K1 timeline
Apr 20th 2009, 4:22 am
#16
Joined: Apr 2002
Posts: 35,082
Re: K1 timeline
Ok I see what you mean, sorry I suppose I was asking if we could file to the embassy in London, but looking at other posts I understand that my US, then husband would have to be residing here to do that. If that is true and possible, my next question then is..is there a specific period of time he would have to be living here in the UK ? as he is a dual citizen that wouldn't be a problem, and would it make any difference, if indeed we had a choice, if I married him as a US or a British citizen, is there a distinction..? would it be easier and more straightforward one way or another.?I'd be very interested to see if this subject has been raised before anywhere. Thanks again all
What we have seen from London has been little batches of cases where I-130 is not accepted because the petitioner is not 'genuinely resident' in the UK. Now, what they will do in *your* case is impossible to know until you do it.
I do think the best way to make your plans is based mostly on what you two really want to do. If you want to be married now, and you want the US citizen to live in the UK for a while, do it. When the time is right, send the I-130 to London and if they don't accept it, send it off to the US.
None of the above will work if you're very controlled about when each person wants to move.
Also, if he can't leave his US employment.
His citizenship is not a factor in when or where you marry other than if you decide to marry in the UK, he can just go there and do that.. US citizens need a special visa to do so.
Apr 20th 2009, 9:19 pm
#17
Forum Regular
Thread Starter
Joined: Feb 2009
Location: texas
Posts: 183
Re: K1 timeline
The generic requirement is that the USC be resident abroad for 6+ months on a visa that is not temporary (tourist or student). However, each Consulate or USCIS Field Office can set their own specifics (India is more flexible, London less so, for ex).
What we have seen from London has been little batches of cases where I-130 is not accepted because the petitioner is not 'genuinely resident' in the UK. Now, what they will do in *your* case is impossible to know until you do it.
I do think the best way to make your plans is based mostly on what you two really want to do. If you want to be married now, and you want the US citizen to live in the UK for a while, do it. When the time is right, send the I-130 to London and if they don't accept it, send it off to the US.
None of the above will work if you're very controlled about when each person wants to move.
Also, if he can't leave his US employment.
His citizenship is not a factor in when or where you marry other than if you decide to marry in the UK, he can just go there and do that.. US citizens need a special visa to do so.
What we have seen from London has been little batches of cases where I-130 is not accepted because the petitioner is not 'genuinely resident' in the UK. Now, what they will do in *your* case is impossible to know until you do it.
I do think the best way to make your plans is based mostly on what you two really want to do. If you want to be married now, and you want the US citizen to live in the UK for a while, do it. When the time is right, send the I-130 to London and if they don't accept it, send it off to the US.
None of the above will work if you're very controlled about when each person wants to move.
Also, if he can't leave his US employment.
His citizenship is not a factor in when or where you marry other than if you decide to marry in the UK, he can just go there and do that.. US citizens need a special visa to do so.
We think, based on all the info gathered from this wonderful site, that the Spouse visa will be the thing for us, thats getting wed in the UK, filing from here immediately to the London Embassy and moving to the States ASAP to begin our new life together. We just hope that his dual citizenship will absolve him from having to reside here for any minimum time and he can go back to work in the US while we wait. Once again thanks to everyone who contributed to our peace of mind and has made what, at first, seemed to be incredibly difficult, highly probable.
Last edited by Mint Julep; Apr 20th 2009 at 9:20 pm. Reason: bad punctuation
Apr 21st 2009, 3:35 am
#18
Joined: Apr 2002
Posts: 35,082
Re: K1 timeline
His British nationality will NOT absolve him of a residency requirement to file in London.
That is why evidence of his residency is required (unlike other Consulates).
Good luck with that, but have the info on filing in the US to hand.
That is why evidence of his residency is required (unlike other Consulates).
Good luck with that, but have the info on filing in the US to hand.
Apr 21st 2009, 5:14 am
#19
Member
Joined: Apr 2001
Posts: 14,049
Re: K1 timeline
MJ,
I agree with m. As far as the US government is concerned he is a US citizen, same as any other, not a British citizen.
Regards, JEff
I agree with m. As far as the US government is concerned he is a US citizen, same as any other, not a British citizen.
Regards, JEff
Apr 21st 2009, 10:55 pm
#20
Forum Regular
Thread Starter
Joined: Feb 2009
Location: texas
Posts: 183
Well, It did seem a bit too good to be true anyway. back to the drawing board. thanks again folks.
