Marrying next April, next best step?

EST90

New Member
Hi

I am an English citizen, my fiancee is an American citizen from birth. We are intending to get married in April of next year in the US after which I am intending to immigrate to the US. At the moment my thoughts are to get married on a tourist visa then return to the UK thus avoiding immigrant fraud. After which point we will file the I-130. I realise this leads to a whole bunch of other forms, which I am just getting my head round.

My questions are what is the next best step(s)?
1) After marriage, should we file the K3 which I believe would allow me to enter the US whilst the other forms are being processed?
2) What sort of time frame would this be on?
3) I am likely intending to do some kind of academic course starting next year, leading to a teaching qualification, how would this affect the above?
4) Is there an alternative, perhaps more straight forward / sensible approach?

Thanks
EST90
 
K- Ill try and answer each question.

1) After marriage, should we file the K3 which I believe would allow me to enter the US whilst the other forms are being processed?
You could file for either the K3 or the IR1/CR1 visa. In my opinion the IR1/CR1 is the better visa as you become a permanent resident upon arrival in the States and are therefore work authorised immediately. With the K3, you need to undergo Adjustment of Status to become a permanent resident once you arrive in the States. This takes many months and currently costs $1010 (work authorisation takes approx 3 months to obtain from filing). And yes, you can visit the States whilst the petition is in progress. Just be aware that the POE officers probably know that this is in progress so you many get extra scruntiny when you try to enter....so arrive armed with lots of information proving your ties to the UK (eg, rent agreements/mortgage papers, letter from employer stating when youre due back at work, car loan payments etc). There will always be the possibility that you could be denied entry (as there is when youre entering without even having a visa in the works), so be prepared for that just in case.

2) What sort of time frame would this be on?

Its looking like the time from reciept of the K3 and IR1/CR1 petitions and their initial approvals is round about 210 days.
http://www.visajourney.com/forums/index.php?cfl=&autocom=custom&page=k3historical
After this, the approved petition is sent to the relevant embassy where the interview is held, and I think in the UK you wait anywhere between 4-10 weeks to get an interview once they recieve it, so altogether youre looking at a time frame of any where between 8-12 months.

3) I am likely intending to do some kind of academic course starting next year, leading to a teaching qualification, how would this affect the above?
Will this be in the UK? Will it be finishing in June 2010? (I did a PGCE the year before we applied for my K1.....it was such a fun course :)
Anyway.....when the approved petition is sent to the London embassy, the embassy will sent you a checklist telling you of all the extra documents that you need to bring to the interview and how to schedule a medical. An interview date will not be set until you send back the checklist. As I was on the K1, my visa was only valid for 6 months from the date it was issued, so I delayed sending my checklist so that I got a later interview date (I wanted to finish the whole school year rather than quit during it). However, with the K3, that visa is valid for 2 years, so you will have time to finish your course. Im not sure how long the IR1/CR1 is valid for though.
Also....immigration talk aside....to be a teacher in the US, you need to become certified for the State that youre teaching in. I didnt know this before I moved so Im starting everything from scratch now (cant apply for jobs until Im certified). Youll need to sit 2 Praxis exams....one about general teaching and learning and one in the subject area that youre specialised in. It therefore might be worthwhile to look into exactly what you need to study up on so that youre ready to sit the tests once youre here and so get the certification ball rolling nice and early. Im kicking myself as I have a tonne of material to study before I can even think about taking the tests, thus delaying the time for me to get a 'proper job'. If you need any info on that, please ask away.

4) Is there an alternative, perhaps more straight forward / sensible approach?
It seems as though youve got your head screwed on the right way and know exactly what youre doing. As youre doing the education course then I def think that the route your describing seems like a good plan. The spouse/fiances ARE the most straight forward visas to apply for and obtain. If however, getting to the US asap is your main priority and the wedding month was flexible, then I would prob suggest the K1 fiance visa as you can apply for that 'now' (providing you are both free to marry and have met each other physically in the last 2 years) and it takes less time than a spouse visa.

Good luck and let me know what you decide :cool:
 
Hi

thanks for the response. Unfortunately our wedding date is not very flexible. Realistically we should have been more on the ball for this several months ago then it would have been easier to apply for a K1 fiance visa. As we haven't we need to go the other route.

On the education front I was thinking of doing the course in the US so I would be doing all the "relevant" exams from the off (California is the state). This actually sounds even more likely really given the feedback you have just given. However it also begs the question of when I could do this, and how given the visa application process. What do you know about this? Would this be useful to us now or is it going to cause us more problems?

Thanks
 
A1: Correct. First your US spouse needs to file an I-130 and once a receipt is received, file an I-129F.
A2: Should be 6-8 months, may even take 12
A3: Should not, provided you are already in the US
A4: K-1 is quicker, but you would need to get married in the US

By the way, you are a British citizen. No such thing as English citizenship :)

1) After marriage, should we file the K3 which I believe would allow me to enter the US whilst the other forms are being processed?
2) What sort of time frame would this be on?
3) I am likely intending to do some kind of academic course starting next year, leading to a teaching qualification, how would this affect the above?
4) Is there an alternative, perhaps more straight forward / sensible approach?
 
Top