Spaminette

Hi

As you can see, I am new here. I have a question, possibly one that has been asked before, if so please direct me to the relevant thread?

I am currently engaged to a US citizen located in California. We have a few hurdles to negotiate, not least that my ex spouse doesn't want me to leave the UK taking our son with me, court case in March, anyone who has gone through a similar experience, please contact either PM or through on here.

However, my main question is, is there any difference between applying to live in the US as a fiance as apposed to being married already?

Your experiences on this would be appreciated as I would gladly get married first if this would speed up the process a bit.

I will now continue and check out other threads and hope to hear from you all soon

PS, I also met my fiance online. I was legally seperated at the time, but not divorced. I was finally divorced in March this year and am hoping that I will get to the US soon.

Spaminette

Ok, I found a few slightly relevant threads. The ones I have found are asking the hypothetical question of what happens if you get married on a 'whim' and then decide to stay in the US and apply to be allowed to stay.

Has anyone the experience of going to get married, returning to the UK and applying to live there and is this even an option?

Thanks again

Bluegrass Lass

Hiya Spam, welcome to the group! There are several people in here who have done what you are proposing. It is quite legal for you to travel here, marry your fiance, and then return home to the UK and then apply for the K3 spousal visa.

However, the only tricky part will be when it comes to the Port of Entry. When you are asked by the immigration officer what the purpose of your visit is, and you say "To marry my fiance," that will throw up a huge red flag, and you may not be allowed into the country. There are ways around this of course, the least of which, lying to the officer (which I don't personally think is a good idea). I believe others have gotten past this by presenting tonnes and tonnes of paperwork proving you plan on returning to the UK and apply for the K3. Since I've not gone down that route, I don't know what docs would be the best to bring - I'll leave that for others.

Given that your sweetie is in California, it is pretty much a toss up as to which visa (K1 or K3) would be processed faster. I'm just guessing, but I'd bet on the K3 being faster. He could also fly there to marry you, which wouldn't be as much of an issue. I'm sure lots of others on here can give you lots of advice pertaining to the K3.

Good luck with your decision!
Jamie

Spaminette

Ah, so, if you go intending to get married, you may not get into the country if asked? This hadn't occured to me. Indeed, if they know that I am visiting my fiance, could they still deny my visit?

I have already been over four times, and to be honest I never remember answering the purpose of my visit question, but I suspect I answered visiting a friend or holiday.

If I had infact said, visiting my fiance, would alarm bells have started ringing? I am hoping to visit again in April and certainly don't want to be sent back home on the next plane!

Bluegrass Lass

Well, that's where there's so many inconsistencies, it's downright ridiculous. In our case, my fiance has come to visit me 3 times - twice since we petitioned for our K1. He never had issues entering the country, but others have. He was honest and told them he was here to see me, and they let him on in. He brought a letter from his employer stating when he was expected back, some credit card & loan info as well - he brought this to basically prove he planned on returning to the UK.

So I don't know if we were simply lucky, the POE officer was having a good day, or what, because I have talked to people who have had trouble and been turned back.

Guess it all boils down to how the officer is feeling that day.

Jamie

utopiacowboy

If you are in California there is no toss-up as to which will be faster - an I-129F for a K-1 (California Service Center) or an I-129F for a K-3 (National Benefits Center). We just received approval from the NBC on an I-129F for a K-3 after 71 days. The California Service Center would take at least twice as long - they are only now working on petitions dated June 25, 2003. The K-3 is faster in your situation. Of course DCF (Direct Consular Filing) in London is an even better way to go.

mrs.jar2b

Welcome to the group!

My UK husband and I did what you are considering. He flew over to the US, POE (port of entry ... you're new!) being Chicago, and we got married while he was over for a 2 week visit on the VWP (visa waiver program using passport). When he arrived in Chicago he was nervous about the questions they would ask. On his landing form he had just written the street name as to where he was going to be staying in the US as he didn't remember my house number. The officer gave him a bit of a hard time about that and told him to step aside. Another officer came to talk to him and asked what the problem was. When my husband told him about the address the second officer rolled his eyes and let him right thru! So from our experience I would be sure to write the *exact* address you are going to be staying in the US to avoid that question. I do the same when I go to UK and never have a problem.

They may ask you the purpose of your visit ... to which I would respond with something vague like "holiday or pleasure" or would visiting a friend be a lie? I wouldn't offer the getting married part. But come prepared. If they do somehow wind up asking you about getting married don't lie but show them that you have solid ties to the UK such as proof of having to return to your job on a certain date and the fact that you have a mortgage or a lease. My hubby brought all that paperwork just in case but didn't need it. He even went to the trouble of wearing his wedding ring thru immigration just so they wouldn't get the idea of asking him if he was coming over to get married (or perhaps it was more for luck! )

It's not illegal to get married in the US with the intention of going back to the UK to properly go thru the process of applying for a K3 visa. Lots of us here have done it.

Now that my husband and I have a pending K3 case we aren't taking any chances of having him to come back to the US for a visit ... I'm visiting him in the UK until he actually gets his K3 visa.

Best of luck and keep checking this newsgroup ... it's invaluable for all sorts of info and support!

Good luck!
Jackie

SecretGarden

Hi Spaminette,
My concern is about your son-----what is the custody arrangement between you and your ex? Do you have a joint arrangment (shared) or are you sole custodial parent? If you are not sole custodial parent you will have to have his written permission to take your son out of the country to live. You might consider getting hold of your lawyer NOW and talking about your plans if this is the case.

Good luck!
~SG

Spaminette

Ah, well spotted!

I am sole custodian of my son, but still have to apply for permission to leave the UK. The court case is being held at the end of March. I have to provide all kinds of imformation as to how this is going to effect my son, which is totally understandable. I am not going to go into the rights and wrongs of this as everyone is going to have a different opinion, suffice to say there is no easy solution where children are concerned.

Thanks to the rest of you for the help so far. Personal experiences are so helpful and to know there are others in the same boat is wonderful too.

Is DCF when the fiance come over to England and files from here or something else? I haven't come accross that before, excuse my ignorance on these matters.

Noortje

Isn't DCF when your husband applies for you in England at the American Embassy... so *after* you get married?

Mrraveltay

Spaminette wrote:
>
    >
    > I am sole custodian of my son, but still have to apply for permission to
    > leave the UK.

Yes, this is an important thing to note. Depending on the location,
having sole custody may not be all that is needed to move a child out of
the country.
>
    >
    > Is DCF when the fiance come over to England and files from here or
    > something else? I haven't come accross that before, excuse my ignorance
    > on these matters.

DCF would be where a "spouse" files I-130 at the Embassy and then the
process has a faster ending. However, in order to do this in the UK, the
US citizen MUST live in the UK.

Spaminette

I don't think DCF is an option then, but it's nice to know what is available.

We have been working on the K1 option, but haven't submitted it yet because of the uncertain outcome of the court action. It's a very nerve racking time, I can forsee a few sleepless nights ahead.

Still, having found this site, at least I can put it in perspective seeing that my fiance and I aren't the only ones in this position.

katesuiter1

Hi! I have to agree that I think it depends on how the officer is feeling on the day! When I travelled to see Corey last year, I had no idea about the dangers of being sent back at immigration. I came with no proof whatsoever that I was returning to the UK, and I even went so far as to gush about how excited I was to be finally meeting my (then) boyfriend, whom I'd met on the internet! I think the officer was amused by my wide-eyed innocence and let me through without a second glance!

When I moved here, however, I went through every "random" search you could possibly go through, and my hand luggage was completely disorganized by the time they'd finished! They couldn't really give me any grief about my reason for being there, though, coz I had a brand spanking new K1 in my passport, so my intent was obvious!!!

Kate. xxxxxxx

lpdiver

I agree with SG your son has to be your first consern and you have major issues to resolve there. As for myself, I am divorced and sole custody and have to have a letter of permission to bring my daughter to Colombia. Colombian immigrations won't allow her in country with out natarized letter. The airlines aren't supposed to allow her on the plane without it from the U.S. side either.

SanBernardino

Hi, I have no experience with K-1 or K-3, but I remember reading on this group that K-3 allows multiple entry, whereas K-1 doesn't. Also, is it true you must come on either visa within a certain number of weeks once it is approved? If that is the case and if you are still sorting out relocation issues for your son, you may prefer to have the multiple entry visa...