Immigration Law Questions? Ask an Immigration Lawyer.
I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.
In about 3 to 5 months after filing, he should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later he should get a Residency status (green card).
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What about if we marry, then return to UK how is the process? Wait time? More effective?
1) The K-1 fiance visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and gets another interview that you attend with him so that he can get Residency.
2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., you must still file the I-485 for $1070 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 about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.
So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.
Here is a link to all three:
Will he get in trouble if he overstays his visa waiver while USCIS is reviewing application? deportation? banned from US?
Thanks I will rate this answer so that you can get paid.
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