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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 100053
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi there,I am from England and am getting married to an

Customer Question

Hi there,

I am from England and am getting married to an American girl on 1st November 2014 in London. (Not sure whether this is relevant, but on 4th April we will be having a baby girl, who we will look to register as an American born abroad.)

We would ideally like to move to Los Angeles at the end of November. Is this realistic? Are there steps we can take prior to getting married that will mean less waiting after we are married?

Thanks,

Andrew
Submitted: 2 years ago.
Category: US Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

On what basis is your fiancée in the UK?
Customer: replied 2 years ago.

She is a British Citizen, as her mother is British, but she is also an American Citizen as she was born there and her father is American

Expert:  Ely replied 2 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

On this website, I do not always get to give good news, and this is one of these times. Please, remember not to shoot the messenger.

Congratulations on your upcoming nuptials.

We would ideally like to move to Los Angeles at the end of November. Is this realistic? Are there steps we can take prior to getting married that will mean less waiting after we are married?

If you insist in marriage in London, I am afraid not. The wait time for an I-130 petition for an alien spouse is about 4-6 months. One cannot simply come in on a visitor visa if they intent to stay here permanently. As such, one must file for a permanent residency visa based on the marriage using the I-130 form - see here. For a step by step of the procedure, please see here.

Now, once the I-130 is filed, a K3 is also available to allow the alien spouse to wait for adjustment from within the USA. See here. The problem is that it takes about 2-3 months itself to process, so there is really no way to relocate to USA immediately in November. However, using the K3 visa may help to shave a few months off.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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