Going to America instead

Ok so we've changed our plans.

We've been doing alot of talking and arranging of plans and such and decided He'd wana come to america instead. We have the suport of family to stay there he has an art degree, maybe work as a teacher or something.

So here is our plan. I go back to the states and stay, get work, get prepared. He saves up, comes over, we get married.

I need to know what steps do we take from there? What visa do we need to get, does he need to go back to UK to get it? All those loverly questions.

If you'd like to get married in the States and settle there, your fiance will need a K-1 fiance visa.  The first step for that is for the US Citizen to fill out the I-129f, 'Petition for Alien Fiance.'  Once that is approved, your application eventually gets sent overseas to the British Embassy and then he has to file more forms, get a medical exam, and then an interview, after which the visa is issued.  After your fiancee enters the US, you guys have 90 days to get married after which you'd file for Adjustment of Status to a US Permanent Resident. That's a *very* rough overview of the process- I'm not completely familiar with all the particulars since I've never done it, but it's the general idea.  Be warned though that emigrating to the US from the UK is a lot more complicated than the other way around and will necessitate quite a long period apart of several months at least.   The folks at the repatriation forum will no doubt be able to give you more detailed info, as well as the forums on VisaJourney- http://www.visajourney.com.  Good luck!

Your fiancee will also need to have a criminal background check done, I think he just needs to go down to the police station and get something from them stating his criminal history, if he has none,he needs something from them stating that

Allie and I went the K-1 route back in 1999. I honestly don't remember a lot about the process, but this is the forum I used for most of my research. Good luck! It CAN be done!

http://groups.google.com/group/alt.visa.us.marriage-based

My DH came to America.  You start with the I-129F.  I've heard alot of people recomend the visajourney web site, we used a bood about fiance visas I bought on amazon.  I was real helpful with all of the lists and letter formats.  Keep in mind that getting a visa to come to the US to get married takes between 9 months to 1 year.   While your fiance can come to visit while you're going through the process, he can't come to live.  If the IO's think he's coming to stay before he gets his visa they can deport him and that will slow down or stop your whole process. 

It took us a little over a year to get his green card after getting married.  You are able to get a work permit while he's waiting for the green card.

Good Luck

Ok so in everyone's opinion. Is it easier to immigrate to the USA or to the UJ?

Becuase we are at the transition stage where we are deciding, we've not made up our minds. We want to do this properly, but we don't wana be apart 9 months. What if he where to come over and we get married, could he change his status and stay or would he have to go back to england and fill out paperwork before he could stay?

Its all so complicated

It's easier to immigrate to the UK
Just like the UK if he is there on a visiting visa, he has to go back for a settlement visa, he cant change his status while he is there, the US visiting visa is only for 90 days as well. Someone please correct me if I am wrong but I dont believe you can legally marry him in the US while he is on a visiting visa if he plans to settle there?
If you want it done quick and not be seperated for that long then your best option is settling in the UK

Im thinking that, and I want to, its just Im worried about getting denyed due to overstaying my visa a bit. *groans* I don't think we have enough time to change the flight and are between paychecks.

Im thinking that, and I want to, its just Im worried about getting denyed due to overstaying my visa a bit. *groans* I don't think we have enough time to change the flight and are between paychecks.

I don't know what airline you're traveling with but you could call and ask them how much notice they require for changing your ticket and what the fee is. I've changed tickets with only 24 hours notice.

When I was in America, I had a flight scheduled to come back to Heathrow in July 8th. I got my visa sooner so I decided to leave July 4th, it only cost about £50 to change the date, This was through American Airlines. If you have a restricted ticket, you will have to pay but its not a lot depending on which airline you are taking.

It's definitely easier (and about 100 times faster) to get into the UK.  The US process takes a long time and is a bit more strict, which is pretty much why I'm here instead of my husband being there.    The simplest way would be for you to return to the US, have your fiance follow you and get married (he won't need a fiance visa as you won't be settling in the US following the wedding).  Then you'll go to the nearest British consulate (NYC, LA, Chicago, or you can apply by post) for your spousal visa.  Once you have that, you can live and work in the UK for two years, after which you'll apply for your ILR, which lets you live and work here permanently.

Do you have access to a credit card?  I'm sure you can put the ticket change fee on a card -- I'd rather be in debt by £100 than have an overstay on my record. 

Ok so we've made a descion even tho its harder, for my fiance to move with me to the States.

These are the questions we have, becuase I get different answeres to it.

Can he come to america to marry me without a fiance visa?

Is it better to get a fiance visa?

Is it better to get married and get a spousal visa?

If we get married, does he have to go back to his country before we can apply for a spousal visa?

In the long run wich is quicker? Getting married, then getting a spousal visa. or Getting a fiance visa?

If he's settling in the US after the wedding, he MUST have a fiance visa.

Yes yes he is.

Im pretty much prepared to do a fiance visa the moment I get home.

Just getting all the info around it. Now Im curious is it possible to take the visa to the consulate by hand, or is it better to just mail it?

Action -
I'm going through the K-1 process myself right now.  I STRONGLY suggest you take the time to spend a good afternoon at least to really research the visajourney.com site.  Everything you need to know is on that one site, along with hundreds of people who are going through the same exact process right now.  There is even a special section for those coming from the UK to the US.  I should be able to finally send in my petition in about a week, but it has taken us at least three weeks to compile all the information and documents, copy stuff, and figure out just how the heck to do it all.

Good luck to you!!  It's very time consuming and anxiety filled adventure, but it's worth it because in the end you will be together.  Take a look at the other site - spend some time there.  I know you will find everything you need to answer your questions.

~Liza