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file I-130 together??

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jmarris
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Posts: 1
Joined: Sun Mar 02, 2008 10:22 am

file I-130 together??

Post by jmarris » Sun Mar 02, 2008 10:29 am

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!
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yankeegirl
Senior Member
Posts: 697
Joined: Thu Nov 09, 2006 7:52 pm
Location: Northern Ireland

Post by yankeegirl » Sun Mar 02, 2008 12:22 pm

Is it true that if she entered the UK on a fiancee visa she would get stamped with a 2year ltd remain to leave??
No. A UK fiance visa is valid for 6 months. You have to marry within that time period and she cannot work on a fiance visa. The fiance visa is applied for through the British consualte in the US and is £500. Once married in the UK, she can then apply for further leave to remain, which is valid for 2 years and she can work once she has this. It's £395 if you apply br post.

Or, since you are an Irish citizen, she could come on a fiance visa, and then apply for a EEA family member residence card. It is valid for 5 years and the application is free, though it can take up to 6 months to process the application.

After that, if you are wanting to move to the US, you guys can do Direct Consular Filing from the UK once she has lived in the UK for a certain period of time (I *think*it's a year). I'm not sure if the visitor visa time would count. You could check out www.diveintoamerica.com they have a lot of detailed info there.
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