[kvoth173]

I have a fiancé and son living in the uk. We have in relationship for 8 years and she has decided to move to usa with me. What is the most quick wayfor them to come to usa? I read where k1 visas take up to 9 months to process but is there a way for them to come sooner?

[DoulaLC]

There is the marriage visa... I-130, but times will vary depending on individual circumstances. The K-1 will vary as well, so it could be considerably less time. The I-130 can be more expensive and doesn't necessarily make it any faster. Obviously, you would need to get married prior. With the K-1, you'll have 90 days to marry when she arrives... an important point to keep in mind!

Check into both options as both have pros and cons, but if there are no unusual circumstances, the K-1 is straight forward and a relatively easy process... just a number of steps to follow, but nothing difficult.

[kvoth173]

If she comes over as a visitor can we apply while they are here on a visit?

[smoothy]

Good luck trying... my experience with my wife was come here as a visitor and you grossly complicate matters if you make any attempt at a status change with a path towards citizenship (I.E. Green card).

I know some will argue its simple and straight forward... but my own experience is its anything but. And my Wife was from Italy... not a third world country.

Took two years for her and even then that was only because I was able to get the right people to intervien to expedite it, or it would have been much, much longer.

Moral of the story... best to go into this knowing what the worst case scenareo might be, and prepared for it... than go in with an unrealistically optomistic one.

If you manage to do this quick and easy (or cheaply)... you will be the first I have ever heard of that did.

[newacct]

Are you a U.S. citizen?

[DoulaLC]

If she comes over as a visitor can we apply while they are here on a visit?

You could start gathering the required documentation and such, start filling in forms, but not continue the process with her in the US. You would also want to be sure she doesn't mention the intent to immigrate when coming to visit.

Again, read through the immigration site. You'll want to make sure that you don't inadvertently do anything that may cause the process to take longer then it might otherwise.

Husband and I found the process straightforward (also involved the UK) we went the K-1 route, but there are a number of steps along the way. Also, don't expect just a couple of months, and it isn't cheap, as smoothly mentioned.

[kvoth173]

I am a u.s. citizen and my fiancé abd 3 year old son are u.k. citizens.

[kvoth173]

Its all so frustrating having to wait so long when family needs to be together

[DoulaLC]

You'll both be pretty busy with planning, gathering information, taking care of details of moving, making trips to consulate, and just the normal day to day activities that it will help with time passing. There will be times that it will seem to drag on, but hopefully it will go smoothly and you'll settle into your new life together in the states before too terribly long.

Just another point to mention... depending on which office your paperwork would be processed can sometimes play a role in how long things take. There are a number of factors that can come into play in regards to the timing.

[kvoth173]

Thanks Doula I'm in the process of getting everything together and moving back to usa myself after being in europe fir awhile. We have decided to get married and I've talkes her into moving to usa with me. Ive got a place to live in Kentucky but the separation is going to be hard but hopefully worth it in the long run :)

[newacct]

Your fiancée should go through either the K-1 or CR-1 route, as others have mentioned. The difference is just the ordering: with K-1, she would do processing for K-1 in her country, come to the U.S. get married, and then apply for green card while in the U.S.; whereas for CR-1, you guys would get married (somewhere), then she does processing for CR-1 in her home country, then she has green card when she enters the U.S.

For your son, if this is your biological son, and if you were a U.S. citizen when he was born, then he was a U.S. citizen from birth, as long as certain conditions are met:
1) before his birth, you had to have been physically present in the U.S. for 5 years, including 2 years after turning 14;
And since he was born out of wedlock to an American father:
2) prior to turning 18, he had to have been legitimated (i.e. parents married), or the father acknowledged the paternity in writing under oath, or paternity established by a court; and
3) you (the father) agree in writing to provide financial support for the child until age 18.

If the child is a U.S. citizen, you should apply for a Consular Report of Birth Abroad for him at the U.S. consulate in Britain, and also apply for a U.S. passport for him.