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K1 or K3? Dual citizenship issues also :)

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K1 or K3? Dual citizenship issues also :)

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Old Oct 30th 2012, 8:31 am
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Smile K1 or K3? Dual citizenship issues also :)

Hello all

Apologies for the length of the post, I will try and keep issues as brief as I can.

1. I am a British Citizen
2. My boyfriend is a Dual Citizen between UK and USA
3. We were both born in the UK and looking to move to San Francisco.

4. We initially thought the K-1 would be best, as we have known each other for 4 years, been together 3 and are currently living together.

However, since reading more, perhaps the K-3 may be easier.

My questions are, if anyone could help, are as follows:

1. If we get married in the UK, will I still get the same rights even though he is dual citizen?
2. Is the speed of the K-1 true when compared to K-3?
3. Would you advise us to hire someone? It is a very expensive process in itself! Would the American Embassy offer advice?
4. We are very open in either getting married in the UK or USA, it really does not matter, we simply want the least painful route


Please ask away for anything I may have missed out, and thank you all. I have been reading lots of posts and wiki pages here that have already helped immensely.

Mindy
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Old Oct 30th 2012, 8:36 am
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Default Re: K1 or K3? Dual citizenship issues also :)

Or, the CR-1?
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Old Oct 30th 2012, 9:12 am
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Default Re: K1 or K3? Dual citizenship issues also :)

The k3 is basically obsolete now.
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Old Oct 30th 2012, 9:16 am
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Default Re: K1 or K3? Dual citizenship issues also :)

Originally Posted by mindy23
However, since reading more, perhaps the K-3 may be easier.
The K-3 is an outdated visa, and no longer serves the purpose for which it was intended. It no longer brings the immigrant to the USA any faster than an Immigrant Visa. Plus, a K-3 visa cannot be applied for directly in London, as the Immigrant Visa can...so your best way forward is to get married and then apply for an Immigrant Visa (it will be CR-1 category if your marriage is less than 2 years old, IR-1 if more than 2 years old).

1. If we get married in the UK, will I still get the same rights even though he is dual citizen?
I'm not sure what you mean by "rights"?

2. Is the speed of the K-1 true when compared to K-3?
Since K-3 is not really an option, I'll answer based on K-1 vs. Immigrant Visa. They are about the same process time from petition to getting visa. The K-1 is longer if you take into account getting the green card as well.

3. Would you advise us to hire someone?
Only if you have difficulty understanding the process, completing paperwork, following instructions, or if you have any past immigration problems such as an overstay in the USA, or if you have any criminal history.

It is a very expensive process in itself!
This is not really a question, but if you budget around $2,500 for the whole thing, you'll probably be OK.

Would the American Embassy offer advice?
They might, but you cannot rely on it. Their advice could be incorrect, and then you'd end up paying the price for it if things go wrong.

4. We are very open in either getting married in the UK or USA, it really does not matter, we simply want the least painful route
If you want to do the K-1 visa, you MUST get married in the USA, within 90 days of your entry on the K-1 visa.

If you do the Immigrant Visa, you can get married in either country, it makes no difference.

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Old Oct 30th 2012, 9:16 am
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Default Re: K1 or K3? Dual citizenship issues also :)

Originally Posted by mindy23
Or, the CR-1?
Yes, this one. CR-1 Immigrant Visa (if your marriage is less than 2 years old).

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Old Oct 30th 2012, 9:20 am
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Default Re: K1 or K3? Dual citizenship issues also :)

Originally Posted by mindy23
If we get married in the UK, will I still get the same rights even though he is dual citizen?
Same rights as who? You won't have any rights in the US at this point in time, but you get to keep whatever UK rights you have!


Is the speed of the K-1 true when compared to K-3?
The K-3 is obsolete... you've been researching very old information. If you're both in the UK, just get married and then start the process for a CR-1 visa.


Would you advise us to hire someone?
Unless you have any prior US immigration issues, or criminal issues, no.


Would the American Embassy offer advice?
No. You never want to contact the US Embassy or Consulate for help. They are not there to help you.


We are very open in either getting married in the UK or USA, it really does not matter, we simply want the least painful route
In that case, get married in the UK and start the process for a CR-1 visa. Since your b/f is currently in the UK, the I-130 form can be filed directly to London. From the time you apply until you get the visa in your passport, it'll take about 8 months.

The only issue you might run into is one of financial support. Download and read the I-864 and the I-864 instructions (two different forms). Read first... then ask why I think it might be an issue. Do the research first... then ask!

Ian
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Old Oct 30th 2012, 9:49 am
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Default Re: K1 or K3? Dual citizenship issues also :)

Mindy, this is the Wiki Guide for the route you'll be taking, if you marry in the UK and file the I-130 to London.

http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

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