hunsley76

I'm a UKC and my fiance is a USC. We plan to marry in early 2010 when I come over on a tourist visa. The plan was for me to return to the UK, to tie up loose ends, sell car, re home cat, and say goodbye to friends and family. I have a son, so will be taking him with me.

Now, my question is:

If we married on a tourist visa, and he submits relevant forms etc, am I able to return to the US and wait for the K3 visa approval?

Thanks for any help....!

Noorah101

Hi hunsley, Welcome to BE.

Actually, instead of the K-3, you should look into the Immigrant Visa. The K-3 is pretty much an obsolete visa now, as it is no quicker than the Immigrant Visa.

I think you are asking if you can visit the USA while your paperwork for the visa is processing, right? Yes, you can visit the USA using the VWP while your visa paperwork processes. But you can only stay as long as the VWP allows.

Definitely look at the CR-1 Immigrant Visa rather than the K-3, though. Do lots of research.

Best Wishes,
Rene

Noorah101

Are you really coming on a tourist visa? Or the VWP?

Rene

meauxna

And can you tell us your reasons for doing this as a married couple vs engaged?

hunsley76

He wants me out there ASAP.

He has suggested getting married on a tourist visa...or whatever it is and then applying for what I need whilst remaining in the US. I wasn't too entralled by this and wanted to follow the proper route.

A fiancee visa seems to take months and months and months. After we get married, I need to return to the UK. I need to give notice on my house, sell my car, say goodbye. He wants to get married as we've read that those applying for a K1 visa are made to wait as US immigration hope there relationship won't stand the strain and break up! Not like that would happen to us, but he is hoping the process might be quicker if we were married.

To be honest, I have no idea which is the best route to take. I really need some help!

Elvira

Do you have the father's permission to remove your son from the UK?

meauxna

OK, no offense to your FI, but that is all a bunch of poppycock about the fiance visas. They are faster by far than what you are suggesting.

A fiance visa (K-1) through London takes 5-7 months and you can start today.
Getting married will take its own amount of time, and then the married person's visa takes even longer to get you TO the US than the K-1.

Maybe do a bit of reading here and see if your opinions change.
The K-3 is definitely NOT faster than anything.

Noorah101

The K-1 fiance visa takes about 5 - 7 months, and can be started NOW (assuming you and your fiance have met in person within the past 2 years). If he wants you in the USA ASAP, the K-1 is the way to go. If you start now, then around 7 months from now will be the fastest you can be in the USA. If you start the K-1 process now, you could be in the USA by March 2010.

If you wait to get married and then go the CR-1 Immigrant Visa method, you first have to wait until you get married (you mentioned early 2010), so the whole process can't even start until after you get married. After you marry, the Immigrant Visa takes about 8 - 10 months to process, which means you won't be here until late 2010. Let's say you get married in January 2010. You would be in the USA around November 2010 going this route.

And as meauxna said, the K-3 is not the quickest of any of them anymore. Ignore the K-3 and concentrate on the K-1 or Immigrant Visa. K-1 if you want to arrive in the USA the fastest.

Kudos to you for not following his plan of "enter as a tourist and adjust status". At least you know that is NOT the correct path to follow.

Rene

hunsley76

I want to follow the proper route. I don't want to risk being kicked out for any reason. Its unbearable being apart. Only so much IM and phone calls can do.

My son's father has no parental responsibilty as we weren't married so I don't need his permission to take my son out of the country. My son will be coming back to the UK at least once a year to see his family.

So...I'm not allowed to book a 2 week trip to the US and get married???

If we started the fiancee visa process now, my son and I could be over there within 6 months? Am I allowed to travel to the US to see my fiancee during this time??

hunsley76

If we went the immigrant visa route, am I not allowed to wait for this whilst living in the USA?

Do I have to stay in the UK, and only travel on a tourist visa??

I'm not trying to cheat the system...I'm trying to figure out how the system works!

Noorah101

Yes, you are allowed to do this. Just realize that after marriage you'll be doing the Immigrant Visa, which takes about 8 - 10 months to process.

Six to eight months, yes.

Yes, you are allowed to visit the USA during the process.

Rene

Noorah101

Well, you can't wait in the USA until the whole thing is done, no. But you can visit the USA during the process.

Yes, you would still be living in the UK, and you would be visiting the USA on either the VWP or a tourist visa, whichever you have. You keep saying tourist visa. Are you not allowed to use the VWP for some reason?

Either way you go, whether the K-1 or the Immigrant Visa, you are allowed to visit the USA while the visa process is going on.

If your concern is to get to the USA the quickest method possible, that would be the K-1 fiance visa.

Rene

PepsiChic

Im not sure the OP knows what the tourist visa or VWP are.

So a quick explanation (correct/add if i get this wrong):

The VWP (Visa Wavier Program) allows you to stay in the US for upto 90 days. You can marry on the VWP but your not allowed to go to the US on the VWP with the intent to stay there. So if your going to go for the CR-1 (?) Visa as a spouse, you would fly over on the VWP, get married, and return to the UK to do the visa process which is 8-10 months.

As previously pointed out, if you plan to marry early 2010, dont expect to get to the US till November 2010. As the process starts *after* your married.

If you go for K1 your fiancee in the US will do the petition for the visa application (form I-129F) once this is approved you will apply for the K1 visa and attend a medical and interview in London. If the visa is approved you fly to the US on the visa and marry. You then apply for your greencard after your married. *you dont have to come back - you stay in the US* If you started the process now, you could fly over there by march 2010 for the marriage. you can visit on the VWP while the process is going on - do not over stay the 90 days allowed on the VWP or you'll put your visa at jeopardy

A Tourist visa is normally for people who have been denied usage of the VWP. I beleive they last for 5 months (?) but im not sure. They are not normally given to people who can use the VWP unless you have a great reason to need more then 90 days in the US at one time.

read the wiki on this site about:
VWP
K1
CR-1

hunsley76

All the times I have flown to the US, I complete a landing card before I arrive, get my passport stamped at immigration and I'm in.

I will definately read up about the VWP, K1 and CR-1.

I think K1 visa is the best way, and like you said, my Mar 10 I could be there.

My fiance has to complete some forms and submit them in the US right? I have read so many websites but I'm still none the wiser!!

What about VisaPro, has anyone gone through an immigration lawyer? What are the benefits??

Thanks for all your help with this. Much easier to understand when its explained in simple English!!

Noorah101

You've been using the VWP (visa waiver program), then. You don't have a tourist visa.

If you want to go the K-1 fiance visa route, your USC fiance completes an I-129F along with required backup forms/documents. He will need some things from you as well. Check out our own Wiki guide here on the K-1 (blue bar at the top of this page), and also go to www.uscis.gov, Immigration Forms, I-129F to see the actual form and instructions.

I'm not sure what VisaPro is, but if you are going to pay someone, make sure he/she is an Immigration Lawyer. Some people use a lawyer, some don't. It depends on many factors....how straightforward your case is, how well you deal with forms, instructions, and details, and how well you trust yourselves to do it all right. It's not a bad idea to have at least a consultation with an immigration attorney before you get started, just to make sure you understand the process, and see if there are any potential problems in your case.

Rene