# UK guy hoping to marry & live in US



## nile m (Sep 13, 2010)

Really need some good advice please-two lovers want to be together in the U.S. !

UK citizen looking to go to US within weeks to be with the love of my life and will ask her to marry me.

Assuming she says yes, the ideal plan would be to stay in the US together for at least 9 months but have the following questions:

Note: (I have an established telesales position that allows me to generate an income online from calling UK business and get paid in the UK, so can prove self-sufficiency and can work it from in the US ( thank you skype!)

1	Could I extend my stay past the tourist visa period if we were married?

2	What`s the longest period can I initially visit to the states as a single tourist – have read 3 month and 6 months – which is it ?

3	K-1 Fiance Visa – read that I would have to wait 6 months before entering with this visa –Is it better I declare my intent to marry first from the UK using the K-1 option, or is there a better method that means I should wait till I get to the States and declare my marriage intent there ?

( I would prefer not to have to get married in 90 days using the K-1 method 
Apologies for all the questions – hope I haven’t breached etiquette but tried to keep questions short.

Thank you kind people in advance for any insight and taking time to share your knowledge. Much appreciated.

Nile


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## Fatbrit (May 8, 2008)

nile m said:


> Really need some good advice please-two lovers want to be together in the U.S. !
> 
> UK citizen looking to go to US within weeks to be with the love of my life and will ask her to marry me.
> 
> ...


Simple question -- incredibly difficult answer. I'll get back to this one tomorrow if you don't mind as I'm just on my way out.


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## Davis1 (Feb 20, 2009)

1.. You cannnot extend the visa waiver 
2.. 90 days under the visa waiver
3..the K-1 is a fiancee visa and is the method to use
once you have that you enter the US and marry within 6 month then apply for the green card 

you cannot go to the US with intent of marriage and remain 
on the visa waiver


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## Davis1 (Feb 20, 2009)

Davis1 said:


> 1.. You cannnot extend the visa waiver
> 2.. 90 days under the visa waiver
> 3..the K-1 is a fiancee visa and is the method to use
> once you have that you enter the US and marry within 6 month then apply for the green card
> ...


that should say .. you must use the visa within 6 months and marry after arrival in 90 days


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## wobbli (Oct 10, 2010)

Davis1 said:


> 3..the K-1 is a fiancee visa and is the method to use


We did exactly this - K1 visa - once approved 6 months to use. One thing I would point out is that in the UK, the American Embassy was a nightmare to deal with. Once in the US, the INS are great. There was comment here too that the 90 days wasn't really expected, and you had a couple of years to do what you needed to do. Make sure you have a job here when you go for the green card that pays > $USD35k (at the time we did it - may have changed) or you'll need a sponsor in the US (Citizen or Legal Resident Alien) that will legally commit to 'covering' and be financially responsible for you for state benefits, like unemployment etc

I did not have a job when I moved over (although had my suitcase and equity...) and started the job hunting process once here - got an offer and took this along with me to the INS for the Green card process. They used that for the proof and requirement so did not need a sponsor.

You will receive a temporary 'green card' (I don't recall exactly what it was called) to allow you to get a job. No legitimate business will accept you for work unless you have this and a Social Security number.

We went through the process back in 1999 - before 9/11 - so things may have changed somewhat since then. 

Best of British to you

Wobbs


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## nile m (Sep 13, 2010)

Fatbrit said:


> Simple question -- incredibly difficult answer. I'll get back to this one tomorrow if you don't mind as I'm just on my way out.


Dear Fatbrit

Any time you kindly donate to helping me unravel these issues is greatly appreciated. I am planning to go at the end of the month on a tourist visa even if its for just 90 days so will be investing my time over next two weeks to research subject before I go.( unless the advice suggests otherwise ...)

Are there any resources/links you could point me to I can tap into better understand 
this process ?

I look forward to scanning the forum in the hope that I can get the benefit of your knowledge on the subject. Thanks again in advance. Really, and if I`m right that you moderate this service, then thankyou for providing such a helpful service . Peace Nile


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## BritishGav (Jan 26, 2010)

Well first thing, don't tell the boarder official you're coming to get married or you'll be back in blighty before you know it.
The K1 visa is the way to go, and I am in the process currently. You can go to the states, get married and then change status, but it's risky so I wouldn't advise it. I've found some pretty good resources for the visas online, example documents and such. 
If I were you, and I was in the same position very recently, I'd ask the girl and then work out the official route in. Start collecting evidence of your relationship, and make sure you have someone in the states who can sponsor your application.

Speaking of which, I need to ask a question myself


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## nile m (Sep 13, 2010)

We did exactly this - K1 visa - once approved 6 months to use. One thing I would point out is that in the UK, the American Embassy was a nightmare to deal with. 


Dear Wobbs 

Thanks for the post which raises some questions..

1 90 day stay - for the elimination of doubt, has this now been changed to 90 days maximum recently ? I see you said its 90 days and i`m just hoping it`s not the case as the good lady was expecting me for a 6 month stay as I was too, and i guess i don`t want to hear it is the lesser period ! could you nail it for me once and for all?


2 applying for KI fiance visa - issues ..

If I do a 90 day stint next time on the visawaiver and return to make the K1 application, do I have to stay out of the states until it is resloved or can i return on a tourist visa while it is going through ?

3 how long does this K1 fiance process take ? I imagine its based on individual circumstances, but i`m just trying to guage how long it may be for the shortest and longest times.

4 could you expand on the US embassy nightmare so I can see what I need to prepare for. Would be grateful to receive any further advice.

Thanks 

Nile


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## nile m (Sep 13, 2010)

Davis1 said:


> 1.. You cannnot extend the visa waiver
> 2.. 90 days under the visa waiver
> 3..the K-1 is a fiancee visa and is the method to use
> once you have that you enter the US and marry within 6 month then apply for the green card
> ...


Thanks very much for the post. Much appreciated. Two question re k-1 please

1 Any idea how long this may take ?

2. Can I start the K-1 in the States when I next visit as a tourist on the 90 day waiver, or do I have to start it in the UK on my return and visit the US embassy to do it ?

Thanks 

nile


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## Davis1 (Feb 20, 2009)

nile m said:


> Thanks very much for the post. Much appreciated. Two question re k-1 please
> 
> 1 Any idea how long this may take ?
> 
> ...


8-10 months ...
The Us citizen starts it ..tomorrow will do 
Nonimmigrant Visa for a Fiance(e) (K-1)


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## BritishGav (Jan 26, 2010)

1. The visa waiver is for 90 days, you can't extend it
2. You don't 'have' to stay out of the US while you have the visa petition but it's a good idea
3. Processing time varies, I've seen processing times from as little as four months to as much as 13. I'm expecting it to take about 7-8 at the moment


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## nile m (Sep 13, 2010)

Davis1 said:


> 8-10 months ...
> The Us citizen starts it ..tomorrow will do
> Nonimmigrant Visa for a Fiance(e) (K-1)


does it matter if the k-1 application is made while i am there only for a 90 day visit or not ? 

1 I am going there in November and if i ` popped the question` are there considerations of me being in the US at the time and the K-1 application is started then during my short stay, as opposed to me being in the UK when the application is by my US girlfriend? 
( I am wondering if there is any reason it would work against me if it is clear that I am not looking to remain in the US on this second visit)

2 Am I okay to apply to visit as a tourist regularly on a 90 day waiver during the 8-10 months processing period ? By choice , I would and could afford to return for a week or so and then return to do another 90 days until the (k-1) goes through, but I am wondering what Customs& immigration might make of it in a way that i can`t foresee. i can showe that i have committments here with property and work and am wondering if it will get harder each time i go back and forth on the 90 day waiver.


3 Are there any circumstances where there is a visa I can apply for where I can just stay for 6 months as a visitor, rather than doing 90 day waivers back to back ? 

thanks in advance


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## nile m (Sep 13, 2010)

BritishGav said:


> 1. The visa waiver is for 90 days, you can't extend it
> 2. You don't 'have' to stay out of the US while you have the visa petition but it's a good idea
> 3. Processing time varies, I've seen processing times from as little as four months to as much as 13. I'm expecting it to take about 7-8 at the moment



Hi Gav

Thanks for the post. I have some further questions please

1 Does it cause me a problem if I am in the US on my next 90 day waiver and the K-1 is initiated by my partner during my stay?

2 What difference does it make if I am in the UK or US when my partner applies for the K-1 ? ( I can see it may be preferable for immigration to assess me from me being outside the country, but is it essential I am in the UK when the K-1 application starts ?



2. Ideally on the next trip, my partner could start the K-1 , I leave after 90 days for UK, returning to the US in a few days/ weeks and I repeat the process until the K-1 goes through . Now if I can show that I have business and property in the UK and a reason to return to the UK, are you aware of any issues I may encounter with Immigration with this degree of going back and forth ?




"You don't 'have' to stay out of the US while you have the visa petition but it's a good idea"

3 I note you say its better to stay out and wait - as it could take 4- 13 months, could you elaborate why please from any experience you may have.

Thanks in advance for any advice.

Nile


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## BritishGav (Jan 26, 2010)

If you apply for the K1 in the US you need to supply your visa number, this used to be on the green slip of card (I-94) use had when you went into the country before the ESTA system came in, but I don't know how to get it now. You'd of course have to be back home for your medical and interview anyway.

If you were to go to America and get married you apply for a change of status instead, and it's possible for this to be rejected if they think you entered the US with the intention of getting married on the VWP, which isn't for this purpose.


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## nile m (Sep 13, 2010)

nile m said:


> Hi Gav
> 
> Thanks for the post. I have some further questions please
> 
> ...



Hi British Gav


I am trying to get some clarity on a few points and hope you can help..


1. Can you confirm that it is my partner, and her alone as the US citizen, that makes the k-1 application?

2. Is it ok for me to be in the country on a 90 day tourist waiver if I propose when I go there next weeK with the full intention of returning back to the uk within that period ?

3 I am unsure if I HAVE to be out of the country if she applies for the K-1 which effectively would mean i could not propose in person.

4 I am hearing conflicting stories about the ability to return quickly to the US on another 90 day tourist visa ie a few days/weeks after the first one has expired.
If i have sufficient financial means to be able to afford to, can prove I have sufficient income and reason to return to the UK for work , do you see aproblem for me going back and forth on that basis.

5 Is it better to say i am staying with just a friend or declare I will be with my girlfriend ?

6 dont know if this is allowed by the forum or by your good self but could we have a real chat by phone ? 


My idea would be to come for 90 days, propose , have my partner start the k-1 process, leave within 90 days , do whatever interviews in the UK I have to do and return back and forth until it goes through. I am still unclear what the issue is if i can show that I am always returning to the UK as required and can show i have work there and property.

hope your application is going through okay and again, thanks for any advice.

Cheers

Nile


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## BritishGav (Jan 26, 2010)

1) Your partner applies for a petition for a visa application, you don't actually apply for the visa itself until you send in Packet 3. But yes, your partner applies.
2) Yes
3) Technically, but when I applied we just waied until I left before posting the forms to Dallas
4) You can travel, but its up to the Board official whether he lets you in or not
5) If you mention your girlfriend they will ask you some more questions, but it's no problem
6) I don't mind replying to email, but i don't really want to give out my phone number


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## Grrr (Dec 5, 2009)

nile m said:


> 1 Any idea how long this may take ?
> 
> 
> Thanks
> ...


I got married at the end of August and got my Green card at the end of November, so a total of 3 months, amazingly quick.


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