# Best Course Of Action to Immigration?



## JackCassidyMusician (Feb 1, 2016)

Hello again!

I _think_ this is the best/quickest course of action for my particular situation, and I'd love some advice if it's not! I've had a wonderful time in America with my (soon to be) spouse and really do not want it to come to an end, but as much as I'd like to just go for the adjustment of status and try and stay, I really don't want to take any risks, since I'm here on ESTA, so it only takes one dude having a bad day to say "I think you came here with the intention of trying to immigrate" and slap me with a 10 year US ban!

SO, the proposed plan:
Marry my boyfriend before I go home to the UK before my ESTA expires next month.
Have him file forms I-130 and I-485.
Also file form I-129F so that I can come and live in the US while the first two forms go through. (Do I file that at the same time as the first two, or after we receive confirmation that they've been received and the forms are being processed?
Come to the US and wait?

I'll need to be in the UK a couple of months as I have a few important events and such to attend, so I'm not expecting to be flying back a week after or anything. But is this my best course of action? Any help/advice would be greatly appreciated! Thank you!


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## JackCassidyMusician (Feb 1, 2016)

I've been doing some more research, and would it actually be more beneficial to NOT marry before I leave, and instead, just get engaged, and then file for the K-1 visa instead, which should hopefully be a quicker process, at least in terms of getting me to the US, not necessarily becoming a US resident?

The former is more important to me. I know if we go for the CR-1 visa, I'll be a permanent resident immediately upon entering, but it could potentially take way longer to actually be back in the US at all?


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## Crawford (Jan 23, 2011)

I think you have misunderstood the process for obtaining either a spouse visa or fiance visa for the US. There is no "filing of I-129F so that I can come and live in the US while the first two forms go through"

Your options are:

- get married in the US, then you return to the UK and you file for the CR-1. At point of entry you are a permanent resident

- you return to the UK and file for the K-1 visa. Once visa is issued you return to the US, get married and file for Adjustment of status.

*Either way you have to wait in the UK until the visa is issued.*

Both processes take about 8 to 10 months.


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## JackCassidyMusician (Feb 1, 2016)

Crawford said:


> I think you have misunderstood the process for obtaining either a spouse visa or fiance visa for the US. There is no "filing of I-129F so that I can come and live in the US while the first two forms go through"
> 
> Your options are:
> 
> ...



Does the K-3 visa not allow you to come to the US while the request is being processed and then either wait it out or adjust status?


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## Crawford (Jan 23, 2011)

If you research the K3 visa you will find that it is regarded as redundant.

Introduced back in 2000 to overcome a backlog of I-130 petitions, with the reduction in the backlog (petitions taking only 8 to 10 months say) it's more or less obsolete. 

The K-3 is applied for after the submission of the I-130 etc .

It is only for *spouses* and children


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## twostep (Apr 3, 2008)

JackCassidyMusician said:


> Does the K-3 visa not allow you to come to the US while the request is being processed and then either wait it out or adjust status?


Why K3 is still on the books - who knows. It automatically rolled into CR1 for the last couple of years. Availability?


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## JackCassidyMusician (Feb 1, 2016)

twostep said:


> Why K3 is still on the books - who knows. It automatically rolled into CR1 for the last couple of years. Availability?


Ok, so if we were to apply for the K1 visa, I can at least come and visit while it's being processed? It might be hard to prove that I'm not just trying to immigrate though, as I don't have a lot of ties back to the UK other than a bank account and car insurance. I live with my folks there and I'm self-employed and work from anywhere with my laptop, so no job to show that I'd be going back to. I was honestly surprised that for my current near 3-month trip that I wasn't questioned more at the airport. Just the usual "Why are you here and for how long?" stuff, and then a question of if I was going to use the c1-d visa already in my passport, and I said that I never intended on using it ever again. 
Would it be possible to show the paperwork with regards to our ongoing K1 for the border officer to see, just to show that I'm clearly going about it legally? it'd be nice to cut down on a 10 month period apart with a trip or two to visit.


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## Crawford (Jan 23, 2011)

Yes you can certainly visit one another.

If you are worried about entry, if I was you, I would take documentation to show that I would be returning to the UK rather than an ongoing immigration procedure.


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## mamasue (Oct 7, 2008)

Jack, if you marry him in the USA then return home, I'm pretty sure you can come visit while your CR1 application's being processed....
The fact that you married him in the US..... AND RETURNED HOME might well be seen as intention of doing things properly, and not trying to bypass the system. JMHO.
Also.... have a return ticket ready to show.
It might raise a few flags if you apply for another 90 day visit....I'd probably go for 4 weeks or something.
Also.... have you got somebody in the UK that you can trust to open your mail for you? In case you get an interview letter or something while you're away.


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## twostep (Apr 3, 2008)

There is no "90 day application". If OP can travel via ESTA/VWP that allows him up to 90 days in the US deepening on the immigration officer at point of entry.


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## mamasue (Oct 7, 2008)

twostep said:


> There is no "90 day application". If OP can travel via ESTA/VWP that allows him up to 90 days in the US deepening on the immigration officer at point of entry.


No.... but they always ask how long you're planning to stay, at the border.


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