Fkaprotz

Hi, I am thinking of applying for a K-1 visa due to marriage to a US
citizen. We are currently UK based. We have reviewed the information,
but have been told by friends who went through the same process that
once a K-1 visa is granted, the 'immigrant' has to be in the US for a
full year with no overseas travel allowed.

Is this correct, and does anyone have links to official information on
this? Many thanks in advance!

Meauxna

> Hi, I am thinking of applying for a K-1 visa due to marriage to a US
> citizen. We are currently UK based. We have reviewed the information,
> but have been told by friends who went through the same process that
> once a K-1 visa is granted, the 'immigrant' has to be in the US for a
> full year with no overseas travel allowed.
>
> Is this correct, and does anyone have links to official information on
> this? Many thanks in advance!

Hi,
the immigrant doesn't "have to" be in the US for a full year with no
travel, but it does sometimes work out that way.

The K-1 is a "non-immigrant" visa, but a special one, designed to let
you become an immigrant after getting here (and getting married). You
do this by filing a set of paperwork commonly called AOS or Adjustment
of Status.

During the time between your arrival as a K-1 and the approval of your
AOS (which is when you'd get a Green Card), you need a special travel
permission document called Advance Parole (form I-131 to apply). You
apply for this at the same time as your AOS and it hopefully arrives
within two months or so of application.

For some people, this period of no-travel time is not acceptable. We had
an ill Mum in the UK, for example, and couldn't risk not being able to
go to her at the drop of a hat, so for us, any method involving AOS was
not acceptable.

We also lived overseas together, and we chose to marry there and file
our case as marrieds, through the Consulate. This *may* be an option for
you if your US citizen has been living in the UK for awhile. If so,
speak up. That type of case processing is much faster.

Fkaprotz

> Hi,
> the immigrant doesn't "have to" be in the US for a full year with no
> travel, but it does sometimes work out that way.
>
> The K-1 is a "non-immigrant" visa, but a special one, designed to let
> you become an immigrant after getting here (and getting married). You
> do this by filing a set of paperwork commonly called AOS or Adjustment
> of Status.
>
> During the time between your arrival as a K-1 and the approval of your
> AOS (which is when you'd get a Green Card), you need a special travel
> permission document called Advance Parole (form I-131 to apply). You
> apply for this at the same time as your AOS and it hopefully arrives
> within two months or so of application.
>
> For some people, this period of no-travel time is not acceptable. We
> had an ill Mum in the UK, for example, and couldn't risk not being
> able to go to her at the drop of a hat, so for us, any method
> involving AOS was not acceptable.
>
> We also lived overseas together, and we chose to marry there and file
> our case as marrieds, through the Consulate. This *may* be an option
> for you if your US citizen has been living in the UK for awhile. If
> so, speak up. That type of case processing is much faster.

Hi, many thanks for the info

Yes, we are getting married in the UK and are looking to file paperwork
through the UK offices. My future wife (sounds heavy!) hasn't been
living in the UK but we've planned to do it here. Is it simpler, and how
long does it take compared to my going to the US and doing it there?

Again, many thanks!

Noorah101

> Hi, many thanks for the info
>
> Yes, we are getting married in the UK and are looking to file
> paperwork through the UK offices. My future wife (sounds heavy!)
> hasn't been living in the UK but we've planned to do it here. Is it
> simpler, and how long does it take compared to my going to the US and
> doing it there?
>
> Again, many thanks!

If your future USC wife hasn't been living in the UK, you cannot go the
way meauxna was suggesting (DCF). Your USC wife would need to have
unlimited leave to remain in the UK. You can't do DCF if your wife is
in the UK just to get married.

If you are getting married in the UK, it won't be the K-1 visa you'll be
after anyway. It will be the spouse immigrant visa. Your wife will
file an I-130 for you when she returns to the USA.

Rene

Noorah101

> Hi, I am thinking of applying for a K-1 visa due to marriage to a US
> citizen. We are currently UK based. We have reviewed the information,
> but have been told by friends who went through the same process that
> once a K-1 visa is granted, the 'immigrant' has to be in the US for a
> full year with no overseas travel allowed.
>
> Is this correct, and does anyone have links to official information on
> this? Many thanks in advance!

When you say "currently UK based", what do you mean? What is your
fiance's status there, and how long has she been in the UK?

Rene

Meauxna

> Hi, many thanks for the info
>
> Yes, we are getting married in the UK and are looking to file
> paperwork through the UK offices. My future wife (sounds heavy!)
> hasn't been living in the UK but we've planned to do it here. Is it
> simpler, and how long does it take compared to my going to the US and
> doing it there?
>
> Again, many thanks!

#1: make sure USC wife-to-be (don't worry, it gets easier to say, eek!)
#CAN get married there. AFAIK, a non-UKer can't flyin and get married
#without the right visa type.

#2: filing through the USCIS office in London REQUIRES the USC to have
#lived in the UK, with the right type of visa/status for *at minimum* 11
#months+. If she has only recently come over, you can still file after
#marriage, but she must petition to a US Service Center (hopefully
#California!). You can expect 7-9+ months from the first paper (I-130)
#going in to a visa in hand/able to move. You can not file anything
#until after you're married.

The K-1 is, of course, something else all together, for coming to the
US, having the marriage in the US and living long-term in the US.

Fkaprotz

> #1: make sure USC wife-to-be (don't worry, it gets easier to say,
> #eek!) CAN get married there. AFAIK, a non-UKer can't flyin and get
> #married without the right visa type.
>
> #2: filing through the USCIS office in London REQUIRES the USC to have
> #lived in the UK, with the right type of visa/status for *at minimum*
> #11 months+. If she has only recently come over, you can still file
> #after marriage, but she must petition to a US Service Center
> #(hopefully California!). You can expect 7-9+ months from the first
> #paper (I-130) going in to a visa in hand/able to move. You can not
> #file anything until after you're married.
>
> The K-1 is, of course, something else all together, for coming to the
> US, having the marriage in the US and living long-term in the US.

Ah ok. My wife-to-be is currently a USC and living in the USA. She does
not have the right to live/work in the UK, but visits here on tourist
visas. We've been planning to get married in the UK and then go to the
US, but there is no way she can be here for so long as 11 months in
order to get the right visas. That is why I was thinking k-1 may be the
way to go.

What is the best option here, and for how long would I have to remain in
the US without being able to leave for, say, a 2-week family trip?

Noorah101

> Ah ok. My wife-to-be is currently a USC and living in the USA. She
> does not have the right to live/work in the UK, but visits here on
> tourist visas. We've been planning to get married in the UK and then
> go to the US, but there is no way she can be here for so long as 11
> months in order to get the right visas. That is why I was thinking k-1
> may be the way to go.
>
> What is the best option here, and for how long would I have to remain
> in the US without being able to leave for, say, a 2-week family trip?

Even if your fiancee wants to come to the UK to marry you (and then
return to the USA), she would need the proper visa to do so. Believe
it's called a Settlement Visa. She can no longer just show up in the UK
and marry you.

You're probably looking at the K-1 visa then. It will take 6+ months to
process from start to finish. You'll arrive in the USA, and you must
get married within 90 days of your arrival. After you marry, you apply
for your adjustment of status (AOS) in order to get your green card.
When you apply for AOS, you can apply for travel permission (AP) at the
same time (form I-131). It takes about 2 months to get AP in hand. You
need AP in hand before you leave the USA for your visit home. So, how
fast you get AP depends on how fast you get married and file for AOS.
The AP is valid for 1 year, multiple visits. I would plan on staying in
the USA w/o leaving for about 3 to 4 months, just in case.

Rene

Jim Battista

fkaprotz <> wrote in
news:35$448527$4753002$:

> What is the best option here,

K-1 probably. To be clear, K-1 means you do not get married in the
UK.

> and for how long would I have to
> remain in the US without being able to leave for, say, a 2-week
> family trip?

There's no set time. These things have to happen first:

(1) Ya gotta be married.
(2) Ya gotta have your marriage certificate.
(3) Ya gotta file your I-485 and associated paperwork.
(4) Do you need your first NOA? I dunno. Others might.
(5) Ya gotta wait for your AP paperwork to clear.

Realistically, if you're on the ball and get a quick legal marriage
within a week after you arrive:

Almost certainly no less than two months from your date of entry.

Probably less than four months from your date of entry, unless AP
processing has slowed down.

Noorah101

> fkaprotz <> wrote in
> news:35$448527$4753002$:
>
> > What is the best option here,
>
> K-1 probably. To be clear, K-1 means you do not get married in the
> UK.
>
> > and for how long would I have to
> > remain in the US without being able to leave for, say, a 2-week
> > family trip?
>
> There's no set time. These things have to happen first:
>
> (1) Ya gotta be married.
> (2) Ya gotta have your marriage certificate.
> (3) Ya gotta file your I-485 and associated paperwork.
> (4) Do you need your first NOA? I dunno. Others might.
> (5) Ya gotta wait for your AP paperwork to clear.
>
> Realistically, if you're on the ball and get a quick legal marriage
> within a week after you arrive:
>
> Almost certainly no less than two months from your date of entry.
>
> Probably less than four months from your date of entry, unless AP
> processing has slowed down.
>
> --
> Jim Battista
> A noble spirit embiggens the smallest man.

No, you don't need the NOA in order to apply for AP. The I-131 is sent
along with all the other AOS paperwork at the same time. As soon as the
AP comes in (approx. 2 months later), you're good to go.

Rene