Hern

I am an English Citizen, and My American Fiancee and I are getting Married in Scotland in July 2010. She will have her Marriage Visa and other appropriate documents with her.

A few days after the Wedding, I am going to fly to America with my new Wife!, and live with her for a couple of months on the normal 90 days VWP.

From what I can gather, researching here and other places, if I am asked at the point of entry, about my visit, saying I am visiting friends, which is the truth, is the correct thing to say? I am not trying to avoid anything other than being taken to one side for questioning whilst my Wife is away collecting our luggage and not knowing where I am, and I will have no way of contacting her This is really my main concern. (I am well aware that at some point we will be questioned, I believe once I have travel into America with the K3 Spouse Visa we are going to sort out asap.)


As soon as we land, we are going to apply for the K3 Spouse Visa. Our plan is that I will eventually move to America and live. I will then do what is required for my greencard.

I understand the red tape / bureaucracy for the K3 Spouse Visa will take several months, and I will return back to England on my scheduled return flight. I will then look for another job as I will quit my current job a few days before I Marry.



Am I forgetting anything here?

Rete

Outside of confusing the bejesus out of me with your first post here, I would say that you have managed to make my head spin.

I don't fully understand what you are planning to do but it doesn't seem as if it is a viable solution to your situation. Also I don't think you did very much research into emigrating to the US as you are talking about a defunct visa, K-3, which isn't worth the paper it is written on.

Trying to sort out what you have written, I believe you are engaged to marry an American. You and she will have your wedding ceremony in Scotland after you have obtained the correct UK paperwork which will allow you to marry there. This is not a spousal visa btw.

After said marriage, you and she will come to the US. You will NOT have a valid immigration visa but are hoping to bypass this requirement of living in the US with a USC spouse by entering the US under the VWP. I give you credit for at least finding out that you cannot work while here in the US under the VWP and that your stay can only be for 90 days or whatever time they give you at the POE if they allow you to enter.

Now here is where I really am confused. You will be returning to the UK after your wife files for the K-3. You don't mention that she first has to file the I-130. You also seem to either think that the K-3 will be issued almost immediately and/or that you can return to live and work in the US while it is pending.

The I-130 which needs to be filed for the immediate relative visa is only taking 6 to 9 months to complete from filing to adjudication at the US Consulate in London. With its approval and the shiny new visa in your passport, upon entry into the US you are immediately a permanent resident of the US (greencard holder) and can remain to live and work.

The K-3 will take as long, if not longer, to adjudicate at the US Consulate in London and means you still have to file for the right to work document once you are in the US and you will have to still file for permanent residency. More time, more money, more aggravation.

No way will any visa only take a few months. You are looking at a minimum of 6 months to a maximum of 12 months before you will be here in the US with your wife.

I urge you to read the links posted at the start of this forum and to read the wiki and then replan your adventure into the outer limits known as the USCIS

Hern

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Noorah101

Hi Hern, Welcome to BE.

I see a couple of potential pitfalls with your plan. OK...step by step:

1. Getting married in Scotland under her appropriate visa for doing so, no problem.

2. Returning to the USA together as husband and wife, with you on a VWP = potential problem. Especially since you won't have proof of a job to return to back home. Be prepared to be turned away at the POE if you get an officer who thinks you might intend to immigrate (i.e., nothing to return home for, and a USC wife).

3. The whole K-3 thing = potential problem. Don't bother with the K-3, believe me. Just stick to the Immigrant Visa. They take the same amount of time, and the Immigrant Visa is FAR superior.

4. Your idea of "several months" for the visa = potential problem. If your idea of several months is around 8 - 10 months, then no problem. Just be aware it can take that long.

Overall, your plan is fine...marry in Scotland, come visit the USA, start the Immigrant Visa process, return home, wait for visa, immigrate to USA. No problems there. Just be aware of the finer details I mentioned as potential snags.

Rene

Just Jenney

I highlighted the two comments that threw up red flags for me:

First, you say you're planning on "living" in the US on the VWP when you come over after you marry. You can't LIVE in the US on the VWP. However, you can VISIT -- big difference.

Second, you're quitting your UK job before you come over on the VWP. Coupled with the fact that you will have just married a USC (don't assume that immigration won't ask you -- they can and they might), this makes it difficult for you to prove that you 1) have no immigration intent; and 2) have every intention of returning to the UK before your VWP expires.

Lastly, I agree with Rete that the K3 route is not the way to go. You should look into getting an CR-1 (immigrant) visa, which basically takes the same amount of time to obtain as the K3 visa, but automatically grants you a green card (permanent resident status) upon entry to the US. If you go for the K3 visa, then once you get to the US you'll have to go through a whole new application (which can last 6-12 months, typically) to get your green card. This means you'll also have to apply for and wait another 3 months or so before you can work and/or have the ability to leave and reenter the US before you get your green card.

~ Jenney

Noorah101

I meant to comment on that as well, thanks for bringing it to attention, Jenney.

Just wanted to point out to Hern that the real name of this visa is "Immigrant Visa". The class of admission can either be CR-1 (if your marriage is less than 2 years old), or IR-1 (if your marriage is more than 2 years old). Since you will be applying for it so soon after marriage, I believe you'll get the CR-1 class of admission on the Immigrant Visa.

It's a little confusing with some folks calling it "Immigrant Visa" and some folks calling it "CR-1" or "IR-1" visa. It's all the same visa, just different classes of it.

Rene

ian-mstm

Sorry... but that's not what you'll be doing. You might be visiting her, but you won't be living with her. There is a huge difference, and a simple word slip at the port of entry will find you heading back to the UK on the next available flight.


I suppose it'd be true *IF* you were actually going to be visiting friends.


You don't want to do that. You want to apply for an "immigrant visa" (CR-1).


Bad move.


You're really going about this ass-backwards. Your plan is absolutely riddled with danger, bad choices, and poor judgement.

Ian

jeffreyhy

H,

To add to another correction to the list of misunderstandings that others have already addressed, you won't be applying for a visa - be it a K3 or an immigrant visa -until after your wife has petitioned for you to establish that you are eligible to apply for one or the other of those visa types.

Regards, JEff