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Results 1 to 4 of 4

Thread: file I-130 while being together?

  1. #1
    Hi there,

    Got a bit of a problem and would like a bit of advice.
    I am an Irish Citizen living in London. I was in America on a VWP for 12months legally,not working living with my Fiancee.After that I moved to London and got a job.She came here for 12months Legally and I was the main fianancial supporter. Her visa expired Dec '07 and we have been apart since.I went to visit for 2weeks and we decided we are definately going to get married.

    Is it true that if she entered the UK on a fiancee visa she would get stamped with a 2year ltd remain to leave??Could she file for CR-1 immigrant visa the I-130form in the UK here with me or would she have to be resident of the UK for a certain period of time?If this is the case would the year she spent here with me on a tourist visa count??

    The K1 is probably quicker than the immigrant visa but this way i could go over to the USA and work straight away while saving money here waiting for the I-130 to come through and be with my partner.

    thanks!

  2. #2
    Hi there,

    Got a bit of a problem and would like a bit of advice.
    I am an Irish Citizen living in London. I was in America on a VWP for 12months legally,not working living with my Fiancee.After that I moved to London and got a job.She came here for 12months Legally and I was the main fianancial supporter. Her visa expired Dec '07 and we have been apart since.I went to visit for 2weeks and we decided we are definately going to get married.

    Is it true that if she entered the UK on a fiancee visa she would get stamped with a 2year ltd remain to leave??Could she file for CR-1 immigrant visa the I-130form in the UK here with me or would she have to be resident of the UK for a certain period of time?If this is the case would the year she spent here with me on a tourist visa count??

    The K1 is probably quicker than the immigrant visa but this way i could go over to the USA and work straight away while saving money here waiting for the I-130 to come through and be with my partner.

    thanks!

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jmarris:
    I was in America on a VWP for 12months legally </div></BLOCKQUOTE>12 months total or one visit?

    I don't know about UK immigration rules, but USA embassy normaly requires that the person has been legaly in the country for 6 months before he/she can file I-130 there. My understanding is that should be 6 consecutive months.

  4. #4
    Hi jamarris, welcome to ilw

    It is a bit confusing what you wrote, but here is my imput...

    You said you lived in the US for 12 months under the visa waiver program?
    Are you sure? That is only valid for 3 months, did you overstay? Or did you go back to UK and return every 3 months?

    Not sure if you have checked it out yet or not but wanted to mention it anyway..the UK laws on marrying have changed these past few years, so your fiancee will have to get the right visa and clearance to be able to marry you in the UK now.
    Without the right visa she will not be able to get married or it will be classed as void.

    Regarding immigration to the UK, I think you will have to find a Uk immgration site or read up on the UK embassy requirements as again the laws to immigrate there or even visit there for a period of time have changed too.


    If say you got married in UK, then she returns to the US and files for you, whilst you are waiting for the CR1 or K3 you can still visit her in the US whilst it is pending. As long as you show proof of ties to UK when you visit.
    If married in UK, your interview will be at the embassy as you married there.

    K1 visa's can only be filed in the US not in the embassy abroad.


    There is also one other important issue, will she be able to meet the sponsorship income requirements? If not she may need to find a co-sponsor for you.

    There is also a difference between the K3 and the K1 visas.
    On a K3 it is valid for 2 years, which means that whilst you are in the US, you are free to travel in and out of the US without problems and doesn't mean you have abandoned your adjustment of status.

    On a K1 you cannot leave freely. You will have to remain in the US until you receive the Green card, unless of course for emergency (Advance parole).

    K1 for sure will be the quickest way for you to be together in the US.


    Here is a good site that gives you what you need to file and the requirements for each..

    http://www.visajourney.com/faq/k1faq.htm
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