New to this, and have a few questions
Dec 27th 2007, 7:42 am
#16
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Location: Phoenix, Arizona
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Re: New to this, and have a few questions
Not such a bad thing at all, as long as you understand the process yourself and can double-check their work. And as long as you're satisfied with their work and their answers to your questions.
Because the Immigrant Visa is by far the better way to enter the USA. You become a PR upon entry, with no further filing, fees, or processing to get your green card. You get your green card right there at the airport on your way into the USA.
Rene
We wanted to get married becuse we love one another so why shoot down the K3 visa.
Rene
Dec 27th 2007, 8:03 am
#17
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Re: New to this, and have a few questions
Just thought I'd also mention:
The K-3 and the Immigrant Visa are both "spouse" visas. The K-3 is considered a NON-Immigrant Visa, while the IV is an Immigrant Visa.
That's why, with the IV Immigrant Visa, no further work is needed once inside the USA. The IV holder becomes a permanent resident upon entry, he/she has successfully immigrated.
With the K-3, it's a non-immigrant visa, and the alien enters the USA as a non-immigrant (with immigrant intent). Therefore, there is more paperwork to be done, to apply for adjustment of status to permanent resident. It's still a way for the spouse to come to the USA, but involves more fees and paperwork the the non-immigrant to become a PR.
Hope that clears up the two different routes. Same end (becoming a US PR), but one more direct than the other.
Rene
The K-3 and the Immigrant Visa are both "spouse" visas. The K-3 is considered a NON-Immigrant Visa, while the IV is an Immigrant Visa.
That's why, with the IV Immigrant Visa, no further work is needed once inside the USA. The IV holder becomes a permanent resident upon entry, he/she has successfully immigrated.
With the K-3, it's a non-immigrant visa, and the alien enters the USA as a non-immigrant (with immigrant intent). Therefore, there is more paperwork to be done, to apply for adjustment of status to permanent resident. It's still a way for the spouse to come to the USA, but involves more fees and paperwork the the non-immigrant to become a PR.
Hope that clears up the two different routes. Same end (becoming a US PR), but one more direct than the other.
Rene
Dec 27th 2007, 8:08 am
#18
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Joined: Dec 2007
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Re: New to this, and have a few questions
Thanks Noorah,
Sent you a PM with some further explanations and questions.
Falcus
Sent you a PM with some further explanations and questions.
Falcus
Dec 27th 2007, 8:14 am
#19
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Re: New to this, and have a few questions
Dec 27th 2007, 8:14 am
#20
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Re: New to this, and have a few questions
Dec 27th 2007, 8:18 am
#21
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Re: New to this, and have a few questions
Back to your original post with some unanswered questions:
The 50/50 rule is something else, and has to do with obtaining US citizenship. No need for you to worry about that for several more years. Your wife is allowed to visit the USA while the visa process is ongoing, she just should bring strong ties to the UK to show at the POE just in case they ask. General rule of thumb is "spend at least as much time outside the USA as in it". So let's say your wife comes for an 85-day stay on the VWP to see you, she should spend 3 months + back in the UK before attempting to visit you again on the VWP.
The visa is a multi-step process. The first part, which takes place in the USA, can take 6 months or so. The second part, which takes place in the UK can take another 6 months or so. I'm talking worst case scenario. In most cases, it seems to take about 8 to 10 months for the entire process to happen....from filing I-130 to getting visa in hand (whichever one...K-3 or IV...they both are about the same in processing time).
I am the USC, and I initially hired a US immigration lawyer to help me with our K-1 fiance visa process. After paying her to submit the very first petition, I realized it was a very simple process, and I could do it without her. I did not use her for the rest of the entire immigration process, and my husband successfully received his K-1, became a US PR, and now has his 10-year green card. That was my experience.
You should get used to USCIS asking for every detail, without feeling invaded or offended. Just give them whatever they ask for. Affidavits will probably all look pretty much identical yes, since they are all basically saying the same thing...that these people know you as a married couple and can attest to that fact. I wouldn't worry.
Rene
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?
Rene
