the U.S. eventually??

Also, can I use my Uncle as a co-sponsor?

[gwenneh 7]

It takes a bit to get your head around all of this, doesn't it?

Yes, this is all if you want to live in the US eventually.

You can use anyone you like as a co-sponsor as long as they meet the poverty guidelines!

[Wrath of Sithis 0]

Just curious what would your mother do while your living in the UK, you mentioned having to take care of her full time?

I think the support will always be an issue, and because you are the petetioner it has to be your income. You'll need to find a co-sponsor for the i-864.

My sister married a UKC, they had been together for about 10 years before they got married. He was able to come to the states on an H1B visa, we started a company together and applied for his visa to work there.

Which is still going strong wyi

After they got married last year they applied to adjust his status, he did his biometrics a few months ago and had the interview last week and all way well.

So, just fyi that might be an option for him to get a work visa like my brother-in-law did and move direct to the states.

[FallintoShadow 0]

Just curious what would your mother do while your living in the UK, you mentioned having to take care of her full time?

My Mother was going through a very rough time after her accident. She was unable to do much of anything, and had fallen into a deep depression because of everything that had happened. So I took care of her and my much younger sister. I basically took on the "MOM" role during this time.

I had been in college at the time, but I stopped going to take care of things.

As time has passed, my Mom has slowly learned to do certain things again, that she could not do before. She will never be 100% ok, but she can do TONS more than she could in the beginning. Also, she finally received her disability benefits last month! Which is a miracle in itself. So now she can support herself, without worry, or help from her own father. And honestly, if it was not for her Father and my Fiance, we would be homeless or worse right now.

My Mom's sister and her husband recently moved into a house next door. So she is always here checking up on my Mom.

Mom actually wants to go visit the UK at some point too! lol So I will have to see what the fiance and I can do about that.

But yes, she will be fine while I am away. If this had been a year or so ago, I would have been not able to leave her side. But thank goodness for the good things in life that have started to happen! This has been a very good last few months, and I hope it all continues.

[pushbrk 13,180]

You've examined a number of options but going back to your first post, you dismissed the idea of a fiance visa because it takes too long. All other options you've examined will take longer. In fact, your fiance could probably have his K1 visa by the time you could even file an I-130 in the UK, if you just file the I-129F now. Check the K1 timelines for the UK.

[MargotDarko 0]

You've examined a number of options but going back to your first post, you dismissed the idea of a fiance visa because it takes too long. All other options you've examined will take longer. In fact, your fiance could probably have his K1 visa by the time you could even file an I-130 in the UK, if you just file the I-129F now. Check the K1 timelines for the UK.

Agreed on this. The longer option is worth looking at mostly for the sake of not being separated and for the sake of spending some time in the UK, getting to know his family.

[FallintoShadow 0]

You've examined a number of options but going back to your first post, you dismissed the idea of a fiance visa because it takes too long. All other options you've examined will take longer. In fact, your fiance could probably have his K1 visa by the time you could even file an I-130 in the UK, if you just file the I-129F now. Check the K1 timelines for the UK.

Agreed on this. The longer option is worth looking at mostly for the sake of not being separated and for the sake of spending some time in the UK, getting to know his family.

This is why this option is very appealing to me.

I will be able to be with my fiance, spend time in the UK (which has always been a dream of mine!), and I will get to know his family. Also a plus...is that I will be able to work and save money along side my fiance.

I have one last question for this process though....

After I am in the UK, and while waiting on the I-130, will I be able to fly back to the US if there is an emergency?

I am not planning on doing so, but it would just be nice to know if anything does happen...I can fly back if needed.