captainklutz

Hi there happy lovers. We are new to this.

My fiancee and I are just about to set out on the K1 quest. Originally we were making all our plans to marry in the US or approval of the I-129f. However last night she told me she NOW wants a wedding in a 'big English church with bells and a choir'!! We have learnt all we have to do and all the questions they will probably ask and done all our 'prep' - then my sweetheart springs THIS on me.....lol. (Mind you my moms happy she cant fly!)

Advice and comments please on this. Can we marry in the UK when our I-129f is approved (subject to the 90 day ruling) and then the BOTH of us enter the US or is this not possible? What if we just go ahead and marry in the UK then file a K3?

Friends of ours just did this however, and its taken a YEAR for their K3 approval to be with her husband in the US! Furthermore during that year she was BARRED from entering the US. Furthermore she is a serving Police officer!!! So they married and have not seen each other in a year. Surely the USCIS needs a SERIOUS overhaul of this archaic system? The two closest nations in the world and yet it seems to be the UK that gets the worst K1/K3 treatment that we ever have seen.

Thank you please post away! Looking for answers.

Just Jenney

Ok, a few things here...

1) The I-129F is just the petition the USC files in order for the foreign fiance to apply for the K1 fiance visa. The I-129F is NOT the K1 visa itself; it's only the first part of the process. So even if you plan to marry in the States (as you'd previously planned), once the I-129F is approved, then you could apply for the K1 fiance visa. Once THAT is approved, THEN you could move to the States and marry within 90 days of arrival. However, you now would like to marry in the UK, so on to my next point...

2) If you marry in the UK, then you are no longer a fiance. So you can't use a K1 fiance visa to enter the US as a spouse. You'd have to apply for the K3 spousal visa instead.

3) Now, it sounds like you're both living in the UK now, is that right? Do a search for "Direct Consular Filing" or DCF. It's a quicker way for married couples to get to the US from the UK after marriage.

If your friend was barred from entering the US, then there might be extenuating circumstances you don't know about which caused her to be barred. There are many spouses on here who have successfully visited their spouses while the visa process was underway, although they usually have to provide tons of proof that they intend to return to their country of origin before the VWP or tourist visa expires.

There are fiances/spouses from countries other than the UK that get FAR worse treatment than UK fiances/spouses (especially fiances). You should consider yourself lucky to be from the UK and not somewhere like Russia or the Philippines.

~ Jenney

half-pint

As a note to this. You will be able to get married in the UK, however your fiancee will need to enter the UK using the UK fiance visa if she intends to stay. You are unable to enter using the VWP, marry and then adjust status in the UK. The fiance(e) is also not allowed to work in the UK. On the plus side if you want to do this the UK fiance visa is much easier to obtain. Go to the IND pages to do a search.

In order to file DCF in London the US citizen MUST be in possession of a valid entry clearance, this is usually in the form of the FLR or ILR stamp which spouses receive. Coming to the Uk getting married on the VWP and then filing does not fulfill this.

If you are able to incur the extra expense, DCF is much quicker than K3.

Ellie

captainklutz

Thanks for that Jenney. No my fiancee is still living in the USA with her children. It all sounds SOOOO complicated for two people deeply in love to get married and be together for always. She wants us to live in the US due to the childrens schooling, our oldest is a straight A student. I would like to know more about this DCF. We have never heard of that before. Is there a website that explains it please? This BROWN ENVELOPE is scaring the pants off us!

broma25

Ellie

I notice from your timeline that you have been issued with a LND number, can I ask what that is and how long after you filed your I-130 did you receive this number.

My I-130 was officially logged 07/22/04 I have not received anything yet!

Thanks

Elaine

half-pint

Hi Elaine

My LND number was a provisional case number which was given to me by the consulate. I had to email them regarding a question about a change of address, they gave me the number for future reference and to use when I contacted them in the future.

Ellie