USA & Pakistan

Good luck to both of you. It would be helpful if you would let us know what the attorney says and also how things turn out.

Marnee

Tracym

Yes, good luck indeed.

I'll wave good luck in a northern direction (I'm just south of Wisconsin).

Tommylee

After speaking with an attorney they recommended that we take the k3 route.

Now my understanding having read somewhere...

IF we were to get married over in the U.S and file our papers, according to something i read, i would be able to apply to stay there whilst it's being filed?


IV. Duration of Stay

You can remain in the U.S. while you wait for the approval of the Form I-130 and are able to apply for lawful permanent residence status (adjustment of status), or for a green card, instead of having to wait outside the U.S. as the law previously required.

Tracym

Nope, that is not true - quite illegal, search the forum for 10 foot pole.

If you have entered the US (presumably using the visa waiver program), and suddenly decide to get married with no prior plan to do so, then you can stay and adjust status.

If however, you have entered the US intending to marry on the VWP, that is illegal.

I am very confused as to why an attorney would recommend the K3 - it is rarely used these days, and is generally not the best route to take.

By using the K3, you have to go through the whole bit of getting the visa (6-8 months perhaps) and you enter the us and are not a permanent resident - you then have the whle expense and wait another 6 months or a year (usually) to become a permanent resident.

Usually people choose to just get a spousal immigrant visa, and become a permanent resident from day 1.

Noorah101

Hmmm. Sounds like this particular attorney isn't up to speed on the latest at USCIS. The K-3 is no longer the best way to immigrate. If you're going to do a spouse visa, just stick with the Immigrant Visa directly.

No, your understanding is wrong. You cannot enter the USA on the VWP or visitor's visa, with the intent to remain and adjust status. That's misuse and abuse of the VWP and visitor's visa, and is illegal.

Rene

Tracym

Why does he have a ban?

Am I forgetting something, or are you confusing him with the other poster?

Noorah101

My bad. I got confused with the other guy who has the 3 or 10 year ban to deal with.

Tracym

Thought so

On the other matter, I quite agree with you. Any attorney suggested a K-3 to me, I'd be looking for a different attorney. Unless there was a HECK of a good reason.

For the OP - whether or not to try as a fiance or a spouse... I'm not sure. I was once told London smiles more on a K-1, because then you're not assuming too much.

Although, my personal preference would be to have permanent residency from day 1.

Question for the OP though - what if you get married, and apply to come over as a spouse - and they turn you down? What then?

It is something to consider. If you're turned down as a fiance, emotionally it might be as hard, but you wouldn't already be married...

Tommylee

Here's something iv'e read:

We don't want to be apart for so long. What can we do to avoid this?

Sometimes in order to avoid a lengthy separation, the couple returns to the U.S. immediately after the marriage (using a visitor visa) and proceeds to file the necessary applications once they are both in the U.S. Often the USCIS does not like this, and it is not uncommon for the USCIS to stop the foreign-born spouse at the Port of Entry and exclude him or her from the U.S. as an intending immigrant. However, if the foreign-born spouse manages to enter the US, USCIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S. You should instead apply for the K-3 visa in order to work and live legally in the US, while waiting your permanent residence.

I believe the attorney recommended the k3 or spouse visa INCASE they may have a problem with age depending on who's looking at it..but from what i understand that is they dont really take age into too much consideration, and it's always down to the individual situation. But as to my understanding it's not a HUGE issue. As long as it's legit and legally able to marry.

Tracym

You can't (legally) avoid being apart so long. None of us wanted to be apart for so long. All of us who followed the law were. You will have a hard time getting sympathy on that one on this board. My husband and I (for various reasons) were apart for four years for example.

What you are reading describes how some manage to break the law. If he returns to this thread, the boards resident attorney may mention the horror stories that can result when they are caught.

Not always true, that they will not deny the application. They can. And I think it could be considered fraud, and you could perhaps even be banned from the US.

Lots get away with it. But you're risking you're whole life together imo.

And as you are such an unusual couple, you'd probably be looked at more closely than many.

btw... apparently the consulate reads this message board. Where you have now publicly announced your intentions.

To try this - you'd better feel very lucky.

Tommylee

No it's fine ...i just wanted to see what everyone's thoughts were on it thats all

but yep i will consult another immigration attorney...at the moment the intentions are simply to follow the law and go with what's best.

edit:

No one wants a 10 foot pole up there bee-hinds!!! =)

Noorah101

Tommy,

Just to give you a little history on the K-3, so you can see why it USED to be a good visa to bring you here sooner: Several years ago, it was taking YEARS for the I-130 to be approved. So in order to keep married couples from being apart so long, they invented the K-3 visa, which could be approved in UNDER a year. The spouse could come on the K-3 and continue waiting for the I-130 approval within the USA. At that point, when the I-130 was approved, the K-3 entrant had a choice...either go back to the home country and apply for the immigrant visa, or go ahead and adjust status within the USA.

That has ALL changed within the past couple of years. The I-130's have sped up processing so now they are approved in UNDER one year, making the K-3 useless, as the K-3 itself takes that long to process.

So if you are thinking of doing the spousal route, just stick with the I-130 route towards your immigrant visa, which takes under a year to process, and never mind the K-3, which takes the same amount of time but needs further work inside the USA to adjust your status. With the Immigrant Visa, you become a PR upon entry...FAR better way to go.

Rene

Tracym

Good for you!

Please make sure you get an experienced immigration attorney, who specializes in this sort of thing. Someone a bit familiar with London uscis folks would be good too.

I'm not sure if I think the best route for you is a fiance or spousal visa.

Convenience - it's better to come in as the spouse, permanent resident.
Most likely to be approved - I don't know.
What if? - what if you weren't approved... and were already married... something to think about

Noorah101

From what I've seen on this forum, many attorneys are still recommending the K-3 to their clients. See early posts by jeffmitch for one story in particular.

If you get an attorney who wants to do a K-3, just ask them why he thinks that's better than the Immigrant Visa (CR-1). If he says because the K-3 is faster, then you might want to question how many marriage-based visas he is currently doing...his experience might be outdated. The K-3 *might* be a tad faster...maybe a month or two...but it's not worth all the hassle of adjusting status once inside the USA. Much better to simply wait an extra month and come in as a PR.

Rene

USA & Pakistan

My two cents is that, if I were in your situation, because you are not married and already back home, I would do a k-1. Use the proof that you two already have that you have met in person and your fiancee can file the I-129f, etc, and then once that is approved, you can come to the U.S. for a nice wedding and adjust status with your wife and the baby sitting next to you at the interview.

Second choice, would be the I-130 to come over with a green card, but that would mean finding a way to get married first. Forget the k-3... no point in going thru the headache and expense of adjusting status if you dont have to.

Marnee