matth47

Can anyone help. I am British and my fiancee is an american citizen. We are looking into what is the best option for us but it is very confusing. We plan to marry in the States and to live there. Once the k1 is being processed am i allowed to visit him on the visa waiver program and also would i be breaking any law if i went to the States on the visa waiver married him, came back to England for a couple of months and then applied for the k3 visa. Is the k3 an easier option? Any advice would be greatly appreciated.

Noorah101

It is OK to visit the USA while your visa is being processed (whatever visa you apply for). Just bring proof of your ties to the UK in case you are asked at the POE.

It is OK to use the VWP to come to the USA and marry. You must then return to the UK to continue visa processing. The K-3 is a bit outdated now, the better way to go, if you're going to get married first, is the Immigrant Visa directly.

Best Wishes
Rene

Noorah101

The best policy is to stay outside the USA at least as long as you were inside it. If you come to the USA on the VWP and get married, you can actually start the process while you're still in the USA. Then you'll go back to the UK before your VWP time is up, and continue to wait over there for processing of your visa. If you have time, you can try another trip to the USA to visit maybe 3 or 4 months later.

Easier than what? It's not really any easier than a K-1, it's just that the difference is you're already married while waiting. The K-3 is NOT easier than an Immigrant Visa, because with the K-3 there is additional paperwork to be done, and even more additional paperwork and cost once inside the USA to get your green card. If you follow the Immigrant Visa directly, you become a PR as soon as you enter the USA on the Immigrant Visa.

Keep in mind that processing time for ALL of these methods is around 8 to 10 months.

Rene

Bluegrass Lass

There are a few different visa options available:

1) K1 Fiance visa. Your USC files the I-129f at the correct Service center in the US. This gets approved, and then forwarded to the US Consulate in London. You will eventually have a medical done, gather some other important docs and then have an interview at the US Consulate in London. Once the K1 is approved, you have 6months to enter the US on the visa. Once you enter the US, you have 90 days to get married. Once you marry, you then file Adjustment of Status to become a Legal Permanent Resident. In order to legally work in the US you will need to file AOS to get an Employment Authorization Document (EAD).

2) You get married (in whichever country you want) and then your USC spouse files the I-130 in the US in order to start the spousal visa process (CR-1 visa). After the I-130 is approved, you will then follow a similar procedure as the K1, in that you have a medical and a visa interview in London. Upon approval of the CR-1 visa, you again have 6months to enter the US. Once you enter the US, you are considered a Legal Perm. Resident, and eligible to work from day 1.


The K3 is really no longer useful. It was used when the I-130's took years to get approved, now it only takes about 6-8months. If you go for a K3, you will then have to eventually apply for AOS to become a LPR. You will not be be legally able to work without applying for an EAD.

Both processes take equally as long. You can visit the US while either petition is pending approval, but you need to be able to show sufficient ties to the UK. i.e. mortgage, employment. It may be more difficult to visit the US if you are already married versus simply engaged - so you should be prepared to have even more docs showing your ties back to the UK. My now hubby visited me about 2-3 times while the I-129f was pending approval.

matth47

Thankyou all so much for your advice. The main thing i was concerned about was still being able to visit the states whilst waiting for the visa. Again thankyou all.