K1 vs K3 options

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Old Oct 29th 2004, 5:21 pm
  #1  
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Default K1 vs K3 options

Others who have read my post about being refused entry to UK may be aware of some of these facts so please bear with me...

We are unable to file anything until my divorce in the UK is through.
I'm currently stuck in UK (Northern Ireland) and my fiancee is is Florida. We've spoken to an immigration lawyer a few nights ago in Tallahassee where my fiancee is based, and she said that in her experience K3's were moving faster than K1s...

however in all our research online the last few days the opposite seems true!

can anyone give us some rough guidelines or personal experiences of their own, which may guide us on making a final decision on what visa to go through...

me: living in Northern Ireland (part of Britain and UK), but also hold an Irish passport, so perhaps could go thru Dublin if this is quicker, rather than Belfast / London? (the attorney wasn't sure if Belfast or London dealt with me since I'm IN Belfast)

fiancee: US citizen living in Tallahassee - I think Florida applications go thru Texas, and our local district office is Jacksonville...

any help greatly appreciated...
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Old Oct 31st 2004, 6:48 am
  #2  
Ingo Pakleppa - see web site for email
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Default Re: K1 vs K3 options

On Fri, 29 Oct 2004 16:21:51 +0000, atothel wrote:


    > Others who have read my post about being refused entry to UK may be
    > aware of some of these facts so please bear with me...
    >
    > We are unable to file anything until my divorce in the UK is through.
    > I'm currently stuck in UK (Northern Ireland) and my fiancee is is
    > Florida. We've spoken to an immigration lawyer a few nights ago in
    > Tallahassee where my fiancee is based, and she said that in her
    > experience K3's were moving faster than K1s...
    >
    > however in all our research online the last few days the opposite seems
    > true!

I wouldn't really want to predict anything either way. Processing times
are way too volatile.

    > can anyone give us some rough guidelines or personal experiences of
    > their own, which may guide us on making a final decision on what visa to
    > go through...

Personally, my preference would be the K-1, but that's really more a gut
feeling. One advantage of the K-1 is that you'd be able to file the I-485
right after getting married. With the K-3, I believe you'd have to wait
for the I-130 to be approved.

You may have yet another option: as far as I recall, London accepts Direct
Consular Filing of I-130 (I could be mistaken about it, so double-check
it, please), which can be tremendously faster than both K-1 and K-3. Your
fiancee would have to go to London to get married, though.

    > me: living in Northern Ireland (part of Britain and UK), but also hold
    > an Irish passport, so perhaps could go thru Dublin if this is
    > quicker, rather than Belfast / London? (the attorney wasn't sure if
    > Belfast or London dealt with me since I'm IN Belfast)

I doubt that it makes much difference. Since you also hold an Irish
passport, you can definitely use Dublin. It may simply be a matter of
convenience - if it is easier to travel to Dublin than to London, choose
Dublin. I don't think Belfast issues immigrant or K visas.

    > fiancee: US citizen living in Tallahassee - I think Florida applications
    > go thru Texas, and our local district office is Jacksonville...

If memory serves me right, the K petitions are all processed in Missouri.

--
Remember, I am strictly a layperson without any legal training. I encourage
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Please support H.R. 539, H.R. 832 and S. 1510. More information at
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Please visit my new FAQ at http://www.kkeane.com (always under construction)

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Please feel free to enjoy some of my photographs at my Web site
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Old Nov 2nd 2004, 3:56 am
  #3  
Dan
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Default Re: K1 vs K3 options

    > You may have yet another option: as far as I recall, London accepts Direct
    > Consular Filing of I-130 (I could be mistaken about it, so double-check
    > it, please)

Only if the USC lives in the UK.

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news:[email protected]
    > On Fri, 29 Oct 2004 16:21:51 +0000, atothel wrote:
    > > Others who have read my post about being refused entry to UK may be
    > > aware of some of these facts so please bear with me...
    > >
    > > We are unable to file anything until my divorce in the UK is through.
    > > I'm currently stuck in UK (Northern Ireland) and my fiancee is is
    > > Florida. We've spoken to an immigration lawyer a few nights ago in
    > > Tallahassee where my fiancee is based, and she said that in her
    > > experience K3's were moving faster than K1s...
    > >
    > > however in all our research online the last few days the opposite seems
    > > true!
    > I wouldn't really want to predict anything either way. Processing times
    > are way too volatile.
    > > can anyone give us some rough guidelines or personal experiences of
    > > their own, which may guide us on making a final decision on what visa to
    > > go through...
    > Personally, my preference would be the K-1, but that's really more a gut
    > feeling. One advantage of the K-1 is that you'd be able to file the I-485
    > right after getting married. With the K-3, I believe you'd have to wait
    > for the I-130 to be approved.
    > You may have yet another option: as far as I recall, London accepts Direct
    > Consular Filing of I-130 (I could be mistaken about it, so double-check
    > it, please), which can be tremendously faster than both K-1 and K-3. Your
    > fiancee would have to go to London to get married, though.
    > > me: living in Northern Ireland (part of Britain and UK), but also hold
    > > an Irish passport, so perhaps could go thru Dublin if this is
    > > quicker, rather than Belfast / London? (the attorney wasn't sure if
    > > Belfast or London dealt with me since I'm IN Belfast)
    > I doubt that it makes much difference. Since you also hold an Irish
    > passport, you can definitely use Dublin. It may simply be a matter of
    > convenience - if it is easier to travel to Dublin than to London, choose
    > Dublin. I don't think Belfast issues immigrant or K visas.
    > > fiancee: US citizen living in Tallahassee - I think Florida applications
    > > go thru Texas, and our local district office is Jacksonville...
    > If memory serves me right, the K petitions are all processed in Missouri.
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Nov 2nd 2004, 7:27 pm
  #4  
 
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Default Re: K1 vs K3 options

[QUOTE=Ingo Pakleppa: One advantage of the K-1 is that you'd be able to file the I-485 right after getting married. With the K-3, I believe you'd have to wait for the I-130 to be approved."

Hi Ingo,
FYI, K3s have 2 options: either AOS after entry (IF the local office will let them file w/out an approved I-130, not all do) -OR- wait for the I-130 (and enjoy multiple entry privledges) and return to the home country for IV processing. K3s may also apply for EAD without AOS if they plan on waiting for Consular Processing.

"You may have yet another option: as far as I recall, London accepts Direct
Consular Filing of I-130 (I could be mistaken about it, so double-check
it, please), which can be tremendously faster than both K-1 and K-3. Your
fiancee would have to go to London to get married, though."

The USC must have status other than 'tourist' to file I-130 in London. Certain Service Centers are now processing I-130 so quickly that the DCF benefit may be lost if the USC lives in their district.
Marrying in the UK and converting the USC to residency status is considered time-consuming and often problematic. Marrying in the US, getting a UK Settlement Visa and executing DCF is possible, tho not for this poster since he's not allowed back in the US at the moment.

"Since you also hold an Irish passport, you can definitely use Dublin. It may simply be a matter of convenience - if it is easier to travel to Dublin than to London, choose Dublin. I don't think Belfast issues immigrant or K visas."

Except his residence is in Belfast, which would direct him to London. Dublin is quite strict about the beneficiary's residence (don't know if a pp would suffice, as it does for other posts). Aside: Dublin is also stricter than London about USC residency for DCF pruposes.

"If memory serves me right, the K petitions are all processed in Missouri./QUOTE]"

Only the I-129f for spouse (K3). Fiance Visas still go to the Big 4 Service Centers based on the residency of the USC.
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