Fiancee Visa to get married then leaving the US before coming back permanently?

[Radioherd]

Hi, My American Fiancee and I are looking for info on applying for a green card/residency status in the US. I am a UK citizen but we intent to marry in California before moving back to the USA in August 2013. My Fiancee is currently studying in and living with me in the UK.

The question we have is if we get married while over in California for xmas 2012, would we have to do this on a finacee visa or could we just do it on a regular holiday visa? The point is the fiancee visa's seem to be so that I can stay in the US after we have married and while my green card application is pending, however we would both be returning to the UK untill August 2013 (after being married at xmas 2012) so my fiancee can complete her studies... - Is this ok under the fiancee visa?

Thanks for any help in advance.

[nichole]

The question we have is if we get married while over in California for xmas 2012, would we have to do this on a finacee visa or could we just do it on a regular holiday visa?

You can marry on VWP.

The point is the fiancee visa's seem to be so that I can stay in the US after we have married and while my green card application is pending,

That is correct. There are many countries who do not have VWP privileges and the only way to get the foreign fiance into the US is the fiance visa with the promise to marry within 90 days.

however we would both be returning to the UK untill August 2013 (after being married at xmas 2012) so my fiancee can complete her studies... - Is this ok under the fiancee visa?

Thanks for any help in advance.

I don't think the fiance visa is for you because it is a one use entry for the purpose of marriage within 90 days. It is void once you enter on it. You could remain in the US and apply for a greencard. You can't work with just a K1 visa. If you turned around and went back to the UK before gaining permanent residence, then you would have nothing to get back into the US with unless you had at least applied for advance parole along with the adjustment of status (greencard). So assuming a fiance visa would be complete by Christmas 2012...You would remain in the US for 60-90 days after filing applications for greencard/work/travel document. Then you could only make short visits to the UK until your greencard was granted or you would be considered as abandoning your GC application.

Better plan--
Marry while on VWP then return to the UK..
Your wife files I-130 petition to start the spousal process.
You will interview in London for a CR1 spouse visa. It may or may not be done by August 2013.
You have 6 months once the visa is issued to use it to move to the US. (if it goes faster than expected)
The day you enter the US, you are a permanent resident and can work and travel immediately. It takes a few weeks for your actual greencard and Social Security card to arrive in the mail, but your passport is stamped indicating your status as a permanent resident. The stamp is like a temporary greencard until yours arrives. CR1 visa is a cheaper process than the fiance visa because you save the $1070 adjustment of status (greencard) application fee. The GC is built in with the spouse visa.