Andy Platt

"Patrick" wrote

    > Heres a suggestion, apply for a K1 (Fiance visa), do so you have it in
    > time for your wedding in the UK, get married in the UK then enter the US
    > on the Fiance visa. You can then AOS straight away as you will be
    > married. I have no idea what the legal issues are do doing this but it
    > seems like a way around the problem.

No, that won't work. You must not be married when *entering* the US on a
K-1.

Andy.

--
I'm not really here - it's just your warped imagination.

Noorah101

Heres a suggestion, apply for a K1 (Fiance visa), do so you have it in time for your wedding in the UK, get married in the UK then enter the US on the Fiance visa.

I don't think that would work...don't you have to be single to be a K1 visa holder? As soon as you get married, you're no longer eligible for a K1 type visa. That's my understanding, anyway :-)
Rene

Elenfair

The K1 visa route (marry in the UK) does not work.

Imagine AOS...

You entered the US with K1 visa. But your marriage certificate states that you were married in the UK. Not only that, but it's dated from BEFORE you entered the US. Baaaaad move. VERY baaaaad move. You'd be royally screwed because your fiance would have entered the US under false pretenses.

That suggestion, to me, is perfectly illegal.

Sorry, kid - welcome to our world - paperwork, and beaurocracy, and paper pushing, and lots of frustration and tears.

You're going to have to go the same route everyone else does:

Either (1):
a) apply for a K1 visa, wait up to 8 months for it all to clear (depending on where the US Citizen lives)
b) marry in the US
c) wait for the Advance Parole papers, which will allow the UK citizen go to back home (travel) and re-enter the US - without it, the foreign fiance can't go back to the US and would have to apply for the K3 visa.
d) have a non-legal ceremony in the UK for the family there

Or (2):
a) get married in the UK
b) apply for a K3 visa
c) wait

Or (3):
a) get married in the UK
b) live in the UK for a little while
c) apply for DCF

Or (4):
a) take option one but have a non-legal ceremony in the UK before your fiance comes to the US to get married.

Your choices are limited. Welcome to the world of the unacceptable. Wanna know what else is unacceptable? One service centre can process our K1 visas in less than a month. But some of us don't live under that centre's jurisdiction. We have to wait 180 days for the same piece of paper.

It's not fair. It's unacceptable.

Welcome to the BCIS, my friend...

As we say in french: Tu dois prendre ton mal en patience - you must take your pain with patience...

Elly

Patrick

it was just an idea, I didn't say it was a good idea!

Elenfair

You know we love you, Patrick

cindyabs

I think you and I said pretty much said the same thing Elly. It's all merde but it is as it is.

Elenfair

Lots of smelly, deep merde indeed.

NC Penguin

Your circumstances are identical to me and my US husband. We were living in the UK and married there.

Almost immediately afterwards, we filed DCF (direct consular filing) for my I-130 (spousal visa) directly with the US Embassy in London.

In fact, we began the DCF process before we married. My then fiance wrote to the US Embassy before our marriage, providing evidence of residency in the UK (absolutely essential to be eligible for DCF for the I-130 in the UK) and asking for the Embassy to send the relevant forms for the I-130.

These were in his possession before we married.

I think I even applied for the UK Police Certificate before I married.

Please search through this particular newsgroup to find relevant postings about the DCF process at the US Embassy in the UK.

From the moment we married, I believe it took only 3-4 months for us to complete the process (i.e. go for interview and get handed the visa packet).




NC Penguin

ScarlettHill

I love the optimism of this. I'm sorry the world isn't like that. I imagine you're going through a fair amount of shock right now at the harsh realities. All I can say is you will get there - it just won't be as quick as you hoped. You'll find this newsgroup a lifeline in the next few months. Welcome to the gang!

Regards
-=-
Scarlett

Mrtravel

ScarlettHill wrote:
    > Originally posted by dave4j
    >
    >>...snip...Our wedding will be in the UK. Immediately after our
    >>honeymoon, we will live in the United States....snip...

    > I love the optimism of this. I'm sorry the world isn't like that. I
    > imagine you're going through a fair amount of shock right now at the
    > harsh realities. All I can say is you will get there - it just won't be
    > as quick as you hoped. You'll find this newsgroup a lifeline in the next
    > few months. Welcome to the gang!
    >

I agree. If it was that easy, this group would have a lot less traffic.
To the OP: Whatever you do, be honest with the Immigration people.

Careybear

[/QUOTE]Your choices are limited. Welcome to the world of the unacceptable. Wanna know what else is unacceptable? One service centre can process our K1 visas in less than a month. But some of us don't live under that centre's jurisdiction. We have to wait 180 days for the same piece of paper.

It's not fair. It's unacceptable.

Welcome to the BCIS, my friend...

As we say in french: Tu dois prendre ton mal en patience - you must take your pain with patience...

Elly [/QUOTE]

Ya know what Elly What's even more unacceptable the same service center (Nebraska) that takes so long now, 2 years ago was doing the same K1 visa within 60 days some even within 30 days. I was researching dave hollis' site. Even during 9/11 they were processing them within that time period...i was shocked and dismayed...how can the same service center get soo slow....are they having that many more petitions?

Carey

dbark

Same is true for the Texas Service Center. It is processing almost 3 weeks behind Nebraska for the I-129F according to Matt Udall's site - Nebraska is processing 12/23 and Texas 12/05

http://members.aol.com/MDUdall/sctimes.htm

- yet, as recently as last August/September, its turnaround was a month also - see Scarlett's timeline!

Yes it is unacceptable, yes, it is painful and yes, we have to live with it

Debbie

dave4j

What if we only plan to live in the US for a year or two max, before moving elsewhere? She does not really 'need' an immigration visa. We would rather smply be married and togeher in the US and forget the immigration visa.

Since British citizens can come to the US without a visa anyway - could she not just come on a tourist visa and then leave the country every six months?

Also, which center approves the fiancee visa the quickest in case we decide to go that route? I have family spread around the country and could establish residency where needed to get the processing done in time.

Just Jenney

The amount of time you're planning on living in the US is irrelevant. What's relevant is the fact that your fiancee is wishing to take up residence in the US. That being the case, she DOES need a visa which allows her to immigrate to the US, as she needs the proper documentation to allow her to reside here as such.

This could be a spousal visa, a work visa, a student visa perhaps. The fiance visa is technically a non-immigrant visa but would allow her to adjust status to become an immigrant. But no matter what, based on what you're telling us, your fiancee DOES need an immigrant visa, even if you do not think it is necessary.

Yeah -- who wouldn't!!!

The key word here is "tourist." By taking up residence in the US, your fiancee is NOT a tourist. That is not what the tourist visa is for. Entering and re-entering using tourist visas for the purpose of residing here is not only fraudulent use of the tourist visa, but it will most probably throw up some red flags. She runs the risk of being turned back at the POE, among other things. I wouldn't chance it.

Where is your permanent residence in the States? We'd need to know that in order to tell you which service center you'll be going through.

~ Jenney

ScarlettHill

For residency you need a visa other than tourist - either a fiance, spousal or work-based. If you can swing the work one - she'd need an employer to sponsor her application - it's the best way to go because it's dual intent and it's quick. Please don't risk fudging the truth re other visas because the long-term consequences could be awful for you as a family. I know you're trying to find a way round the system. Believe me, if there was a legal one we knew other than what we've told you most of the people waiting to move would be moving rather than posting here.
The moment you marry you make her subject to needing a spousal visa unless she gets a business one. Whatever else you apply for, as soon as they see you're married and they know about it - and they will because if you have any sense you won't lie on the forms and risk her being banned altogether - they'll tell you to go get a spousal visa. As someone intending residency she is no longer eligible for the visa waiver, and it's only for 90 days now anyway, I believe (shout, someone, if I got that wrong).
It is no joke (and it's happened to people here who could prove they were even applying for the right visas) to be stopped when you get off the plane and sent back because the POE oficial belives you have immigrant intent. It's devastating. And it does happen. It's amazing how easy it is for a Brit to get into America UNTIL they marry a USC. Sound crazy. It is. But it's also true.
If you can really establish residency, and by that I mean move there as opposed to claim it and get yourself into hot water later on when you have a lot more things to prove, then I believe Vermont Service Center is best - you definitely don't want Texas (ignore my timeline, things have changed drastically since then - for the worse!) or Nebraska right now. Go here to check the latest processing times, bearing in mind they are not guarantees:

http://members.aol.com/MDUdall/sctimes.htm


Best of luck!

Regards
-=-
Scarlett