here is a challenge...
 

Help and ideas would be much appreciated for my situation:

I am German, working and living in London.

My Fiancee, living in Miami/Florida, and I plan to get married next
year in August in Germany.

I would like to move to Miami already in May next year, three months
before we get married.

Any ideas how I would be able to do this?

For example where to apply for visa: Frankfurt or London?

Would it be smart to apply for a K1 Fiance Visa, move to US in May and
get married two months later in US (say July) and have the ceremony at
church in August in Germany?

If we get married in Germany, do I need to apply for K3 Visa?

I think we need to start applying for any Visa K1/K3 the latest in
January next year. Can I still travel to the US after the process
started?

Any ideas would be much appreciated. Thanks, Toby

Re: here is a challenge...
 

Hi Toby,

About the only one I can answer is the above quoted scenario. That won't work for you, because if you come in on a K1 and get married in July, there is no way you'll have permission to travel back to Germany by August.

Best Wishes,
Rene

Re: here is a challenge...
 

Unless you get some sort of work visa between now and then, you can't "move" to the US. You can, however, visit.


When you file for adjustment of status, you can also apply for advance parole which will allow you to leave the US and re-enter without jeapordizing your adjustment. As Rene indicated, if you get married in July, you will likely not have advance parole by August.

Ian

Re: here is a challenge...
 

    > Unless you get some sort of work visa between now and then, you can't
    > "move" to the US. You can, however, visit.
    >
    >
    >
    > When you file for adjustment of status, you can also apply for advance
    > parole which will allow you to leave the US and re-enter without
    > jeapordizing your adjustment. As Rene indicated, if you get married in
    > July, you will likely not have advance parole by August.
    >
    > Ian

Thanks so much Ian and Rene.

Would it be possible to apply for the K3 Visa (say, starting to apply
in January next year) and try to arrange the interview right after the
wedding in August? Is this unrealistic? Is it possible to apply for K3
before getting married? Thanks, Toby

Re: here is a challenge...
 

Toby, I didn't answer before because I can't think of even one way to make your plan work. You may want to rethink your priorities and decide which ones are least negotiable.
A study of this chart: http://www.visajourney.com/forums/index.php?pg=compare might help you understand the different processes involved, but essentially, until you are married, you can't do squat.
If you go the fiance route, you must stay in the US for about 6-9 months without travel permission (yes, there are exceptions, but they are not predictable).

The only slim possibility would be you visit (not move) in the spring, both go to Germany, marry and file I-130 in Germany (DCF/direct consular filing) BUT, I'm fairly sure that the Consulates in Germany require some type of residence from the USC. It is something worth looking into, however.

Re: here is a challenge...
 

Hi Toby,

Nope, you cannot apply for a K3 visa as an unmarried person. That would be a K1 fiance visa. You can only apply for the K3 visa after you get married, and your USC spouse files the I-130 AND the I-129F petitions here in the states. Sorry....

Best Wishes,
Rene

Re: here is a challenge...
 

If you are not yet married, and plan to marry in the US, you'd apply for the K-1 (fiance visa).

As for the K-3, you can't apply for a spousal visa until you are a spouse. :)

Re: here is a challenge...
 

Hi Toby,

I was just curious what the ceremony in Germany would be? For family and friends to attend? Because you gave 2 different scenarios...one marrying in Germany at this ceremony in August, and another scenario marrying in Florida in July. If the ceremony in August is really just a "party", then you can come to Florida, get married in Florida, and fly back together for the ceremony/party in Germany, then your wife will come back to the states. Your wife can file the I-130 and I-129F for your K-3 visa either before or after Germany, depending on how much time you have before you go back to Germany. Or, as Meauxna pointed out, try doing DCF in Germany, but as she said you might have residency problems with your wife.

If the ceremony in Germany is very very important to you, then the above K-3 scenario seems to work the best, doesn't it? You get to come to the states and marry your fiance, go back together to have the ceremony, and then apply for the visa. The downfall is that you will be separated after marriage while you wait for visa processing.

If the ceremony in Germany is not very important to you, you can go the K-1 route which will allow you to stay in the states after your arrival...but you won't be able to go back to Germany in time for that ceremony.

You have some decisions to make. :)

Rene

Re: here is a challenge...
 

Nope... won't work. As others have noted, you must be already married to apply for a K3. Good luck, though.

Ian

Re: here is a challenge...
 

If he is working in UK, could he not DCF after getting married? Seems it might be the fastest route?
Just a thought :)
Patrick

Re: here is a challenge...
 

Would his wife have to be a resident there?

Rene

Re: here is a challenge...
 

Sounds like he prefers to get married in Germany...but DCF in London might be an option, too...

Rene

Re: here is a challenge...
 

Yes, but MAYBE she could move and establish that, not sure what the time period required by UK, some of the European countries have pretty short residency requirements.
Realistically I think the idea of travelling back to Germany so soon after the the marriage should be delayed and so enter on a K-1, get married, apply for AP and once that is issued, travel back for the German service.
Patrick

Re: here is a challenge...
 

Good thought but that is keyed to how quickly Miami does AP. Could still,as Meauxana says, be a good long wait before being able to go back to Germany.

Re: here is a challenge...
 

That's why I thought if the one in Germany is more just for a celebratory gathering of family and friends...they can plan that once he has his AP in hand. Why the rush to have it in August? :)

Rene