New to this, and have a few questions
Dec 27th 2007, 7:05 am
#1
Just Joined
Thread Starter
Joined: Dec 2007
Posts: 4
New to this, and have a few questions
Hello,
I recently married an ex-pat (Or soon to be anyway, we're trying for anyway), and we're both chock full of questions, and can't seem to get them answered. Between the Oh SO loverly CBP, Homeland Security, TSA, USCIS, and US State Dept, I don't think its possible to find a comprehensive page with genuinely useful information with both hands, a flashlight, a sherpa, a guide dog, a map, a compass, and a GPS......
Most of these are probably bone-head questions, but after about 4 months worth of learning, and looking for answers, these are the ones that we seem to be having the most trouble with....
We've been told that a person can't visit the US for more then 6 months in a given year, is that a Year from the first time you visit? or every fiscal year? (So, since my wife's first visit was in Sept, would it be sept-sept for her, or would it be Jan-Dec?). Ive read mention on this site to something called "the 50/50 rule", is that something that pertains to this?
We've been told that the K-3 Visa takes 4-8 months to be approved or not, from the filing date. So does this mean that after 4-8 months, my wife will be, assuming shes approved, recieve the K-3?
We've retained the services of a "Solicitor", in London, to handle the whole process. We keep trying to ask them questions, and we get vauge responses to the about 1/2 of the questions that are actually answered, of which just as many answers contradict themselves or not. They haven't changed their story at any point, but the people we keep speaking to seem to be so intent on using non-specific big and lawyerly words that their explanations and answers sound more like a disposition to a jury or other legal body rather then answers to simple questions from non-legally trained persons.... Has anyone else here gone through a lawyer/solicitor? If so, can anyone relate good or bad experiences?
Affidavits, how important are affidavits of "witness'" to the fact that we're a "Happy and Loving Couple" (I could kill who ever came up with the idea of "checking up" on couples, its hard enough being 5000 miles away from my wife, much less feeling like I have to have a rectal probe before my government will allow us to be together)? We were told they are "Extremely beneficial", even though after having each of the affidavits signed off on by the solicitors, they all look almost identical..... Is that something to be worried about? Or can anyone answer something like that?
Anyway, sorry for the length of the post, but any information, particularly info pertaining to the above questions, is greatly appreciated.
Falcus
I recently married an ex-pat (Or soon to be anyway, we're trying for anyway), and we're both chock full of questions, and can't seem to get them answered. Between the Oh SO loverly CBP, Homeland Security, TSA, USCIS, and US State Dept, I don't think its possible to find a comprehensive page with genuinely useful information with both hands, a flashlight, a sherpa, a guide dog, a map, a compass, and a GPS......
Most of these are probably bone-head questions, but after about 4 months worth of learning, and looking for answers, these are the ones that we seem to be having the most trouble with....
We've been told that a person can't visit the US for more then 6 months in a given year, is that a Year from the first time you visit? or every fiscal year? (So, since my wife's first visit was in Sept, would it be sept-sept for her, or would it be Jan-Dec?). Ive read mention on this site to something called "the 50/50 rule", is that something that pertains to this?
We've been told that the K-3 Visa takes 4-8 months to be approved or not, from the filing date. So does this mean that after 4-8 months, my wife will be, assuming shes approved, recieve the K-3?
We've retained the services of a "Solicitor", in London, to handle the whole process. We keep trying to ask them questions, and we get vauge responses to the about 1/2 of the questions that are actually answered, of which just as many answers contradict themselves or not. They haven't changed their story at any point, but the people we keep speaking to seem to be so intent on using non-specific big and lawyerly words that their explanations and answers sound more like a disposition to a jury or other legal body rather then answers to simple questions from non-legally trained persons.... Has anyone else here gone through a lawyer/solicitor? If so, can anyone relate good or bad experiences?
Affidavits, how important are affidavits of "witness'" to the fact that we're a "Happy and Loving Couple" (I could kill who ever came up with the idea of "checking up" on couples, its hard enough being 5000 miles away from my wife, much less feeling like I have to have a rectal probe before my government will allow us to be together)? We were told they are "Extremely beneficial", even though after having each of the affidavits signed off on by the solicitors, they all look almost identical..... Is that something to be worried about? Or can anyone answer something like that?
Anyway, sorry for the length of the post, but any information, particularly info pertaining to the above questions, is greatly appreciated.
Falcus
Dec 27th 2007, 7:08 am
#2
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: New to this, and have a few questions
Hello,
I recently married an ex-pat (Or soon to be anyway, we're trying for anyway), and we're both chock full of questions, and can't seem to get them answered. Between the Oh SO loverly CBP, Homeland Security, TSA, USCIS, and US State Dept, I don't think its possible to find a comprehensive page with genuinely useful information with both hands, a flashlight, a sherpa, a guide dog, a map, a compass, and a GPS......
Most of these are probably bone-head questions, but after about 4 months worth of learning, and looking for answers, these are the ones that we seem to be having the most trouble with....
We've been told that a person can't visit the US for more then 6 months in a given year, is that a Year from the first time you visit? or every fiscal year? (So, since my wife's first visit was in Sept, would it be sept-sept for her, or would it be Jan-Dec?). Ive read mention on this site to something called "the 50/50 rule", is that something that pertains to this?
We've been told that the K-3 Visa takes 4-8 months to be approved or not, from the filing date. So does this mean that after 4-8 months, my wife will be, assuming shes approved, recieve the K-3?
We've retained the services of a "Solicitor", in London, to handle the whole process. We keep trying to ask them questions, and we get vauge responses to the about 1/2 of the questions that are actually answered, of which just as many answers contradict themselves or not. They haven't changed their story at any point, but the people we keep speaking to seem to be so intent on using non-specific big and lawyerly words that their explanations and answers sound more like a disposition to a jury or other legal body rather then answers to simple questions from non-legally trained persons.... Has anyone else here gone through a lawyer/solicitor? If so, can anyone relate good or bad experiences?
Affidavits, how important are affidavits of "witness'" to the fact that we're a "Happy and Loving Couple" (I could kill who ever came up with the idea of "checking up" on couples, its hard enough being 5000 miles away from my wife, much less feeling like I have to have a rectal probe before my government will allow us to be together)? We were told they are "Extremely beneficial", even though after having each of the affidavits signed off on by the solicitors, they all look almost identical..... Is that something to be worried about? Or can anyone answer something like that?
Anyway, sorry for the length of the post, but any information, particularly info pertaining to the above questions, is greatly appreciated.
Falcus
I recently married an ex-pat (Or soon to be anyway, we're trying for anyway), and we're both chock full of questions, and can't seem to get them answered. Between the Oh SO loverly CBP, Homeland Security, TSA, USCIS, and US State Dept, I don't think its possible to find a comprehensive page with genuinely useful information with both hands, a flashlight, a sherpa, a guide dog, a map, a compass, and a GPS......
Most of these are probably bone-head questions, but after about 4 months worth of learning, and looking for answers, these are the ones that we seem to be having the most trouble with....
We've been told that a person can't visit the US for more then 6 months in a given year, is that a Year from the first time you visit? or every fiscal year? (So, since my wife's first visit was in Sept, would it be sept-sept for her, or would it be Jan-Dec?). Ive read mention on this site to something called "the 50/50 rule", is that something that pertains to this?
We've been told that the K-3 Visa takes 4-8 months to be approved or not, from the filing date. So does this mean that after 4-8 months, my wife will be, assuming shes approved, recieve the K-3?
We've retained the services of a "Solicitor", in London, to handle the whole process. We keep trying to ask them questions, and we get vauge responses to the about 1/2 of the questions that are actually answered, of which just as many answers contradict themselves or not. They haven't changed their story at any point, but the people we keep speaking to seem to be so intent on using non-specific big and lawyerly words that their explanations and answers sound more like a disposition to a jury or other legal body rather then answers to simple questions from non-legally trained persons.... Has anyone else here gone through a lawyer/solicitor? If so, can anyone relate good or bad experiences?
Affidavits, how important are affidavits of "witness'" to the fact that we're a "Happy and Loving Couple" (I could kill who ever came up with the idea of "checking up" on couples, its hard enough being 5000 miles away from my wife, much less feeling like I have to have a rectal probe before my government will allow us to be together)? We were told they are "Extremely beneficial", even though after having each of the affidavits signed off on by the solicitors, they all look almost identical..... Is that something to be worried about? Or can anyone answer something like that?
Anyway, sorry for the length of the post, but any information, particularly info pertaining to the above questions, is greatly appreciated.
Falcus
Why on earth do you want to go for a K3 rather than an immigrant visa?
Check out some of the old threads here too - especially Rene's (Noorah) advice.
It's not rocket science if you take it one step at a time. Not sure why you'd even want to involve a British solicitor.
Dec 27th 2007, 7:12 am
#3
Septicity
Joined: May 2004
Posts: 23,762
Re: New to this, and have a few questions
Fire the "solicitor" and get an attorney instead. Or do it yourself if you're skeleton-free. They obviously have little idea what they're doing because it looks like they chose the wrong visa for you.
Last edited by fatbrit; Dec 27th 2007 at 7:16 am. Reason: homonyms!
Dec 27th 2007, 7:15 am
#4
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Re: New to this, and have a few questions
PS: I never used an attorney for any of my immigration processes (I-130, I-751, N-400) but I had no "skeletons" or irregularities in my history that I could not deal with myself and through reading groups like this.
Dec 27th 2007, 7:18 am
#5
Just Joined
Thread Starter
Joined: Dec 2007
Posts: 4
Re: New to this, and have a few questions
No, not the wrong Visa, we're married, we wanted to get married, we just happened to be 5000 miles apart at the beginning. Are atm too.....
Thanks for the AILA Tip, they are an AILA member. Perhaps Solicitor was the wrong word, they're a group of lawyers based in London.
Falcus
Thanks for the AILA Tip, they are an AILA member. Perhaps Solicitor was the wrong word, they're a group of lawyers based in London.
Falcus
Dec 27th 2007, 7:20 am
#6
Joined: Mar 2003
Posts: 68,280
Re: New to this, and have a few questions
Follow the guides here....
http://www.familybasedimmigration.com/
Here's a couple of London based US. Immigration lawyer
http://www.usvisalawgroup.com/
http://www.usvisalawyers.co.uk/
ther are many more
http://www.familybasedimmigration.com/
Here's a couple of London based US. Immigration lawyer
http://www.usvisalawgroup.com/
http://www.usvisalawyers.co.uk/
ther are many more
Dec 27th 2007, 7:22 am
#7
Septicity
Joined: May 2004
Posts: 23,762
Re: New to this, and have a few questions
No, not the wrong Visa, we're married, we wanted to get married, we just happened to be 5000 miles apart at the beginning. Are atm too.....
Thanks for the AILA Tip, they are an AILA member. Perhaps Solicitor was the wrong word, they're a group of lawyers based in London.
Falcus
Thanks for the AILA Tip, they are an AILA member. Perhaps Solicitor was the wrong word, they're a group of lawyers based in London.
Falcus
Dec 27th 2007, 7:34 am
#10
Just Joined
Thread Starter
Joined: Dec 2007
Posts: 4
Re: New to this, and have a few questions
........ We are married.... 
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
Dec 27th 2007, 7:38 am
#11
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: New to this, and have a few questions
........ We are married....
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
You do *not* want a K3.
K3 means having to adjust status *after* moving to the US. Lots of uncessary $$$ and hassle.
You want an immigrant visa.
http://britishexpats.com/wiki/CR-1
I cannot spell it out any clearer than that.
Did you follow the links that Ray posted?
Dec 27th 2007, 7:38 am
#12
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: New to this, and have a few questions
Hi Falcus,
The very best visa for your wife to get is the Immigrant Visa (not the K-3). It's pretty straightforward, unless she's got some criminal past, overstay issues, or infectious disease.
Very, very, very basically, you would file an I-130 petition here in the USA. When it gets approved (within 6 months or less), the file goes to National Visa Center (NVC), where you then have some back and forth correspondence and paperwork to do with them in the USA (Agent of Choice, I-864). Eventually the file goes to London, your wife is sent a packet of immigration forms to fill out, meanwhile she should be getting her police report out of the way (this takes 45 days or so). She will return a checklist to the London embassy when she has all the required documents in order. London will send her another notice with an interview date, and instructions on how to get her medical done. She will attend the interview and hopefully be approved for her Immigrant Visa that day. (this all takes up to another 4 to 6 months).
Once she uses her Immigrant Visa to enter the USA, she becomes a Permanent Resident upon entry, with the right to live and work in the USA from Day 1.
Just FYI, the K-3 takes just about as long as the Immigrant Visa does, and once she enters using the K-3, there would be more paperwork and another $1,010 in filing fees to apply for her green card. I don't recommend that route.
If you're wondering then why the K-3 even exists, it was created years ago when the I-130 route towards Immigrant Visa was taking YEARS to complete, while the K-3 would take less than a year. It was a way to bring the spouse to the USA to finish waiting for the Immigrant Visa process inside the USA. But nowadays, things have changed, and the Immigrant Visa process has sped up to under a year's time, so the Immigrant Visa and K-3 visa are taking the same amount of processing time....but the Immigrant Visa is by far the better way to enter the USA.
Best Wishes,
Rene
The very best visa for your wife to get is the Immigrant Visa (not the K-3). It's pretty straightforward, unless she's got some criminal past, overstay issues, or infectious disease.
Very, very, very basically, you would file an I-130 petition here in the USA. When it gets approved (within 6 months or less), the file goes to National Visa Center (NVC), where you then have some back and forth correspondence and paperwork to do with them in the USA (Agent of Choice, I-864). Eventually the file goes to London, your wife is sent a packet of immigration forms to fill out, meanwhile she should be getting her police report out of the way (this takes 45 days or so). She will return a checklist to the London embassy when she has all the required documents in order. London will send her another notice with an interview date, and instructions on how to get her medical done. She will attend the interview and hopefully be approved for her Immigrant Visa that day. (this all takes up to another 4 to 6 months).
Once she uses her Immigrant Visa to enter the USA, she becomes a Permanent Resident upon entry, with the right to live and work in the USA from Day 1.
Just FYI, the K-3 takes just about as long as the Immigrant Visa does, and once she enters using the K-3, there would be more paperwork and another $1,010 in filing fees to apply for her green card. I don't recommend that route.
If you're wondering then why the K-3 even exists, it was created years ago when the I-130 route towards Immigrant Visa was taking YEARS to complete, while the K-3 would take less than a year. It was a way to bring the spouse to the USA to finish waiting for the Immigrant Visa process inside the USA. But nowadays, things have changed, and the Immigrant Visa process has sped up to under a year's time, so the Immigrant Visa and K-3 visa are taking the same amount of processing time....but the Immigrant Visa is by far the better way to enter the USA.
Best Wishes,
Rene
Dec 27th 2007, 7:40 am
#13
Just Joined
Joined: Dec 2007
Posts: 1
Re: New to this, and have a few questions
........ We are married....
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
Yes i decided to employ an attorney is that such a bad thing ?
We wanted to get married becuse we love one another so why shoot down the K3 visa.
Moon Hare
Dec 27th 2007, 7:41 am
#14
Septicity
Joined: May 2004
Posts: 23,762
Re: New to this, and have a few questions
........ We are married....
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
If you're not going to even believe me, then why bother posting to this thread? I thought I had some moderately simple questions.....
We don't have any skeletons, we just didn't want to even risk fowling things up after hearing how difficult it can be normally....
Why does no one want a K3?
Thanks for the advice and links that have been posted....
The Wiki seems to be lacking in information in alot of areas, including K-3s.... I apologize if Ive missed something, and if I have, feel free to please post a link to whatever it is I might have missed that might set me in the right direction.
Falcus
If so, you have chosen the wrong visa. The K3 takes just as long as an immigrant visa to process but you're scarcely half way through the process when she arrives. The immigrant visa gives her residency on arrival. So why bother with the K3?
Dec 27th 2007, 7:42 am
#15
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: New to this, and have a few questions
See Rene's very comprehensive answer.
Not sure why you guys feel you are being shot down - everyone here is just trying to save you a lot of $$$ and hassle!
