Nina

Hello again, helpful people. :-)

I'm a US citizen, and my UK fiancé and I were planning to go for the
K-1 visa, but for a number of reasons, I'm thinking that it would be
better for him to home here on a tourist visa, we can get married, he
can go back in a few months, and then we can apply for a direct
consular visa, in the hopes that it might be a little faster.... and
allow him to be here for a while, now.

But what I read is that there need to be no issues at all if you're
going the DC route... and I'm concerned with what might make for
medical inadmissibility. He injured his back a few years ago, put on
a LOT of weight, and now has a number of physical problems, mostly
with walking, that will be corrected as he loses weight, but that will
take a couple of years. None of this is, of course, AIDS,
tuberculosis, anything contagious, etc., and I can support him plus
he'd be covered by my medical insurance as soon as we're married. But
it's really hard to tell from anything I can find if there are other
medical grounds for denying a visa.

Am I worrying about nothing, or is this cause for concern?

Nina

Noorah101

Hi Nina,

I don't believe his back problems will be reason for denial of a visa. I don't think you need to worry about that aspect.

However, you can't do DCF unless you also are living in the UK. You will have to file the I-130 here in the USA, and then your husband will go back to the UK when his visit is over, and will complete the rest of the paperwork and have his visa interview in the UK. You can do that as soon as you're married and have the certified copy of the marriage certificate.

Best Wishes,
Rene

jasonabc

Just to add to Rene's advice - not only do you (as the USC) have to be a legal UK resident in order to use DCF through the London Embassy, but this route was previously subject to abuse by so-called "visa tourists" so the Embassy has recently tightened up a great deal on this method. You usually have to show you have been in the UK for a substantial period of time - a couple of months residency is going to raise eyebrows.

The K1 will get him into the country the fastest - although the K3 is the better visa to have once you get here as it offers greater flexibility - especially as it's a multiple entry visa - whereas the K1 is not.

good luck

Jason

Noorah101

And just to keep adding to Jason's comment, following the I-130 to completion and getting the CR-1 visa is the very best scenario, since he will be a PR upon arrival in the USA and will get his green card automatically shorty afterwards. CR-1's are taking about as long as a K-3 recently.

K-1 is still an option, but it's a lot more paperwork once here in the USA, and he wont' be able to work for several months while waiting for his work authorization.

Rene

Nina

On Mon, 15 Aug 2005 20:27:30 +0000, Noorah101 <[email protected]>
wrote:

    >> Just to add to Rene's advice - not only do you (as the USC) have to be
    >> a legal UK resident in order to use DCF through the London Embassy,
    >> but this route was previously subject to abuse by so-called "visa
    >> tourists" so the Embassy has recently tightened up a great deal on
    >> this method. You usually have to show you have been in the UK for a
    >> substantial period of time - a couple of months residency is going to
    >> raise eyebrows.
    >> The K1 will get him into the country the fastest - although the K3 is
    >> the better visa to have once you get here as it offers greater
    >> flexibility - especially as it's a multiple entry visa - whereas the
    >> K1 is not.
    >> good luck
    >> Jason
    >And just to keep adding to Jason's comment, following the I-130 to
    >completion and getting the CR-1 visa is the very best scenario, since he
    >will be a PR upon arrival in the USA and will get his green card
    >automatically shorty afterwards. CR-1's are taking about as long as a
    >K-3 recently.
    >K-1 is still an option, but it's a lot more paperwork once here in the
    >USA, and he wont' be able to work for several months while waiting for
    >his work authorization.

Thanks, Rene and Jason... somehow in everything I read I totally
missed that I would have to be a UK resident for the DCF...

So... type of visa and work issues aside for the moment (because the
work part doesn't matter in the short run anyway), it wouldn't really
speed things up, would it, if he came here, we got married, and then
we filed the I-130, right? The K-1/I-129 is still faster, usually?

I have a feeling that it all just depends, I know... I'm just
frustrated and impatient as hell; we've been trying to be together for
something like 6 years now, and the other barriers have finally gone
away, so I just want this one DONE with...

Nina

ian-mstm

It's not just the time... it's the emotional impact. There will be a period of separation regardless of which route you take... would you rather be married and separated, or not married and separated? As a long time member of this forum, I can tell you that the period of separation seems to be far worse if you're married!

Ian

Noorah101

If you've already seen each other once within the past 2 years, you can start filing the I-129F for the K-1 visa now, and cut out the time it would take for him to come over for a visit. And as Ian pointed out, it might be easier to be separated while only engaged rather than married.

You're right, though, it all depends on where you live in the USA, and the backlog of work at the different stages during the process.

If you don't mind more paperwork and cost of filing AOS once he gets here, and his working is not an issue, then K-1 might be the way to go, after all.

Best Wishes,
Rene

Nina

On Mon, 15 Aug 2005 21:45:48 +0000, ian-mstm
<member2954@british_expats.com> wrote:

    >It's not just the time... it's the emotional impact. There will be a
    >period of separation regardless of which route you take... would you
    >rather be married and separated, or not married and separated? As a long
    >time member of this forum, I can tell you that the period of separation
    >seems to be far worse if you're married!

I think that in this case, it's going to be awful either way. It's a
long story... but I think that the married/not married part is not
that big of a deal, but the time thing is. So whatever is fastest is
best. I just wish it were a little more clear how long it would
really take...

Nina

Nina

On Mon, 15 Aug 2005 22:02:43 +0000, Noorah101 <[email protected]>
wrote:

    >If you've already seen each other once within the past 2 years, you can
    >start filing the I-129F for the K-1 visa now, and cut out the time it
    >would take for him to come over for a visit. And as Ian pointed out, it
    >might be easier to be separated while only engaged rather than married.
    >You're right, though, it all depends on where you live in the USA, and
    >the backlog of work at the different stages during the process.
    >If you don't mind more paperwork and cost of filing AOS once he gets
    >here, and his working is not an issue, then K-1 might be the way to go,
    >after all.

I'm pretty sure that it is. I was just in the UK for a month... we've
seen each other a lot over the last two years, so that part isn't an
issue. I guess that it's file for the K-1 and hope for the best...

I live in upstate NY, near Rochester, if that gives anyone a clue
about the time frame.

Nina

Nina

_____________
"In the depth of winter, I finally learned that within me lay an invincible summer."
-Albert Camus

jasonabc

I think Rete said recently that AOS applications in NY are taking a couple of years - but at least when you file for AOS you get to wait together ;-)

If speed is the issue then the K1 has to be the first choice - it's not the best visa to be on once you arrive here - but in terms of getting your intended over here - legally - in the shortest possible time it's still the quickest solution.

The National Service Centers all publish status reports on all their various visa applications (or they did when I was going through the process a couple of years ago!) so you should check the service center's report that will be handling your petition because it will show you how much of a backlog there is on Fiance Petitions.

The London Embassy is one of the faster, more efficient ones so things move *very* quickly once the petition arrives there.

Jason

Noorah101

Hi Nina,

Not to worry...your I-129F will be processed through the Vermont Service Center (VSC), which is processing I-129F's in about only 1 month. Very fast!

See this link for processing times: https://egov.immigration.gov/cris/js...Center=Vermont

Get the paperwork filled in, and you're on your way! We're here to help you along, too.

Best Wishes,
Rene

Jonathan McNeil Wong

Nina wrote:
    > Hello again, helpful people. :-)
    >
    > I'm a US citizen, and my UK fiancé and I were planning to go for the
    > K-1 visa, but for a number of reasons, I'm thinking that it would be
    > better for him to home here on a tourist visa, we can get married, he
    > can go back in a few months, and then we can apply for a direct
    > consular visa, in the hopes that it might be a little faster.... and
    > allow him to be here for a while, now.
    >
    > But what I read is that there need to be no issues at all if you're
    > going the DC route... and I'm concerned with what might make for
    > medical inadmissibility. He injured his back a few years ago, put on
    > a LOT of weight, and now has a number of physical problems, mostly
    > with walking, that will be corrected as he loses weight, but that will
    > take a couple of years. None of this is, of course, AIDS,
    > tuberculosis, anything contagious, etc., and I can support him plus
    > he'd be covered by my medical insurance as soon as we're married. But
    > it's really hard to tell from anything I can find if there are other
    > medical grounds for denying a visa.
    >
    > Am I worrying about nothing, or is this cause for concern?
    >
    > Nina
    >

Only Class A medical conditions result in automatic inadmissibility.
These are currently the following: "communicable disease of public
health significance" (currently defined as Tuberculosis, HIV, Syphilis,
Chancroid, Gonorrhea, Granuloma Inguinale, Lymphogranuloma Venereum, or
Hansen's Disease); or a mental disease or disorder that poses a threat
to the safety or welfare of the alien or others; or a history of having
such mental disease or disorder; or present drug abuse or addiction; or
a history of same.

Class B medical conditions ("a physical or mental abnormality, disease,
or disability serious in degree or permanent in nature amounting to a
substantial departure from normal well-being") do not result in
automatic inadmissibility, but may result in inadmissibility. However,
a Class B inadmissibility finding is unlikely if the condition is
remediable and the alien is not likely to require continued extensive
institutionalization or medical care at public expense.

So . . . I wouldn't worry.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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