NotworkSte

Random chatter now since I am doing some research on a quiet Good Friday.

I had been thinking K-3 was the way to go. But then found out EAD can take 3 months, am thinking, what's the point of doing K3 at all. In anyones experience here, is the K3, then permission to work short enough that makes it worthwhile over going CR-1? As it stands, am thinking of just going the CR-1 route. There is absolutely no point in me moving on a K3 and sitting on my backside for 3 months.
Is it possible to get K-3, then go to the US, get it put into my passport at PoE, file for work permission then come back to the UK and wait until that is approved too, or do I really need to stay in the US?

In fact, I am pretty understandable about the whole process and why there would be delays in it, but at this point I am wondering, is it actually worth the whole hassle and should we be looking for her to move to the UK? the K3 meant to speed up a immigration process that seems to disadvantage people actually wanting to work.

Feeling pretty down for the first time since I started looking into this.

Noorah101

If you guys have not filed an I-129F for the K-3 visa yet, then don't bother. Stick just with the I-130 towards an Immigrant Visa.

The K-3 is way outdated and is no longer a good option for immigrating. As you said, there is the problem of not working right away. The Immigrant Visa makes you a PR upon entry to the USA with the right to live and work here from Day 1.

The K-3 came about when it was taking literally YEARS to adjudicate I-130s. An I-130 at that time could take 3 years to process! So the K-3 was invented as a way to bring the spouse to the USA in under a year to wait inside the USA until the I-130 is adjudicated. Nowadays, though, the I-130's are adjudicated in just a few months, with the total time taking only about 8 - 10 months (same time frame as the K-3).

So you can see, the K-3 is pretty useless now.

Her moving to the UK is a different option altogether. I believe that process is much quicker than the path to the USA.

Rene

meauxna

That's right, it is, by design.
The purpose of the K-3 was for 'rapid' family reunification. Where 'rapid' = 'less than 3 years'.

The K-3 is dead for 95% of applicants. An Immigrant Visa (CR-1) is far superior and currently takes the same amount of time & documents. And it costs less to get the same result.

jeffreyhy

NwS,

In today's economy be prepared to be sitting on your backside for a lot longer than 3 months, employment authorized or not.

Figuratively speaking, that is - finding work is a full time job no matter how long it takes.

Regards, JEff

NotworkSte

Ain't that the truth..... It's hard all over, prob worse here in the (almost) bankrupt UK with goldfish gordon at the helm.

We have been looking into the UK pathway as well and it does seem easier, plus I have the required assets, housing and method of support.

You know what is going to be my luck? I am getting seconded to Cairo for a few months, I'll end up missing some important paperwork or being late with something.. Such is my luck.

NotworkSte

I was reading through this and came across an something that confused me
http://travel.state.gov/visa/immigra...info_3195.html

It's the section on police reports. From the table I match the top 2 criteria:
is living in their country of nationality at their current residence for more than 6 months

lived in a different part of their country of nationality for more than 6 months

So as I have lived in Northern Ireland (PSNI area), Dundee (Tayside) and Hawick and Edinburgh (L&B) would I need a report from each area?

I also went here:
http://www.acpo.police.uk/certificates.asp
And the online form tells me to list my current address go back 5 years, which covers my Hawick address as well. It makes no provision for going back further.

I thought this bit would be easy, I've been a special constable for the last 8 years


10 days to go to the wedding

Rebster

The second link that you list is the one you need to follow to get your police report for the UK.

It is a fairly new system. When we applied there was no one place to get a certificate - you had to contact each area you lived in and get a certificate from the local police authority. Now they've simplified it. (if you click through the links from the first website you will see that if you look up reciprocity "united kingdom" it directs you to that second link.)

Easy-peasy!

Rebster

This is the path my hubby & I took. I came to the UK on the marriage entry clearance and stayed until he received his US visa (over a year later)
It's a very simple process - all she would have to do is apply for Limited Leave to Remain after the wedding. The paperwork was fairly simple and I received my passport back with my LTR stamp in about 3 weeks.

I wish the US had a system like that!

penguinbar

You just get one police report for the UK.My husband first made the mistake of getting a local one from Tayside and then realised he needed the national one. A local one is useless.

NotworkSte

Hey all, 5 days till the wedding. She arrives in the UK Friday

We decided to take some advice from an law firm in Tampa with an immigration specialist. Yet more opportunity to part with some cash, but, well just trying to cover all bases. Fairly certain I have a decent grasp of what we need to do once married so I doubt we will retain them for the actual process, we'll likely do that ourselves. Would only be useful if they werre able to help the process along.

As a matter of curiosity, has anyone used an attorney to help with the LPR process and found it went a little quicker than expected?

NotworkSte

Phone conference with lawyer disappointing. Out of professional courtesy will refrain from the company name and the advice given, however the one think I will say was that he reckoned the i-130 process was currently taking 12 months. I gather from the USCIS site it is an average of 6, it is possible he was quoting a worst case scenario for us so as not to give us a timeframe that we ran over.
Anyway, I think at this point we shall be doing the filing outsevles.

Noorah101

Judging from recent reports on here, the Immigrant Visa process is taking around 8 - 10 months through London. I suppose 12 months was given as a worst case scenario.

You don't really need an attorney if you have a straightforward case, can follow instructions, and have a knack for details.

Rene

meauxna

I've never felt the need to break down the difference between self-directed cases vs lawyer filed cases but one obvious difference in the time frame is how quickly the petitioner responds once the case gets to the NVC.
During the petition adjudication, no one can influence anything with regards to time, other than to submit a technically correct petition. Filing the I-130 based only on its instructions can lead to errors.

However, once the petition has been approved, motivated individuals that want to monitor every step can speed up the pre-interview document collections and fee payments. Even if they're not using any of the shortcuts & tips that other users develop, with an attorney, you'll always have the additional layer of people handling your paperwork so it's reasonable to conclude that the lawyer is advising based on how fast HIS cases complete.


Why do you describe the consultation as disappointing?

NotworkSte

Well, I'd say it was disappointing in the respect that I seemed to know about as much as he did on the process and that he was pushing us towards k3.

We talked a lot about the right and wrong ways to do things and to be fair in this case he was very good, clear and concise. One thing he said, was that IF I entered on the VWP and IF we got married in the US and then IF I tried to adjust status, then I could get a work permit within 3 months. That was a surprise to me. (he was definitely not advocating we do this)

It seems to me that, if I would be prepared to misrepresent myself at PoE and come over as VWP and actually get married and then adjust, whichever agency processes the adjustment doesn't really seem to care. But if I try to do it the correct way, it seems to involve so much heartache and time apart. That cannot possible be morally correct or fair.

Anyway, we're going to get married in NI and file the correct way. I'll be coming over now and again on VWP while the i-130 and the rest is in process so I guess I need to prepare for more questions at PoE. I am thinking when i do come to visit, I will get a letter from my employer and my mortgage deed, should be enough? I still have my police warrant card since I technically haven't left the police. Maybe that will help, as in one blue to another...

meauxna

I think that it's good that you were already familiar with the traditional methods for immigrating; you probably got more out of the conversation as a result.
But I'm not thrilled with the K-3 even being mentioned. Only because it indicates to me that he is not current on processing of these cases from the past 2 years.
A couple of months doesn't mean much to him, or me at this point, but to you two, it could mean everything.

The bolded part is the bombshell right there, but I think you're mistaken about CIS caring or not about what happened at the border. People ARE asked about it in interviews, even if it's not every interview, and there are ramifications for doing this from a VWP vs visa entry.

This thread might also be interesting reading for you.

heh.. my uncle the Mountie (ret) always took delight in accidentally exposing his badge when pulled over for speeding on one of his Harley trips down to see us. Yes, it worked most of the time for him!