slugboyy

Hi everyone,

I just wanted to thank everyone for responses to a post I submitted a few weeks ago. After having done some more research into how my UK fiancee and I should proceed, I have a few specific questions that would really help us so here goes.....

My fiancee and I are trying to figure out which is the quickest way that we can get a K visa for her and we understand the pros and cons of a K1 and K3 (we will get married during her next visit so that we can go the K3 route if we decide it's best for us).

For us, the K3 is great because it will give my fiancee the "freedom" to travel back to the UK in case a family emergency arises and we don't have to get the prior approval that the K1 requires.

So here are the questions:

1) If we get a K1 and we get married within the 90 days, does that mean that she will no longer have to get prior approval to leave the country because we will be married and have applied for AOS? Or because we signed on for a K1 does that mean she wil have to get approval until she gets a green card? Also, how long do these approvals take to be granted? Is it more along the lines of making a phone call and getting a "yes" answer or do we have to receive documentation?

2) If it appears that the K3 is the quickest way to get her over here, can we apply for the K3 without being married? I ask this because she will be visiting me in CA in mid April for two weeks and we will get married then so that we can apply for the K3 but it would be a shame that we have to "waste" 1.5 months of application waiting time to wait until then. From what I read, it appears that we do not have to prove our marriage with a marriage certificate until she gets an interview but in the initial application where we describe how we met we would obviously have to indicate the date that we were married if we apply for a K3. For example, would it fly with immigration if I submit our application tomorrow and mention that we got married in April or would it raise eyebrows that I mention a marriage date that is after the postmark date? My guess is that it won't be acceptable but maybe one of you knows something I don't

3) Should we get an immigration lawyer? My fiancee wants to get one but I'm convinced that all they will be able to help us with is the paperwork and that is something that I am comfortable doing. She seems to think that a lawyer will know a "trick" or two but I seriously doubt it. I would rather save the money to put toward visits than pay for someone to fill out papers I'm guessing they would charge in the low thousands of dollars which is quite a few trips to visit each other.

Thanks a bunch in advance for any help you can provide. Now that I'm working (I just finished grad school a few months ago), our daily phone calls have been relegated to weekend ones because of the time zone difference and it is making us both very depressed. Thanks again.

Cheers,
Al

ricardoswife

I am doing the k-3 with my husband. I am the USC and he is from Jamaica. I can't answer all your questions but I will answer a few. First of all you cannot file a k-3 until you are married. You have to file an I-130 (which is the spousal application) first. One of the requirements is that you have to send in a copy of your marriage certificate with the application. If you do not send you marriage certificate with the application you will get an RFE ( request for evidence) which can set you back months.Then you will file the I-I129f ( actually k-3) and that also requires that your send your marriage certificate( if I remember) and i know you have to send in the reciept from the I-130. As far as your question about the k-1, your fiance will still have to apply for advanced parole to leave on the k-1 visa. A k-1 is not a multi entry visa. You have to fill oout some paperwork and yes I believe you recive an AP document. It depends on where you live but i know that it involves more than a phone call! It can take weeks or even months to get. A k-3 is a multi entry visa so it is not necessary to apply for an AP when leaving in and out of the country with the k-3.

As far as an attorney, I would definately not say it is necessary. My husband and I do not have one and everything has gone smoothly. (You can see our chart at the bottom) If you have a cut and dry case it is pretty easy....well I won't say easy but it is very duable. The key for me was to check, double check, and check again. The BCIS is very picky about their paperwork so take your time, ask questions and get some advice from people on sites like this. If you have a basic case(like I do) you will be paying an immigration attorney to do what you can easiy do yourself. I say this especially knowing what country your fiance is coming from. I believe( but I'm not the authority) that the UK is one of the easier countries to go through this process from. If I were you I would use the money that you would use for a lawyer for other more important expeses because this proces is not cheap! I hope that helps!

FlyergirlUK

AP will have to be applied for, (in most cases) along with the AOS.
This is good for one year and multiple entries but must be renewed every year until she gets conditional permanent residency.

Nope, sorry, marriage is a requirement if you are to file for the K3.

Not worth it unless there are some major problems e.g. criminal record or overstay on her behalf.

Folinskyinla

Hi:

Answer #1: A pending adjustment does NOT prevent an applicant from leaving the United States. She will be free to do that at any time she choses. That said, it should be noted that absent possession of "advance parole,", the deparature will be considered an abandonment of the adjustment. And since a K-1 does not have an approved I-130, you will have to start all over again.

Answer #2: By defintion, a K-3 is for a person married to a US citizen.

Answer #3: The choice is entirely up to you. It is not necessarily knowing any "tricks" -- it can often be quite basic knowledge. With all due respect, the results of your research indicates some quite basic errors in your thinking -- a good attorney will help you avoid those error. I find a useful analogy in the tax laws -- most people can do their own tax returns -- but they CHOSE to go to a CPA or at least H&R Block. Bottom line though is that its your CHOICE.

Mtravelkay

FlyergirlUK wrote:
    >3) Should we get
    >
    > an immigration lawyer?
    >
    >>Not worth it unless there are some
    >
    > major problems e.g. criminal record or overstay on her behalf.
    >

I disagree. There are some people that are not comfortable with the
paper work and others that lack the skill to do it.
Based on the subject line, I think the OP is saying they did research.
However, the questions asked indicate problems with ability to research.
Look at all of the information on K-1 and AP that has been posted AND
the OP not knowing whether you can apply for a K-3 without being married..

Like the guy who filed I-129F without having met his fiance and,
apparently, not having a "hardship" or religious/culture reason.
I think he could use a lawyer, since he failed on the basics of the
first step.