# Pre-Immigration Help



## pond-hopper (May 2, 2009)

_My Boyfriend and I are going to get married and want to be able to live together in the US asap. We are just starting the process and haven't a clue what to do. We are also getting conflicting opinions from all over the place. Can we do the process ourselves, is it quicker if we hire an attorney? Should we apply for a fiance visa, or is it quicker if we get married and then apply. And others have told us that when I go visit in the summer for 6 weeks to get married then and apply in the US to stay. So confussing! I also have 3 children that will need to move with me. We are desperate to be together and have been pond hopping to be together for the last 2 years! PLEASE HELP_


----------



## Fatbrit (May 8, 2008)

pond-hopper said:


> _My Boyfriend and I are going to get married and want to be able to live together in the US asap. We are just starting the process and haven't a clue what to do. We are also getting conflicting opinions from all over the place. Can we do the process ourselves, is it quicker if we hire an attorney? Should we apply for a fiance visa, or is it quicker if we get married and then apply. And others have told us that when I go visit in the summer for 6 weeks to get married then and apply in the US to stay. So confussing! I also have 3 children that will need to move with me. We are desperate to be together and have been pond hopping to be together for the last 2 years! PLEASE HELP_


How old are the kids?

How necessary is it for you that you work as soon as you arrive?

Would you rather spend time apart before you're married or after you're married?

Have you or any of the kids ever been arrested for anything, anywhere?

Have you or any of the kids got any serious medical conditions?

Have you or any of the kids ever broken any conditions of your stay in the US?

Are you going to have any issue meeting the income requirements? (Assuming your partner has no kids and you will live in one of the contiguous 48 states, he needs at least $33k/year)

Are you both currently free to marry?


----------



## pond-hopper (May 2, 2009)

Fatbrit said:


> How old are the kids?
> 
> How necessary is it for you that you work as soon as you arrive?
> 
> ...


Thanks for the reply.[
No I do not need to work when I move to the US.
My children are 12, 9 and 7
We would rather never be apart!
We have never been arrested for anything
My one son has asthma, and one is severly dyslexic, but surely that shouldn't matter?
No I have never broken any of my stay conditions, my children haven't been there yet, but we plan to go there in the summer.
The income requirements He does have a son living with him, but he is a high earner.
And we are both free to marry.


----------



## Fatbrit (May 8, 2008)

pond-hopper said:


> Thanks for the reply.[
> No I do not need to work when I move to the US.
> My children are 12, 9 and 7
> We would rather never be apart!
> ...


That's great! Your answers don't show any skeletons in the cupboard that could trip you up....so, hopefully, it'll be plain sailing. Whether you need a lawyer not depends on whether one of you is methodical and organized and will take the time to do the research and understand the system. But most people in your situation would probably not use one.

Choices:
K1 fiancee visa (and K2s for the kids). Your bf can file the initial paper now. You should have the visa before Xmas. Once you've got the visa, you've got 6 months to use it, and once you enter the US you've got 90 days to get married. There's a pile of paperwork to do after your marriage, too. This ones difficult if you're planning a fancy wedding because you're not sure of the timing till the last minute.

CR1 immigrant visas for all. Get married this summer while you're over, then return to the UK before the 90 days of your VWP are up. Your spouse files the petition as soon as you're married, and you can expect the immigrant visas round about Xmas. Once you move here, you're set to go with no other immigration paperwork required for 2 years. IMO, this is the best method for most people from an immigration point of view.

K3 -- don't use this visa as it's totally pointless. I merely mention it as you'll see it out there.

The "visa waiver express" method you mention. You come over and get married this summer, then remain and adjust status. There are major problems with this method: it is fraudulent to arrive as a tourist with the intent of remaining, and therefore it is a method that can easily go very badly wrong if USCIS decide they don't like you. Although many people have completed it successfully, there are a few who've been ejected with long bans from returning to the US.

This summer's visit:
With a history of visits and now the kids in tow, the POE officer might well suspect you will be going down the "visa waiver express" route and deny you entry. Be sure to bring plenty of proof of your return to the UK to be produced only if specifically requested.


----------



## Davis1 (Feb 20, 2009)

You will also need documentary evidence that the father/fathers of your children
have given permission for them to leave the UK ..


----------



## pond-hopper (May 2, 2009)

Fatbrit said:


> That's great! Your answers don't show any skeletons in the cupboard that could trip you up....so, hopefully, it'll be plain sailing. Whether you need a lawyer not depends on whether one of you is methodical and organized and will take the time to do the research and understand the system. But most people in your situation would probably not use one.
> 
> Choices:
> K1 fiancee visa (and K2s for the kids). Your bf can file the initial paper now. You should have the visa before Xmas. Once you've got the visa, you've got 6 months to use it, and once you enter the US you've got 90 days to get married. There's a pile of paperwork to do after your marriage, too. This ones difficult if you're planning a fancy wedding because you're not sure of the timing till the last minute.
> ...


Thanks thats so helpfull.
Any idea what sort of proof I can take to prove that myself and the children aren't going to just stay? I thought maybe things like my mortgage statement, and job contract?


----------



## Fatbrit (May 8, 2008)

pond-hopper said:


> Thanks thats so helpfull.
> Any idea what sort of proof I can take to prove that myself and the children aren't going to just stay? I thought maybe things like my mortgage statement, and job contract?


Yep, stuff along those lines. Of course, the best proof ever is a gaggle of kids at home awaiting your return -- but this time you're bringing them with you!

There's no guarantee of entry. If you're planning on getting married and then returning, you will have an even bigger burden of proof if you drag the wedding dress through. There are no guarantees of entry as it's at the whim of the individual officer and there's no judicial review available. However, it's perfectly legal to marry here on the VWP provided you do not intend to stay.

Always be 100% truthful with the officer since it could come back to bite if you aren't. Note, though, that this does not mean you need to provide information that they don't actually specifically ask for.


----------



## pond-hopper (May 2, 2009)

Fatbrit said:


> Yep, stuff along those lines. Of course, the best proof ever is a gaggle of kids at home awaiting your return -- but this time you're bringing them with you!
> 
> There's no guarantee of entry. If you're planning on getting married and then returning, you will have an even bigger burden of proof if you drag the wedding dress through. There are no guarantees of entry as it's at the whim of the individual officer and there's no judicial review available. However, it's perfectly legal to marry here on the VWP provided you do not intend to stay.
> 
> Always be 100% truthful with the officer since it could come back to bite if you aren't. Note, though, that this does not mean you need to provide information that they don't actually specifically ask for.


Thank you so much, again for the great advice
I think we are going to go with the second option. Still going in Sept, and making sure the kids know we are returning home in case they get questioned. I have also heard that we could possible pay to get the application expidited?


----------



## Davis1 (Feb 20, 2009)

pond-hopper said:


> . I have also heard that we could possible pay to get the application expidited?


There is no expidited service available.


----------



## pond-hopper (May 2, 2009)

Help, Again! OK what sort of documents can I take to prove I will be returning to the UK? I thought maybe mortgage statement, work contract? Any ideas?


----------

