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Topic: US Fiance Visas. A confused couple!  (Read 1271 times)

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US Fiance Visas. A confused couple!
« on: January 04, 2006, 03:38:40 AM »
My fiancee lives in the US and I live in the UK.  Although we've only known each other a few months having met through work (we both work for the same company), we know it's something special and we now want to get married but this visa thing is sending us round and round in circles.

I would like to marry her and live with her in the US, but having read up on the US fiance visa (from some official notes), it virtually implies that the US fiance visa should be used as a last resort and basically suggests that if we can marry in the UK, then we should do that.  This would be awkward as her family in the US is much larger than mine, so logistically, marrying in the US is the best bet.  The application procedure also seems to be exceedingly long winded and despite quite a lot of research, we are still not sure exactly what is required as the information we have so far found is not exactly clear.  On the other hand, the UK fiancee visa does seem easier to get but that would mean a lot of my partner's family missing out on the ceremony which we don't want.

To complicate matters further, the company that we both work for may be able to offer me a postion in the US but I stress, this is still only a possibility at this time.

We are both now disheartened and confused and not sure what is the best thing to do.  The bottom line is we just want to be together.

So then...
1/ Given our situation, what would be the quickest method of allowing us to be together permanently in the US?
2/ Would the US Fiance Visa the best route?
3/ If so, can someone give me any guidance (or places to obtain guidance) as to the process of obtaining said visa?
4/ Would I be better to try for the work visa route (if at all possible) and then get married?
5/ If I did, would this be any faster?

If anyone could answer these questions or even, if you can help point us in the right direction, I would be extremely grateful.


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Re: US Fiance Visas. A confused couple!
« Reply #1 on: January 04, 2006, 04:12:21 AM »
Just to let you know, I'm not an expert, just a layperson who's researched immigration semi-extensively, hehe...

Your best bet would probably be the US K-1 fiance visa since you'd like to both marry and live in the US- it's the most straightforward route for your situation.  Basically what happens is that your fiancee files a petition with American immigration to establish that you're a genuine fiance, and when it's approved your case gets sent to the US Embassy in London to apply for the K-1 Visa. After a medical exam and an interview in London, (hopefully) your case is approved and you now have 6 months to enter the US with your K-1.  After you arrive in the US, you have three months to get married, and after marriage you file for adjustment of status to a US Permanent Resident.  While you're waiting for that to be approved, you can get temporary employment authorization so you can work as well as a travel document that allows you to leave the country (since the K-1 is single entry, if you leave without getting that travel document, you have to start the visa process all over again.)  After your adjustment of status application is approved, you become a permanent resident of the US and get a "conditional" green card (since you'll probably have been married less than 2 years at that point.)  After the two years of your conditional permanent residence is up, you must apply to remove the conditions on your GC and get a regular GC that expires every 10 years.

It's a lengthy, expensive process, but if it's the best option for you, go for it- people from the UK in general have an easier time of it than many other countries.  The best place on the Internet to get info and advice on K-1's and other marriage based visas is http://www.visajourney.com- that should be your first stop.  From what I've seen on VJ, the average time to get a K-1 from the UK is maybe about 5-6 months or so...depends on where your fiancee lives (which affects which office she files with.)

I don't know anything about work visas, but seeing the almost draconian US immigration process for marriage leads me to believe that a work visa is probably very very hard to get without specific qualifications.  That's also the case in getting a work visa to the UK, unfortunately.

Now, I gave you the most straightforward route.  If you want the absolute fastest route to being together, and your fiancee is willing to move for a little while, you can marry in the US (perfectly fine to do that as a visitor if you're planning on going home afterwards!) and then get her a spouse visa to the UK- you can get that on the same day if you apply in person, or in a week or two if you apply by post.  Then you'd get to live together in the UK while you file an application for a spouse visa in the US and wait on that to be granted.  But from the info you've given, I'd say go with the K-1 :)

Hope this helps!
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


Re: US Fiance Visas. A confused couple!
« Reply #2 on: January 04, 2006, 10:48:19 PM »
Hiya Biker

I was looking onto the K-1 Visa before me and my fiance decided that it would be best for him to come here to the UK.
Anyway,  on my travels of researching i came across a forum a lot like this one but it dealt with the process of you going there and the whole visa process.

I hope this is of some use to you

http://www.visajourney.com/


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Re: US Fiance Visas. A confused couple!
« Reply #3 on: January 04, 2006, 11:24:50 PM »
It wouldbe easier if you could get a transfer to the American company.  You could arrive in the US on an L1 visa, get married and then file to adjust your status.  If you have been at the UK company for a year the L1B visa should be easy to obtain.

See here: http://britishexpats.com/forum/showthread.php?t=291522&highlight=marriage+l1

But, I am no expert


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