US citizen to marry UK citizen -questions...

[JC1970]

I have a question.

If my fiance were to visit me, and we would get married during his visit, what would I have to do different to keep my fiance in the states?

I am a US citizen. My fiance is from the UK. Would I have to file a change of status form or something like that? I plan on petitioning for him, but I wondered if he was able to come visit me before a petition was approved and we could be free to marry.

Is it just simpler to file a fiance K1 visa instead, or wouldn't it matter if we got married sooner? We are so much in love and have been seperated since November of 2009. We can only speak by phone (expensive), or chat by MSN messenger or Skype. Is there anyone out there who could answer my question? Thank you for any answers you could give me, or experiences you've had.

Much appreciated.
JC1970

[barbarajlw]

Well this is only my own experience, I went to the US last September and was able to spend 2 + 1/2 months with my now fiance. I had to come back November 1st as was only there on waiver visa I-94. We then waitied till my divorce was final Feb 22nd and sent 129F petition for fiance visa. We knew that it could take some time so I was fortunate enough to be able to go back the the US in March and stayed until June again on a waiver visa. Now we could have married but I still would have had to come back to Australia regardless and wait for petition to be approved and sent to NVC in New Hampshire and then on to Austalia. We were actually approved with in 3 months 22nd June and I have been back here nearly 8 weeks and have my visa interview next Tuesday 17th. We did not want a quicky marriage and to be honest could not stand being away from my husband yet alone is hard enough being away from my fiance. So we will be married 11th September with family and friends. To be honest it is easy enough to do the fiance petition and ours wil all be final next week so all up 5 months from start to finish. And hey we all have had to be apart and we do yahoo it's all we have as well and texting so your not alone there. A lot of us have only that way of communicating with our partners. If you can send off the petition now and get all the paperwork together cool and if he can come visit yu in the mean time trust me it makes life a whole lot easier. Or if you get married you will have to apply for spouse visa . If he comes over for 3 months on waiver visa, he will still have to go back to UK. Up to you This is just my opinion ok someone esle may give you different opinion. Good luck though in whatever you do

[JC1970]

Thank you Barbra for your comment. Much appreciated.

[nichole]

Hi, my fiance/husband is also from the UK.

If my fiance were to visit me, and we would get married during his visit, what would I have to do different to keep my fiance in the states?

He could stay, marry, and you file I-130 along with him filing for AOS and hope it all goes well. He shouldn't return to the UK during the process for fear of not being allowed back in. Entry on a Visa Waiver as a tourist with the real intent of becoming an immigrant is considered visa fraud. So to avoid immigration questions at the airport and possible denial of reentry, it is often advised to stay put until you have a green card. For more information on this kind of adjustment and possible drawbacks, see something I wrote in this thread http://www.immihelp.com/forum/showthread.php?t=79042

I am a US citizen. My fiance is from the UK. Would I have to file a change of status form or something like that? I plan on petitioning for him, but I wondered if he was able to come visit me before a petition was approved and we could be free to marry.

Yes, he can come visit while you have a petition filed and then go back home to wait for the visa. If you petition for him as a fiance, then he comes to visit and you marry before he gets his fiance K1 visa...you would have to start all over and apply for a spouse visa CR1 because he is now married and not eligible for a K1. There used to be a K3 visa for spouses, but that is sorta phasing out so don't build your plans around that one. It could be the CR1 instead which has some very good perks.

Is it just simpler to file a fiance K1 visa instead, or wouldn't it matter if we got married sooner? you've had.

Nothing in immigration is simple. Many forms, much money, and a lot of waiting. A K1 is probably the most legal way with fewer risks.

We are so much in love and have been seperated since November of 2009. We can only speak by phone (expensive), or chat by MSN messenger or Skype. Is there anyone out there who could answer my question? Thank you for any answers you could give me, or experiences

Yes, we have all been soooooo much in love. But time for a reality check. Do you make enough money to meet the affidavit of support requirements? Have you filed tax returns? Does he have any arrests or criminal mischief records? So many details to prove besides your love.

Speaking on phone note: he can get Vonage in the UK for about 7-8 pounds/mo. if he has high speed internet. It's just like a regular house phone, no special phone needed, computer doesn't have to be on....and it's unlimited calls to the US and a bunch of other countries too.


Hey, and good luck to you making your decision on what to do.

[JC1970]

Thank you very much Nicole. You've been helpful. We both decided it would be safer for me to file a petiton instead of taking any chances. We'll play it safer. I dont want to make any mistakes and get my fiance banned for 10 years. We've been seperated for so long already. That would be devistating.

Thank you...!!!

[MrsAllen2b]

K1 vs. CR1 (spouse)

There are advantages to thinking about the CR-1.

If he were to come here and marry you on a VWP, he could return home and you file for the CR-1. While it can take slightly longer, the CR-1 spouse visa is actually cheaper, and he would have a green card upon arrival to the states, meaning you wouldn't have to go through the expensive and long AOS process after he'd arrived. He'd be able to work from Day 1 (or as soon as his SS card came in).

But just getting married on a VWP, if that is your intention, is illegal. It is considered fraud, and you'd be pressing your luck at the AOS to get him approved. If the CO at the AOS interview decided you'd intentionally committed fraud, you'd have a serious problem on your hands. I'm not saying nobody has done it and gotten away with it, I'm just telling you what could happen.

Hope that helps. Good luck.

[nichole]

There are advantages to thinking about the CR-1.
If he were to come here and marry you on a VWP, he could return home and you file for the CR-1.

Just want to clarify some terminology. The US citizen files a petition to USCIS. The foreign fiance or spouse applies for a visa via an interview at their US consulate. A US citizen does not file for a visa.

But just getting married on a VWP, if that is your intention, is illegal. It is considered fraud, and you'd be pressing your luck at the AOS to get him approved.

Getting married on VWP isn't illegal. Hundreds do it all the time. It is fraud to plan in advance to immigrate when you say you are entering as a "tourist." The key is to "suddenly" make that decision while he is here, and not plan on it in advance. So a fancy, well-planned wedding and showing pictures of that wouldn't look so spur of the moment. A Vegas marriage would, if you can see the contrast. Most do their AOS interview without the question of VWP even coming up. But if there are other problems with the case that might be leaning toward a denial, then you have no appeal to that decision if you marry on VWP because with VWP you give up all rights to appeal. (As explained better in that other thread I linked to.)

[JC1970]

Us citizen to Marry Uk citizen

Nicole,
I make about 26,000 and change for yearly income plus 6,000 in child support a year. So that would be at the 32,ooo mark. i will be ok here.
I've recently gotten divorced, so yes I've filed a tax return before. I have them from 5 years back when I was married. Filed taxes for 2009 before the divorce was finalized. But had to file jointly because of the previous year.
I do believe i make the income requirements for the 125% above the poverty line.

I will be paying for the fee for filing the K1 visa. My fiance will be paying for his own interview, jabs, doctor visits. I am currently saving for money for the petition and change of status forms, work permit, which my fiance and me will share in the cost. He will be moving in with family, selling belongings, and saving saving saving. I don't see any problems.

We both do not have any criminal or mischeif records, no bad history of anything.
It will all go just fine. I've done my research on the USCIS website, and we are just waiting for his police long form to come back in a couple of weeks, then he'll mail it off to me where i will then assemble our information, and mail it out. Double copies of everything to have on hand.

[nichole]

So, you've decided to do K1 instead of marry on VWP and not return to UK.

It sounds like you will be fine. London is a pretty easy consulate for the interview. They don't ask for additional info on your relationship so no scrapbooks and proving your love with evidence at the interview. They just ask a few chatty questions. It's more of a conversation than an interview.

One thing...you mentioned waiting on his police certificate(?) before you file. That's not needed to file the I-129F petition. He takes it to his interview which is months down the road. Not sure what you mean by police long form. There is a long form birth certificate that is required for his interview. It means it has his parents names on it, over a shorter version they often use for school purposes.

[JC1970]

So I don't need to send that with my petition? I read somewhere that it was needed with the bio form. I am confused. I'll go through my paperwork and look again. My fiance is sending everything to me and then i will assemble and mail it out. The long form is a police certificate that states where he's lived since he was 16. He has also contacted the London Embassey with questions. He has to have two pictures signed by a person of high ranking that is not related to him. He had his boss sign two. the other two go with the bio form with his signature and date on both. I'll check back. thank you Nicole

[nichole]

So I don't need to send that with my petition? I read somewhere that it was needed with the bio form. I am confused. I'll go through my paperwork and look again. My fiance is sending everything to me and then i will assemble and mail it out. The long form is a police certificate that states where he's lived since he was 16. He has also contacted the London Embassey with questions. He has to have two pictures signed by a person of high ranking that is not related to him. He had his boss sign two. the other two go with the bio form with his signature and date on both. I'll check back. thank you Nicole

What you need for the petition I-129F is all laid out here
https://www.immihelp.com/usa-visas/k...-petition.html

After a couple of months that will be approved and the file sent to the embassy in London. Then it's his turn to apply for the visa. It will take London awhile to send him intructions (which are on their website). He'll be ahead of he gets everything ready so once they do send him instructions, he can mail the things to them (4 forms and a checklist) that day. Many people wait until they get the instructions, then start gathering so they are delaying their timeline.

He will take his personal documents with him to the interview....things like birth certificate, police certificate, passport photos, any divorce decrees, any military service documents and the I-134 Affidavit of Support which you prepare along with at least two proofs of the income you state you make. London expects to see the latest tax return as one of the proofs. You could be ordering 2009, 2008, 2007 tax transcripts now. While only 2009 is enough, you get 3 free from the IRS with one order form, so might as well have all of them. The tax transcript takes the place of sending in all the pages of the tax return plus your w-2s.

The long form is a police certificate that states where he's lived since he was 16.

The purpose of the police certificate is to check his criminal record and he would need one from each country where he has lived (more than 6 months I think) since age 16. They have to know if he's a criminal that would not be granted a visa. It has nothing to do with proof of where he lived. You just list that but don't prove it on the biographic form.

He has to have two pictures signed by a person of high ranking that is not related to him. He had his boss sign two.

That is the requirement from ACPO to order his police certificate.

the other two go with the bio form with his signature and date on both.

One passport photo goes in with the I-129F that you file.
One is taken to the medical exam in London to place on his medical report.
Two are taken to the embassy on interview day. All of these are US passport size and not the smaller UK passport photos.

[JC1970]

Where is the address to send for my tax transpripts? I will do as soon as I know where. thank you again.

[nichole]

It is IRS Form 4506-T. Just google that because this website deletes links...even useful ones. So ridiculous. Fill in the form online then print it. You are ordering 6a (return transcript) and put the three years you want at the bottom. There's a fax number on the last page (look for your state to get the right one) if you want to fax it in. I had mine within a week.

Make photocopies because you will use these again for Adjustment of Status. Photocopies are fine with embassy in London.

[JC1970]

If i fill out the form and at the bottom it asks for spouse's signature. I am no longer married to that person. Can i still request the returns without their signature? Otherwise I still have the orginals of 3 years plus of tax returns filed when I was previously married.
Good news I also got a raise at work. So will be earning $500 more per year!! Yeah


Cheers

[nichole]

You can request tax transcripts as one of two persons on a joint return. He doesn't need to sign.

In your case, you are going to have to show your portion of the income (which would be your W2). They can't really use a joint return of yours with a former spouse to determine of you alone can meet the income requirements. You will have to include something to prove your share of that joint return.