Marry in the UK or in the US?
Nov 10th 2008, 1:33 pm
#16
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Marry in the UK or in the US?
I disagree. The K-3 is no longer the best option. The direct route to the Immigrant Visa is far better for a spouse than the K-3 is. The K-3 is no faster than the Immigrant Visa anymore, and the K-3 involved more steps and more fees once inside the USA to get the green card.
Definitely stick with either the K-1 (unmarried) or Immigrant Visa (married). Never mind the K-3.
Rene
Definitely stick with either the K-1 (unmarried) or Immigrant Visa (married). Never mind the K-3.
Rene
Nov 11th 2008, 6:38 am
#17
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Thread Starter
Joined: Nov 2008
Posts: 15
Re: Marry in the UK or in the US?
I disagree. The K-3 is no longer the best option. The direct route to the Immigrant Visa is far better for a spouse than the K-3 is. The K-3 is no faster than the Immigrant Visa anymore, and the K-3 involved more steps and more fees once inside the USA to get the green card.
Definitely stick with either the K-1 (unmarried) or Immigrant Visa (married). Never mind the K-3.
Rene
Definitely stick with either the K-1 (unmarried) or Immigrant Visa (married). Never mind the K-3.
Rene
Thanks again. Will keep you posted & no doubt be back with more questions as we get into this!
Nov 11th 2008, 6:48 am
#18
Forum Regular
Joined: Nov 2008
Location: Los Angeles, CA
Posts: 82
Re: Marry in the UK or in the US?
Hi John,
Do you have some recent K-3 experiences? We've found that K-3 visas are lately not what their advertised purpose seems to be. The Immigrant Visa takes about the same amount of time and produces a 'final product' as a benefit.
Amy, if the marriage takes place in the US, that is not where your (then) spouse would interview for the K-3 visa; the interview would still be in the UK.
Do you have some recent K-3 experiences? We've found that K-3 visas are lately not what their advertised purpose seems to be. The Immigrant Visa takes about the same amount of time and produces a 'final product' as a benefit.
Amy, if the marriage takes place in the US, that is not where your (then) spouse would interview for the K-3 visa; the interview would still be in the UK.
The problem with the immigrant visa("IV") is that the petitioner must sign the I-864 affidavit of support. For the I-864, the petitioner must be domiciled in the U.S. At the IV interview, the consulate could continue the case because the OP is not currently domiciled in the U.S. Once a case gets continued this way, it could take months to clear up. You would not have these delays with the K-1/K-3, as the I-864 is not required.
Nov 11th 2008, 6:55 am
#19
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Joined: Nov 2008
Posts: 15
Re: Marry in the UK or in the US?
I think the K-1/K-3 is a better option in this situation. The OP wants to minimize time spent apart from and does not currently live in the U.S.
The problem with the immigrant visa("IV") is that the petitioner must sign the I-864 affidavit of support. For the I-864, the petitioner must be domiciled in the U.S. At the IV interview, the consulate could continue the case because the OP is not currently domiciled in the U.S. Once a case gets continued this way, it could take months to clear up. You would not have these delays with the K-1/K-3, as the I-864 is not required.
The problem with the immigrant visa("IV") is that the petitioner must sign the I-864 affidavit of support. For the I-864, the petitioner must be domiciled in the U.S. At the IV interview, the consulate could continue the case because the OP is not currently domiciled in the U.S. Once a case gets continued this way, it could take months to clear up. You would not have these delays with the K-1/K-3, as the I-864 is not required.
Funny thing is that I've been complaining about getting paid in dollars to a bank in the US instead of sterling here for the last two years, never realizing that might help me one day!
Nov 11th 2008, 7:12 am
#20
Forum Regular
Joined: Nov 2008
Location: Los Angeles, CA
Posts: 82
Re: Marry in the UK or in the US?
Well, I might be a special case. I still own a home in the US, and my job is technically still a US job as I'm paid out of the US, but am on a "long term" assignment in the UK.
Funny thing is that I've been complaining about getting paid in dollars to a bank in the US instead of sterling here for the last two years, never realizing that might help me one day!
Funny thing is that I've been complaining about getting paid in dollars to a bank in the US instead of sterling here for the last two years, never realizing that might help me one day!
Nov 11th 2008, 7:31 am
#21
Joined: Apr 2002
Posts: 35,082
Re: Marry in the UK or in the US?
I think the K-1/K-3 is a better option in this situation. The OP wants to minimize time spent apart from and does not currently live in the U.S.
The problem with the immigrant visa("IV") is that the petitioner must sign the I-864 affidavit of support. For the I-864, the petitioner must be domiciled in the U.S. At the IV interview, the consulate could continue the case because the OP is not currently domiciled in the U.S. Once a case gets continued this way, it could take months to clear up. You would not have these delays with the K-1/K-3, as the I-864 is not required.
The problem with the immigrant visa("IV") is that the petitioner must sign the I-864 affidavit of support. For the I-864, the petitioner must be domiciled in the U.S. At the IV interview, the consulate could continue the case because the OP is not currently domiciled in the U.S. Once a case gets continued this way, it could take months to clear up. You would not have these delays with the K-1/K-3, as the I-864 is not required.
'Intent to reestablish' has been sufficient for most of the Consulates, even for USCs who haven't yet lived in the US.
At any rate, this OP is returning to the US before her intended can get there, so her domicile won't be an issue. The I-864 isn't submitted to the London Consulate until the visa interview day.
