K Visa Marrying a US citizen & continuing to live in the UK

Hi,

I am a UK citizen and have been in a relationship with my US partner since he separated from his wife 2 years and 3 months ago. They are in the process of a very messy divorce soon to be finalised.

I travel to the US to see my partner several times a year (approx 6 times in 2007). We plan to get married and reside in the US however there are several issues that need to be addressed in order that we can do this by the book.

1) I have a 17 year old son, he turns 18 in December 2008.
My son does not wish to move to the US at this time but I am advised that if my partner and I marry before my son turns 18 his option to move to the US is extended to age 21 by way of being a step-child to the US citizen. Is this advice accurate?

2) Assuming the above is correct then we hope to marry before Dec 2008 however I plan to continue to spend an equal (or more) amount of time in the UK until I either my son is ready to move to the US or I feel my son is mature enough to live independantly and remain in the UK. Will I be able to travel freely between the two countries once we are married?

3) My partner has a 3rd degree felony conviction reduced to a misdemeanour in August 2009. He is currently on probation and in full time employment. Will this affect our eligibility to marry and for me to eventually reside primarily in the US?

Given all of the above, how should we best approach this and very roughly how much might we expect this to cost overall in soliticors fees and all other costs?

And finally, is there anything else I haven't thought about that could present itself as a problem regarding the application?

Thank you

I have tried to look into this further myself and my understanding is that after we marry I will be entitled to travel freely between the two as a tourist but might not actually be allowed back in to the US at some point if the Customs Officer believes that I do not intend to return the UK within the given period. Is this correct?

I also understand that if we apply for a fiancee visa I will need to stay in the US for a certain period of time after we marry in order to gain Permanent Resident status. What would happen if apply for a fiancee visa, get married within the 90 days, then I attempt to travel freely between the US and UK? Will I be allowed to be married, travel, yet not even try for Permanent Resident status until a later time while being allowed to return to the US?

Also, I am still unclear regarding my son and extending his eligibility to move over by way of us marrying before he is 18. If only one of my questions can be answered would someone please clarify this?

I have thus far been unsuccessful in my search for a UK based specialist on Immigration to the US. Does anyone have any suggestion on that one?

Thank you

I posted a reply three days ago...............I might have just done that on the wrong place. I would check and repost. Sorry!

Cagney said:

Hi,

I am a UK citizen and have been in a relationship with my US partner since he separated from his wife 2 years and 3 months ago. They are in the process of a very messy divorce soon to be finalised.

I travel to the US to see my partner several times a year (approx 6 times in 2007). We plan to get married and reside in the US however there are several issues that need to be addressed in order that we can do this by the book.

1) I have a 17 year old son, he turns 18 in December 2008.
My son does not wish to move to the US at this time but I am advised that if my partner and I marry before my son turns 18 his option to move to the US is extended to age 21 by way of being a step-child to the US citizen. Is this advice accurate?

2) Assuming the above is correct then we hope to marry before Dec 2008 however I plan to continue to spend an equal (or more) amount of time in the UK until I either my son is ready to move to the US or I feel my son is mature enough to live independantly and remain in the UK. Will I be able to travel freely between the two countries once we are married?

3) My partner has a 3rd degree felony conviction reduced to a misdemeanour in August 2009. He is currently on probation and in full time employment. Will this affect our eligibility to marry and for me to eventually reside primarily in the US?

Given all of the above, how should we best approach this and very roughly how much might we expect this to cost overall in soliticors fees and all other costs?

And finally, is there anything else I haven't thought about that could present itself as a problem regarding the application?

Thank you

Click to expand...

1) I have a 17 year old son; he turns 18 in December 2008.
My son does not wish to move to the US at this time but I am advised that if my partner and I marry before my son turns 18 his option to move to the US is extended to age 21 by way of being a step-child to the US citizen. Is this advice accurate?
-----------You and all your non adult kids qualify to migrate with you……….If they don't want to travel with you now, then you can file for them to get green cards after three years in your marriage when you become a US citizen. They can always use the visa waiver to visit you……………even if you don't file for them.

2) Assuming the above is correct then we hope to marry before Dec 2008 however I plan to continue to spend an equal (or more) amount of time in the UK until I either my son is ready to move to the US or I feel my son is mature enough to live independently and remain in the UK. Will I be able to travel freely between the two countries once we are married?
---------Once you get your Green card you can travel any time. If you marry in the US, you are advised not to travel until your status change has been done. It is against US law to knowingly come here with intent to migrate. They prefer you do a fiancé visa or marriage in the UK………it does not matter though……Your immigration lawyer here would know how to handle it. You would get you green card in less that a year or even seven months if lucky.

3) My partner has a 3rd degree felony conviction reduced to a misdemeanor in August 2009. He is currently on probation and in full time employment. Will this affect our eligibility to marry and for me to eventually reside primarily in the US?
-------------It would not affect your application.

Given the entire above, how should we best approach this and very roughly how much might we expect this to cost overall in solicitors fees and all other costs?

-----------Given he has a criminal record, it is best for you to come marry him here and file for adjustment of status with an immigration lawyer here. The whole process and fees would run about 4000$.

Let me know if you have more questions and sorry for the delay.......I posted you answers in the wrong place.

mafioso said:

1) You and all your non adult kids qualify to migrate with you……….If they don't want to travel with you now, then you can file for them to get green cards after three years in your marriage when you become a US citizen. They can always use the visa waiver to visit you……………even if you don't file for them.

... The whole process and fees would run about 4000$.

Click to expand...

Thank you so much for your reply, I have a few further questions:

1) Up to (and including) what age is considered a non-adult kid, if he is considered non-adult upto and including age 20 then in theory could we get married and him migrate with me at any time up until then?

2) Would he still have to be a non-adult when I file for a green card for him and if so would he still have to be a non-adult kid by the time it comes through?

3) Is it necessary for me to become a US citizen at all ie if I remain a permanent resident indefinately could my husband apply for a green card for my non-adult son as his step-son?

4) I have managed to find a UK based US Immigration attorney and have booked an appointment for a consultation re applying for a fiancee visa. The consultation itself is £300 (approx $600) for 1 and a half hours. I have been advised that if I then choose for this firm to represent our application, if it runs smoothly (criminal status issues not included) it will cost approx £2500 (approx $5000). Given your estimate of cost would it make more sense for us to employ a US based attorney from the start?

Thank you again

I would post your answer Saturday.......keyboard problems......

1)----------See post below for answer on age and kids traveling with you.

2) Would he still have to be a non-adult when I file for a green card for him and if so would he still have to be a non-adult kid by the time it comes through?

---------See post below for answers.

3) Is it necessary for me to become a US citizen at all ie if I remain a permanent resident indefinitely could my husband apply for a green card for my non-adult son as his step-son?

-----------------You don't need to be a citizen to file for your son. But being a citizen makes it very fast. If you are not a citizen, it could take even 5 years or more. For citizens, less than a year. If he is legally adopted, then your husband can file for him.

4) I have managed to find a UK based US Immigration attorney and have booked an appointment for a consultation re applying for a fiancée visa. The consultation itself is £300 (approx $600) for 1 and a half hours. I have been advised that if I then choose for this firm to represent our application, if it runs smoothly (criminal status issues not included) it will cost approx £2500 (approx $5000). Given your estimate of cost would it make more sense for us to employ a US based attorney from the start?

--------I would rather a lawyer files in the US and you simply go to the embassy. It is best and would even save money. I would cost you less that 3000$ here on a lawyer on average. Know some lawyers are very expensive.

Some useful questions and answers.........

Q. Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary?
A. No, eligible dependent children can travel to the United States on a K-2 visa issued within a year of the issuance of the K-1 visa to the principal beneficiary. This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age. Please note, however, that dependent children cannot enter the U.S. on a K-2 visa before the K-1 principal beneficiary enters the U. S. To schedule a visa interview for a dependent child, the principal applicant, the petitioner, or the child's legal guardian must contact the Embassy at least one month prior to the requested interview date. If a dependent child of a fiancée seeks to enter the United States more than one year after the fiancée has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.
Q. Should I include all of my fiancée's children in the K visa petition?
A. USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition. If a child has been omitted on the petition you filed, the Embassy requires a written statement from you that you know about the child and are aware the child is or may be seeking a K-2 visa.
Q. What if my fiancée is pregnant and this is not disclosed on the approved petition?
A. Visa processing can continue in this case if the consular officer obtains a statement indicating awareness of the pregnancy and the desire to proceed with the marriage.

Q. If I decide not to marry my fiancée, can I cancel the petition?
A. Yes, you must make a signed notarized request to the Embassy asking to withdraw the petition. We will suspend processing if we receive a faxed copy of the statement, but we will not close the case until we receive the original in the mail.
Q. If my fiancée entered the U.S. on a K visa, but had to leave before we were married, can my fiancée receive a new K visa?
A. K visas are issued valid for a single entry and with a six-month duration. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. After the 90th day, unless other arrangements have been made with USCIS prior to your fiancée's departure, you will need to start the K visa process again.

US embassy info......

Thank you so much!

Anytime...........