Thread: I'm moving for love!

Hi folks! Just thought I'd introduce myself here. I'm Anna, and I'm currently living in (and am from) Scotland, and am very much in love with my American fiance. I am having such a tough time at the moment though - and would be so appreciative for any advice people can give me!!

I'll give you a quick wee background story first. I met my fiance for the first time back in July 2010. The funny thing about this is that we 'met' online 10 years ago, and were just like on line pen pals; falling in and out of contact over the years. After about 3 years of no contact with each other, he instant messaged me out of the blue, and our lives took us in the direction of finally meeting up. We've spent a lot of time (and money!!) together since then; travelling back and forth across the Atlantic to Florida, and to Scotland, and then he popped the question last August!


Here is my dilemma and what I need help with because I sometimes feel like my brain is about to explode with all the information out there, and what's relevant to me etc. He wants to move to the UK, but at the moment, has to be based in the US because of his work. What we were thinking is that we get married when I'm next over there in a month or so, (on a Visa Waiver/tourist visa) and then I should be legal to get work, etc while I'm there with him. I've looked into the K1 Fiance Visa - but this takes a horrific 5 months to process!!!! I just want to know if anyone can tell me if this will actually work or not? Could I get deported/banned from the States or even arrested if I approach things in this way?? I feel terrible, sleepless nights etc. I know it's probably not the right way to do it (I'm the kind of person who always does things 'properly') but we miss each other SO much, and just want to be together.

Thank you in advance.

Anna

Hi Anna,

Congratulations :)

You can marry him on the VWP as long as you then leave the country, if you over stay you will run the risk of being imprisoned, deported and/or banned, it's not worth the risk IMO. Apparently the marriage visa (CR-1 I believe) is a lot less complicated and quicker, around 6 months?! Whereas the K-1 is around 8/9 months.

HTH

Vicki

Hi Vicki,

Thanks for responding so quickly. Yes, I will need to take steps to get this under way then, so I'm not wasting any more time than is necessary. It may even process faster than I think. Sometimes you just need to do things the 'hard' way. I just hope the visa doesn't cost too much to get etc!

Anna :)

Good luck Anna :) It seems a long time away now but it will fly by ;) Not sure about the cost as we are here via a work visa, I guess it would depend on whether you are using an attorny or not?!

Hi Anna, any luck with your visa application yet? Have you made any progress at all?

Hi Tillyfloss,

I haven't proceeded with the fiancee visa yet because my dad was so kind and bought me a ticket to Florida!! I leave on the 27th of this month and return on June 21st I think it is. When I get back, I will get the lengthy visa underway :(. I've not seen him since January 9th ( A long time without any positive visa "action", so I've really wasted 3 months of time in terms of getting the visa process started ). I will perhaps see if I can somehow start the ball rolling when I'm over there? Time is of the essence, so I want to shorten the process as much as is legally possible.

Anna

Awww that's lovely of your dad :)

Can I just ask do you have a visa? You said Visa Waiver/Visa in your original post?! Those are different things! When you saw your Fiance in Jan was it in the US or UK? If it was the US how long were you there for? I ask as if you were in the US it will flag up in immigration that you are returning quite soon, especially if you are returning for almost the maximum time using VWP. As it's such a long visit you will have to prove your ties to the UK, such as job, owning a home etc, family doesn't count! You may also be asked to prove how you are funding the trip, so make sure you take a bank statement if you aren't take much cash. Whatever you do do not lie to the immigration officer as it may come to back to haunt you in a bad way.

If it was me and I wanted to live with my fiance asap I would be marrying him whilst on holiday, applying for a marriage visa and returning home to sort things out the UK end and before I know it I would be moving over to live with him

Where abouts in Florida will you be going?

Vicki x

Hi Vicki,

I will be going to Florida with the Visa Waiver again. My ESTA is still valid too. I last entered the US on October 26th 2011, and left on Dec 21st. He flew to the UK from the 22nd Dec until the 9th January to spend Christmas and New Year with me in Scotland; as I spent it there for the "Holidays" lol of December 2010. I know it's a pretty short period of time since I was last there, but I've (so far) had no problems with Immigration. They have of course asked me questions such as what's my purpose being in the US, how am I funding it etc. This will be my 4th visit since the start of November 2010, and I've been ok so far.

As far as I can see, there aren't any set restrictions as to how many times you can visit the US, so long as I have enough money and a return ticket.

Thank you for the advice though! It didn't actually occur to me to take along a bank statement, credit card statements to show how much balance I have available to spend, etc. I don't own my own home or rent (live with my mum still due to my circumstances with this - embarrassing! lol) but I have a wonderful boss who leaves my job open to me when I return. She is a Saint!!

I think we will get married when I'm there because it's what we both want and, like you say, I come back and get the Spouse Visa under way. I'm so nervous but excited at the same time. I hope immigration is fine with me doing this again, but I won't stress too much about it. What will be will be, and there's always another fork in the road.

He stays in West Palm Beach. Believe it or not, he doesn't really like Florida! I can see why, but for me it is just mainly the heat. Being Scottish - my natural habitat is wind, rain and cold! LOL.

Anyway, sorry for such a long post! I really appreciate this forum for helping me out. It's been a great help to "talk" to people who are trying to make life easier and it helps take the pressure off.

Take care,

Anna

Prior to 9/11 a Brit marrying a US citizen could marry in the US as a "spur of the moment" type thing. The Brit could then complete the waiting period in the US instead of returning home by changing their status. I don't know if the rules have changed. However there is a place based out of Gary, Indiana (they may also have a location in East Chicago Indiana) called the International Institute, if they are still operating, they can advise you correctly about the immigration laws. They deal with a lot of Hispanic immigration cases as well as other countries, so they know the current laws. I hope this helps.

Hi Anna.

I have now moved to the USA twice for love. The first time in October 2001 I came as a visitor, got married and applied for my change of status while here. Took about 4 months to get my working authorisation.

This time I went through the K-1 took about a year and a half in total and then another 3 months to get working papers.

If you need any help, tips or cheats PM me and I will help if I can