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Old 05-09-2007, 11:25 AM   #11 (permalink)
Jenney & Mark
 
Posts: 1841
Default Re: k1 visa - must stay in USA for 1 year?

> 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

Technically he does not need AP to leave the US -- but he will need it
if he wants to get back in and not have his AOS considered abandoned.

(I know you know that, Rene, I'm just being helpful! )

~ Jenney
 

Old 05-09-2007, 07:41 PM   #12 (permalink)
Meauxna
 
Posts: 5158
Default Re: k1 visa - must stay in USA for 1 year?

> 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?

If you marry in the UK, you can't begin your immigration until after the
wedding (and you have your marriage certificate as proof of it). Plan on
6-11 months before you can reunite in the US (presuming your new bride
as to go straight back to the US).

If you follow the K-1 path, you can start with paperwork
immediately, but you can not marry in the UK. With a K-1, you can:
-come to the US once you have the visa (*potentially* 6-9 months
from first filing)
-get married and file your AOS paperwork
-plan on traveling aprox 3 months after *that* (for the 2 week
family trip)

"Best" is relative.. it really depends on what you need to do where,
and when.
 
 


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