Jane1961

Hi everybody, I am new to this forum and right at the start of the process of applying for a K1 then eventually K3 visa.

I must say it's fantastic to read about so many other stories similar to my own, to realise that this crazy situation is by no means unique.

I'm English and met my American fiance online by complete chance just over a year ago. We met in november 2007 for 6 days and really hit it off, since then I've been out to the USA on 4 other occasions and have another trip planned for 3 weeks in October....

I wondered what your thoughts are on handling applications without the services of an attorney. There seems so much good advice and procedures on here that I'm not sure about the wisdom of paying what I am sure are their over inflated fees.

I'm also becoming a little worried about the number of trips that I have taken in a relatively short space of time. 3 weeks is the longest that I've stayed so far with each trip being separated by a minimum of about 8 weeks. Any thoughts?

thanks in advance

Rete

The K-1 is the fiancee visa. If your USC fiancee petitions for you via form I-129F and you are approved for the K-1 at the US Consulate in London, then you will enter the US and have to marry him within 90 days. You are allowed to remain in the US to file for adjustment of status to permanent resident/green card without having to leave the US. There is absolutely no need for a K-3 unless you are married and living back in the UK and he is living here in the US. Then he would need to file the I-130 for your immediate relative visa and then the I-192F for the K-3.

Suggest you have a gander at the Wiki section for a more indepth look at the two visa options.

Elvira

It's not a crazy situation at all.

Forget about the K3 - go either for a K1 or a spousal Immigrant Visa.

The Wiki has most of the information you need.

But think very carefully about whether you really, truly, definitely want to live in the US. Don't get caught up in the emotions of romance - emigrating is a life-changing event.

To truly appreciate what you might be letting yourself in for, please do read some of the stories in the Moving Back to the UK forum.

Jane1961

Thanks Rete, as I said I'm right at the start of the whole process and have much conflicting advice from attorneys.

I read the wiki article earlier and thought it provided a real good step by step procedure for petitioning and then applying.

I suppose I'm just a little fearful of making a mistake and stuffing up the application, hence do you think it would be wise to invest in a good attorney or not

fatbrit

You seem to be under some illusion that attorneys do not make mistakes. We've seen little evidence of that on this forum.

meauxna

Maybe if you give us an example of the conflicting advice, we can help see what the conflict is.

Jane1961

Thank you all for your quick responses:

massive differences in fees between attorneys / differences in the filing fees / advised to come on a student visa then apply for a change of status / advised not to travel at all until a visa application of some sort was made .........

I'm 47 by the way divorced, with a 15 year old daughter and my own small business here in the UK. I know that what we want to do will be a massive life changing event not only for me and my family but also for him so it's not something that ewither of us are entering into lightly.

Elvira

What are your plans re. your daughter............ and how does SHE feel about this whole idea of emigrating to the US?

fatbrit

Well that's an interesting variation on the VWP express route. And a rather expensive one if I might so say!

ian-mstm

I understand your apprehension, but stuffing up the application can happen whether or not you've made a mistake and whether or not you have an attorney. I, and many others here, successfully navigated the K-1 visa without the use of an attorney. Indeed, unless you have complications due to a criminal past or an overstay issue, the K-1 is a fairly straight forward application and process.

Some people, however, feel that they sleep better at night if they have an attorney on the back burner... in much the same way that they sleep better when they have a professional handling their tax returns!

Ian

Jane1961

She's absolutely fine with it all - i've been totally open and honest with her from the start. We have a very good relationship

We do not want to marry before she is 16 (next June) She currently lives with her dad and intends to pursue English A levels and a place at Cambridge... I will do everything I can to support her in this.

meauxna

Does this theme have to be visited on every post from someone who asks about moving to the US?

fatbrit

So she's not emigrating with you?

Elvira

WTF ???

Seems like a very important issue.

Do you have children?

Have you emigrated with children?

If not, you do not know WTF it is all about!

(Anyway, I am glad to hear that the daughter is staying in the Uk to complete her education...)

meauxna

That's convenient.
You don't know everything about me to be qualified to say that.
In fact, I'd say I have a unique perspective on it that you do not.