kazd

Hi,

My sister's fiancee is a British born US Citizen, ideally they would like to get married here and then return to the US. Most of his family and all of hers are here in the uk. My question is can you start the ball rolling for a K3 visa in anticipation of the marriage, also whilst the application is in progress am I right in thinking that she would not be able to enter the US on the visa waiver.

They are also thinking about the K1 route but would prefer to marry here because of the family situation. My father is quite ill (terminally), probably one of his big desires is to see my sister get married and be settled. Financially it is not practical for all the families to travel to the US for the marriage.

I realise that she might not be able to accompany him back to the US after the marriage if the visa has not come through but wondered whether you could speed the process up by applying prior to the marriage.

Folinskyinla

Hi:

No, can't do the K-3. However, since she LIVES in the UK, she can do an I-130 at the CONSULATE in London -- its what people on this NG call "DCF". No need for K-1 or K-3.

kazd

Scuse my ignorance I thought the I-130 was the petition he has to put forward in the US to enable her to apply for the K1 or K3 in the UK.

jeffreyhy

kazd,

You think correctly, almost. An I-130 is required for a K3 visa but not for a K1 visa, and it is normally filed with a CIS service center in the USA. But....

Folinskyinla is telling you that, in his circumstances, your sister's fiance can instead file his I-130 petition directly with the US consulate in London - direct consular filing, aka DCF - instead of filing it in the USA. Your sister can then apply for an immigrant visa rather than a K1 or K3.

Regards, JEff

kazd

So would this be any quicker than the K1 route or K3 route. Let me get this straight, she files the I-130 (which means he would have to send all the documentation over to her here in the UK), is this kind of front loading. Then once the 1-130 is approved she would apply immediately for an immigrant visa.

Folinskyinla

Hi:

The I-130 is the visa petition that, upon approval, allows for issuance of an immigrant visa or adjustment to immigrant status.

The K-3 is a NON-immigrant visa which allows for the alien spouse to come to the US to WAIT for approval of the I-130.

Normally, the I-130 is filed with the Service Center in the United States where the US citizen resides. However, if the US citizen resides OVERSEAS, then they can file directly with the consulate where they live. To be technical, you canNOT do that in London because the London Embassy has an overseas DHS office -- however, you CAN file with the DHS in London provided the US citizen is living there. The process is much quicker.

Katie

She lives in the UK because she is the UK citizen. The OP didn't say that the US citizen lives in the UK, only that the US citizen is British-born.

Assuming that the US citizen LIVES in the US but has dual (US/UK) citizenship, would the UK citizenship alone permit DCF? What is "residency" for DCF purposes?

Katie

Folinskyinla

Hi:

Excellent question -- as a UK national with right of abode, I would say his physical presence there is enough to turn the trick.

kazd

Katie

You are correct, she is a uk citizen living in the uk, he is a british born us citizen with dual citizenship uk/USA but is resident in the US. (However, must confess I did not think it was possible to hold dual nationality with uk/usa or is that different to citizenship). So as you say an interesting question.

kazd

So for example, he comes over for the marriage and is living with her (this would possibly be for less than two weeks). Whilst here he could file for the I-130 for her. If this was the case any idea of the length of time to process. He has already used us a few days of his two weeks!!! annual leave.

Noortje

Isn't it so that for DCF, the US spouse doesn't need to live in that country?
At the American embassy here in Belgium, they told me that after we get married here in Belgium, my US citizen/resident husband can apply for a visa for me and go back to the United States. He lives in the US.

L D Jones

Katie wrote:
    >
    > Originally posted by Folinskyinla
    >
    > > Hi:
    >
    > >
    >
    > > No, can't do the K-3. However, since she LIVES in the UK, she can do
    > > an I-130 at the CONSULATE in London -- its what people on this NG call
    > > "DCF". No need for K-1 or K-3.
    >
    > She lives in the UK because she is the UK citizen. The OP didn't
    > say that the US citizen lives in the UK, only that the US citizen
    > is British-born.
    >
    > Assuming that the US citizen LIVES in the US but has dual (US/UK)
    > citizenship, would the UK citizenship alone permit DCF? What is
    > "residency" for DCF purposes?

You have to contact the consulate in London and ask. I recall a previous
post here by a dual US/UK citizen who did not live in the UK who had
problems at the consulate since he was not resident in the UK when he
enquired about filing directly (I think he wanted to file for his
parents who were British and both lived in the UK). I do not actually
know what happened in that case. It is best to contact the consulate
(especially since I could be wrong)