kmar445

Hi all! I'm having a hard time finding information online about our immigration scenario.

I'm a US citizen marrying my UK citizen boyfriend. The thing is, we are currently living in Cambodia where we intend to remain until he gets his green card - then we'll move to the US, when everything is settled.

Has anyone been through the K1 and then adjustment of status from a third country - not the US or UK? Does the UK citizen have to go back to UK for medicals/interviews/etc or can that be done through our embassies here in Cambodia?

Was it extra confusing or time-consuming compared to doing it from the UK?

Any insight at all would be so valuable - I feel like we must be the only ones trying to do this!

Rete

The K-1 was designed so that the foreign fiancé can come to the US, marry and remain in the US to file for Adjustment of Status. Since this is not what you want to do, you should marry anywhere in the world where the marriage is recognized by the US and then file for his conditional residence visa -1 (CR-1) in the foreign country you are living in. He then will have an approved CR-1 visa in his passport and when he enters the US, he will received the I-551 stamp in his passport which makes him a US conditional permanent resident and the green card will arrive in the mail.

I've not checked if this is possible to do in Cambodia. A little research will sort out where you can file for his visa.

Information found

https://kh.usembassy.gov/visas/immigrant-visas/

kmar445

Thanks Rete. I should clarify that we do plan to marry in the US, in a ceremony with family, so we do need the K1 visa. We'll then permanently relocate after final green card approval.

As far as adjustment of status, I'm aware that there are 2 paths - adjustment of status in the US (via USCIS) or consular processing. Consular processing can be done from outside the US, as far as I've researched.

Keen to hear if anyone's gone through this so I can get a clear picture of the road ahead?

Rete

Since you are not planning on staying in the US for him to adjust status, you don't need or want the K-1 visa. You can come to the US to marry without it. It is legal. It is illegal only to come to the US to marry when you have the full intention to remain in the US to adjust status.

FIFY

Hundreds of our members have done this but none have done it with obtaining the lengthy and expensive K-1 only to leave the US to do Consular filing first. FYI you cannot file for adjustment of status stateside and leave the country to live outside the US while the AOS is pending. Consular filing results in an approved CR-1 visa, not a green card, technicality there, although the end result is a green card stamp in your passport when you enter the US with an approved visa. They don't make things easy to understand, do they.

You can read the wiki for the CR-1 visa and also search the forum for posts regarding Direct Consular Filing, as it is known. There are many doing this right now. In fact, Andyman who posted the same time you did, is one of them.

ian-mstm

Sorry, but it doesn't work that way.

Once the non-USC fiancé gets a K-1 visa, you will then move to the US and get married... and only after you are married in the US will your non-USC husband file to adjust status and get a green card. He won't get a green card at any point prior to the marriage in the US.


Correct - but then he won't be getting a K-1 visa. In order to take advantage of consular processing, you must first be married. If your intent is to get a K-1 visa and marry in the US, then consular processing is not an option for you.

Ian

kmar445

Thanks so much!

I did speak with the embassy here, but got very little clear information. One person was pretty sure they only process applications from Cambodians - they'd never been asked to do a third-country citizen before - and thought my boyfriend would have to go back to UK for interview and all that as it can only be processed through his own country, but another person gave very different information and then said "just apply and see what happens" .... YIKES! So I was really hoping to find first-hand experience.

I guess we'll look into CR1 some more as it sounds the more cost-effective and least time-consuming, but I think I still need to understand if these visas can be processed from a third country.

Thanks!

ian-mstm

Very often, the only way to know for sure is to submit the petition and see what happens. If they accept the petition for processing... great! If they don't, the entire package including the fee will be returned to you.

Worst case scenario - you're out a couple of weeks, but nothing else! If that happens, you can apply elsewhere.

Ian

Rete

Do you and he have legal right to remain/live in Cambodia? If so, it weighs in your favor for the US Consulate/Embassy to process your petition.

As Ian said, the worst case scenario is it is returned to and then you can re-file the petition with the USCIS in the US at the Chicago lockbox address. Eventually it will be forwarded to the US Consulate for adjudication.

Twinkle0927

There is no DCF in Cambodia so you will have to file through the Chicago lockbox.

We got married in the USA and then I returned home and we did the paperwork for an immigrant visa for me. You will be doing the same except the only difference is that you will be returning to Cambodia with your new husband to wait it out with him there. The only role Cambodia plays in the process is that it will be the place where he has his medical and interview. People have their medical and interviews in other countries all the time. In this day and age it's quite normal for people to live and work in other countries. I had mine in the U.K. but I also hold a passport from another country. The U.K. just happened to be where I was at the time. Your situation is not at all unusual.

The process for you will be the same as anyone else. After the marriage you will send the paperwork to Chicago (you can even start this during your US visit for the wedding - as soon as you have the official marriage certificate you can file). Then wait for the I-130 to be approved (currently around 8 months) and then onto the NVC part (currently 2-3 months) then a medical and interview and assuming he passes you're good to go. As soon as his passport is stamped by CBP on arrival he's a permanent resident (aka green card holder) and can work, apply for a driver's license and so on. No adjustment of status needed. No period spent in limbo in the USA waiting for permanent residency. It's the best solution for you.

Noorah101

Or, if possible, they could get married in Cambodia. Or any other country in the world. Doesn't have to be the USA.

Rene

Twinkle0927

Indeed. But the OP stated that they have already decided to get married in the USA so that family members can be there.

Noorah101

Oh yes, that's true.

Rene

S Folinsky

General comment - jurisdiction on immigrant visa (including K-1 which is processed as if it is an immigrant visa) is place of residence, not nationality.

Police clearances Wii be needed from places of past residence.

I saw reference to "DCF." Technically speaking it no longer exists. That said, some embassies have local Department of Homeland Security overseas offices. London is one such embassy, so local processing of the visa petition is allowed. I only mention this because "DCF" is an internet group term and will engender a puzzled look from officials.