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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 123146
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I am a British citizen and my fiancée is American. I want to

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I am a British citizen and my fiancée is American. I want to emigrate to America but I don’t know the best way to do it. Any help would be appreciated.

Hello! My name is Guillermo Senmartin and I am a licensed attorney with more than 17 years of experience. I am here to assist you with your questions. If I disappear for a few minutes, I have not gone away and I promise I will be back as soon as I can. You see I don't work in a call center, I work in my own legal practice. I'm a real, live lawyer and I assist multiple customers at the same time and something can come up that I need to attend to urgently. I am not ignoring you. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you. I understand you might get a prompt asking if you want to work with another expert, but just ignore it. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Thank you for your understanding.

 

Sorry for the delay. I just ask that if the answer is not good news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

 

To be clear, you are NOT allowed to use an ESTA Visa Waiver if you have immigrant intent, which you do. A B visa is not for this either. If you were to try and they did not let you in, then one of three things could happen:

 

a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.

b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.

c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver.

 

Take a look at this link:


https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

What is happening is that they are cracking down on people that are using ESTAs and visitor visas inappropriately when they have immigrant intent.

 

There are essentially three ways for you to come and none are really fast, unfortunately:

 

1) The K-1 fiance visa takes around 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F is the form that starts the process. After you enter the U.S., then you have to marry and then you have to file the I-485 and you will have to wait about 5 to 7 months and get another interview that you attend with your new spouse so that you can get Residency.

 

2) The K-3 spouse visa takes around 9 months, you must be married. The I-129F and I-130 forms are what start this process. Then after you enter the U.S., you must still file the I-485 and wait for the marriage interview about 5 to 7 months later.

 

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes also around 9 months (making the K-3 almost obsolete). You must be married. The I-130 is the form that starts the process. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.

 

So the K-1 and K-3 might be a little faster but generally more expensive. The CR-1 (and IR-1) be a little slower, but generally cheaper. And no, there is no middle-visa that you can use to enter the U.S. while that process is pending. You will most likely have to wait outside.


Here is a link to those visas:


http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

 


and another link:

 


http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf


I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

 

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely appreciate it. You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top (or the bottom) of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. IF you still do not see the stars, at least leave me a message that says that you are satisfied with my service to you, something like, "THANK YOU!" should suffice. Thank you for your understanding.

 

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