Bringing them to the US

Does anyone have any personal experiences about living in both countries for a       Fiancee visa/ Marriage visa? or Bringing them to the US? I am American and my other half is British. I lived quite a few years on and off in the UK but now I am stateside and career wise I not wishing to move back to the UK anytime soon. However my other half and I are starting to talk about visas, we lived together when I was working in London and the LDR hasn't put much strain on things but the visa talk has slightly started. He visits me over here every few months and I know after this year its going to come up about the fiancee visa but I can not find much information about having him come over here and how easy it would then be after a few years relocate back to the UK if need be.


So my questions are: Are fiancee visas worth and take the strain off of processing if you are planning marriage? Does the rules pretty much apply the same if your british partner wants to come to the US? Would we be restricted in having a destination wedding (outside the us and uk) due to visas? If one of us are freelance and work on location do they have to give that up for the fiancee visa? (like he works for a uk company but not on location) Would I be able to get a marriage visa in Britain easily if we do decide to move back there after a few years?

Thank you so much for any forum links of stories, replies on suggestions/answers and any info you can share.

You want to look at uscis.gov for information on visas for the US. Two other sites which deal specifically with marriage visas to the US are visajourney.com and diveintoamerica.com with the former containing flow charts and information pertaining to both the fiance(e) and spousal visa(s). Both have forums with plenty of participants going through those processes currently.

Either visa, (fiance(e) or spousal) for the US will take quite a while - 8-12 months - while you are resident in the States.

I did the K1, (fiance(e) visa) back in 2003 and while the prices have gone up since then, unfortunately, the waiting times have also - I got my visa in three months back then, adjusted my status in four, (to get my green card) - these are not typical timescales nowadays though.

Best of luck.

What about if you are already married to an American? My wife and I have been living here in the UK for a while and have been married over 2 years. If I want to get a green card for her what is the process like?

What do they ask in the interview and is it straigtforward, i.e. can we apply for lawful permanant residency even though we are not present in the US?

Thanks!

What about if you are already married to an American? My wife and I have been living here in the UK for a while and have been married over 2 years. If I want to get a green card for her what is the process like?

What do they ask in the interview and is it straigtforward, i.e. can we apply for lawful permanant residency even though we are not present in the US?

Thanks!

For  a green card the process is pretty simple but just takes longer.  I did it all myself but it was a Fiance Visa.  I would think it would be easier since you have already been living together.  Yes interview questions are straightforward and both of you will be in the same room.  It is alot easier for UK folks coming to the US than say China.  I'm sure someone can answer your last question for you..

What about if you are already married to an American? My wife and I have been living here in the UK for a while and have been married over 2 years. If I want to get a green card for her what is the process like?

What do they ask in the interview and is it straigtforward, i.e. can we apply for lawful permanant residency even though we are not present in the US?

Thanks!

Not as bad as you'd think.  It's bureaucratic, like all other visas, but very doable.  My husband and I lived in the US for 6 years, 3 of which he was a green card holder.  He's a naturalised dual citizen now (spouses are eligible for naturalisation 3 years in, same as here). 

My husband and I have gone through the entire US immigration process. We started with the fiance visa (K1) and we just received his 10 year green card last week. We are now planning to move back to the UK in May. Compared to immigrating to the UK, US immigration is an extremely frustrating experience. Processing times are long, and they dictate the ability to work and leave the country. I'll try to answer your questions as best as I can in reference to the K1 visa.

Are fiancee visas worth and take the strain off of processing if you are planning marriage?

If your fiance plans to stay in the US after you are married, he must apply for a K1 visa to enter the US. There are people who marry under the visa waiver program (enter just using their passport), but in order for them to adjust status (and receive a greencard)they must prove that their intention was not to marry when they entered.

Would we be restricted in having a destination wedding (outside the us and uk) due to visas?

Yes, the visa is only good for one entry into the US. Once your fiance has entered, he will not be allowed to travel outside the US until he adjusts status.

If one of us are freelance and work on location do they have to give that up for the fiancee visa?

Not sure if I understand the question completely, but your fiance would be allowed to work and receive funds from the UK. He is just not allowed to work and receive funds from the US until he adjusts status.

Would I be able to get a marriage visa in Britain easily if we do decide to move back there after a few years?

Yes! We are doing it right now, such a breeze in comparison.

I second Tam's suggestion of visajourney.com. We couldn't have done it without this website. Check out the great guides:
http://www.visajourney.com/forums/index.php?autocom=custom&page=guides

What about if you are already married to an American? My wife and I have been living here in the UK for a while and have been married over 2 years. If I want to get a green card for her what is the process like?

What do they ask in the interview and is it straightforward, i.e. can we apply for lawful permanant residency even though we are not present in the US?

Thanks!

sms82 you and your wife should be eligible for Direct Consular Filing Information. You can apply for your wife's visa while waiting in the UK, and because you have been married for 2 years, you will receive a ten year green card, instead of the condition 2 year green card.

There are people who marry under the visa waiver program (enter just using their passport), but in order for them to adjust status (and receive a greencard)they must prove that their intention was not to marry when they entered.

The getting married isn't a problem - that's perfectly legal - it's the intent to stay and adjust status afterwards that has the potential to cause a sticky situation particularly as a user of the VWP scheme which means that you have no right to appeal should you be unlucky enough to end up before an immigration judge, (not to say that that would happen but I think you should be aware of all possible outcomes).

The getting married isn't a problem - that's perfectly legal - it's the intent to stay and adjust status afterwards that has the potential to cause a sticky situation particularly as a user of the VWP scheme which means that you have no right to appeal should you be unlucky enough to end up before an immigration judge, (not to say that that would happen but I think you should be aware of all possible outcomes).

Not just an immigration judge, you would have to prove that your intention wasn't to marry during your AOS interview to an immigration officer.
Spur of the moment weddings at the justice of the peace or Vegas would be most convincing. I would think a more planned wedding with guests coming from overseas would definitely raise an eyebrow.

Not just an immigration judge, you would have to prove that your intention wasn't to marry during your AOS interview to an immigration officer.

Again, it's not the getting married that would be the problem, it would be the intent to stay afterwards. Plenty of people get married in the US as visitors - it is not illegal at all, (provided you are free to marry, of course). A visit visa, (whether a B2 or the VWP) is just that - it's not intended to provide you with a foot in the door when it comes to staying.

Thanks for trying to clarify any misconceptions.
Please note that I did preface my statement with If your fiance plans to stay in the US after you are married, he must apply for a K1 visa to enter

I think my biggest question is...


Is it worth him (uk) and me (american) get a fiancee visa before getting married. We have talked a little about it but honestly the relationship is under 2 years old and we have more than enough time. At the moment we are happy seeing each other every couple of months (he works freelance and has every third month off deadlines, spend that whole month in the US and visits, and I visit him).

Weddings are the tricky bits. I mean I would want a proper wedding which takes planning, will a fiancee visa go through in that time and work out okay I mean say you apply and then it cuts it too close that it actually processes before your wedding date.. will that effect a spouse visa?

 The K1 visa allows your fiance to come over and live (but not work) and to eventually adjust his status (so he can work) after your marriage. Here is how it works: once the fiance visa is in hand, your fiance must enter the US within 6 months. Once he is here, you then must get married within 90 days. After you are married, you can then apply for the adjustment of status, which will give your husband rights to work and to freely travel back into the country.

The spousal visa has nothing to do with the fiance visa. It's either one or the other. You can go ahead and get married without any sort of visa, but your husband must return to the UK and you will have to petition with the K3 visa to bring him into the US. Your husband and you will be apart while it is processing and until it is approved (approximately 6-10 months). I do believe he can still visit you though, and so he could still continue staying every third month (I may be wrong about that, so anyone feel free to correct). As with the K1 visa, with the K3 he will still not be able to work however it is a multiple-entry visa, so he can travel in and out of the country.

Of course, if you choose to get married and obtain a spousal visa from the UK, they usually only take a few days to process, and you can both return to the UK together (you with full working privileges).

This is a sort timeline of our K1 experience
K-1 Visa
6-15-04- Engaged in Texas
6-30 Apply for K1 visa
11-20 Letter stating interview in London scheduled for December 23rd
12-23 Interview and Visa Approved!!

Marriage
3-14-05 Joe moves to the US
5-15 Our wedding

AOS
(We did ours through a pilot program in Dallas, so our processing times our different from the norm) You can apply the day after you are married. I think it typically takes 2-3 months to get the work and travel permits (they will come before the greencard).

It's not worth going the K3 route as it takes as long, if not longer, than the IV, (immigrant visa).

With the IV you are able to work and travel from the get-go.

What you have to ask yourselves is would you prefer to be separated while engaged or married?
At least with the K1 you are able to be together once you have married.

Thanks for all your help, like I said I am happy with the way things are no and honestly not looking to rush into anything like marriage (even though I love him so much) just to be together.. We can carry on as we are and see that happens in the future. Never hurts to ask though because atleast now thanks to your help (thanks again) I know more about the K1 and K3.

I was nervous about something like the K1 because it made me wonder if I could plan a wedding and set a date with it.. seeing you have to wait on process times.

Thanks for all your help, like I said I am happy with the way things are no and honestly not looking to rush into anything like marriage (even though I love him so much) just to be together.. We can carry on as we are and see that happens in the future. Never hurts to ask though because atleast now thanks to your help (thanks again) I know more about the K1 and K3.

I was nervous about something like the K1 because it made me wonder if I could plan a wedding and set a date with it.. seeing you have to wait on process times.

Why would you be nervous?  You just need to go to the justice of the peace and get your license at anytime within the 90 days.  The wedding can always take place another time.