fatbrit

And today's post by Ian was a perfect example -- it was corrected on the same day! Such is the advantage of a large and established group like this one. The number of bad errors that get through are really very minimal, possibly less --I might venture -- than a bad professional on a good day.

I certainly don't base my assessment of the quality of the information on the post count but rather what people have written before. Anybody can sprout their opinion on a Usenet board. Hell, even attorneys are allowed to speak here! And idiots! And intelligent people! And even women, FFS!

I do think you have set yourself a rather large task if you intend to rail against all misinformation available on the net. A better way of approaching the task if you believe that people are too stupid to make their own judgements would be through educating them to make valid judgements about the quality of the information source. I look forward to your new website.

And when taking all in to account and given the medium of the Usenet, I would rate this board very highly and, indeed, have used its information myself and also recommended it to friends.

ian-mstm

None taken!


Well, now I must set the record straight. I specifically said, "I believe this is illegal in both the US and the UK." At the time this comment was written, this is what I believed. I never once intimated that it was, in fact, illegal. This is what I meant earlier when I talked about absolutes.


I stated an opinion... I did not state fact!

Anyway, you should know that I almost always get the warm and fuzzies when I read your posts! I know, deep down, that my being here annoys you and, while we can be civil to each other when the need arises (and I really am happy that your interview went well), we can agree to disagree on how we approach our participation in this forum.

Ian

Bonaventure

Thank you all for your replies -- the most helpful bit about this forum is the issues raised and thus my awareness, which is to say, I realise that everyone is giving the benefit of their experience.

Back to my question, if I may. May I confirm my understanding of the general tone of advice?

It seems that we might as well marry in the UK asap, and then apply for a K3 when we move to the US. Whether we marry here or there makes no difference on the process, as the marriage will be recognised by both countries.

Point of clarification: IF we choose to marry in the US (disregarding for the moment the notion of two ceremonies), and we will only be in the US for the ceremony (say two weeks, a month at most), would we need the K1 visa for later benefit of visas, or could Dan enter on a tourist visa? I ask only as our work schedules and family matters limit the times when we could actually travel to the US to marry -- and it seems the London office is not the quickest at issuing K1 visas.

I understand that we may encounter issues (married in UK or in US) in the future if we travel between the US and the UK.

Allison

Noorah101

Instead of the K-3, you'd be better off applying for the Immigrant Visa (CR-1) instead. You're going to be in the UK waiting, anyway...just get the visa that results in a green card upon entry to the USA.

Once you marry, you are no longer eligible for the K-1 fiance visa. It is not illegal for Dan to enter on a tourist visa while having an immigrant visa in process, but he will have to make sure and convince the POE Officer that he is not intending to stay in the USA, and bring plenty of proof of his intent to return to the UK, and his ties there.

Best Wishes,
Rene

Bonaventure

New realm -- CR-1. What sort of time line and acceptance rates does this have?! Niether Dan nor I have criminal convictions, previous marriages, children.

Ah, but of course. Thanks.

Noorah101

When one files an I-130 for a spouse, the end result is a CR-1 visa if you've been married less than 2 years. It's the Immigrant Visa (IV), and upon entry to the USA, one receives the green card within a couple of weeks.

In the old days, when the above process was taking years to complete, the K-3 was invented as a way to bring the alien spouse to the USA on a non-immigrant visa to wait with the USC spouse while the Immigrant Visa processes.

Nowadays, the IV has sped up so much that applying for the K-3 along with it is just a backup plan, in case the IV does take a little longer. But lately, they are not taking as long as they used to.

The K-3 is applied for via the I-129F petition once the I-130 petition is received and the USC has the receipt notice.

Best Wishes,
Rene

meauxna

Allison, sorry your discussion got sidetracked. I'm a USC and was living overseas with my husband. I found that when the couple wants to move to the US, the normal process is for the USC to file a petition I-130 with the US Consulate for the country where you live (London for you). Shortly after, if the I-130 is approved, the foreign spouse applies for an Immigrant Visa (in London). This visa is class CR-1, so some people call it a CR-1 visa, but it is an Immigrant Visa. That visa gives the foreign spouse permission to come to the US to live permanently and for ID, they receive what is commonly called a Green Card.

Petition--->Immigrant Visa takes about 4-6 months in London.

This process is called Direct Consular Filing or DCF by people on the internet, but that is not the official term for it. It is a much faster way to petition than filing in the US and sidesteps the need for a K-3 visa.
Green Card holders can live in the US, work immediately and travel internationally without extra permission. They are called Permanent Residents of the US (PR), Legal Permanent Residents (LPR) or similar.

We chose to get married overseas--maybe because we lived on a Greek island and didn't have family members to ferry around. But if we had wanted to, we could have come to the US to marry with my family (if they had been here) and returned to our home in Greece. As a UK citizen, my spouse (intended at the time) was eligible to enter the US under the VWP visa-free for a VISIT.

The K-1 visa is for moving to the US with the intention of immigrating on that entry. K-1 people are expected to promptly apply to adjust status to Permanent Resident, which can take from 3 months-3 years depending on where in the US you are.

Yes, there are things to be aware of when entering the US to marry a US citizen, but if you have evidence of your shared residence abroad and your plans to return, you have a good answer should there be any concern about your fiance's immigrant intent. Many people find it is easier or more advantageous to marry in the US because of the red tape -vs- marrying in the UK.
Getting married is a legitimate use of the Visa Waiver Program, provided the foreign spouse plans on leaving the US on schedule.

Many USC/other couples live overseas and are able to visit the US during this time.

Here are some resources for DCF:

DCF Guide (for US Citizens Living Overseas):
http://britishexpats.com/forum/showthread.php?t=248960
Layman's explanation of Immigrant Visas abroad.

UK Residents’ Immigrant Visa page:
http://www.usembassy.org.uk/cons_new/visa/iv/index.html
Specific instructions for London filings.

Interview Experiences for K-1, K-3, CR-1, DCF and AOS:
http://www.kamya.com/interview/
Personal stories/experiences.

Got Your Green Card? Rights & Responsibilities:
Now That You Are A Permanent Resident:
http://uscis.gov/graphics/howdoi/PermRes.htm
Information about the end result.

Where to get married, and how to do it is left up to you; getting married in the US is location-specific and there is plenty of info on the web from County clerk's websites, or whatever office issues marriage licenses in your State.
Same for the UK, you can find those rules online.

Since you don't plan to move to the US for a couple of years, my suggestion is marry when/where *you two* decide is best. I highly recommend the getting married thing; it's worked out very well for us
meauxna

Eric S.

No, you wouldn't need the K-1 visa to travel to the US for a couple of weeks
to get married. In fact, you CAN'T. The K-1 visa is for people who are
moving to the US to marry and stay. It's used in cases where the US citizen
is living in the US and wants to bring their finance over to marry and live
there.

Your fiance can just enter with his passport using the Visa Waiver program
just like any tourist. Just make sure to have proof that you're going to
return to the UK after your marriage. You'd need to convince the
Immigration officer at the point of entry that you are not intending to
marry in the US and then stay.

One other point of clarification. You can't "apply for a K3 when we move to
the US". You have to apply and receive the K-3 visa first. THEN, you use
it to move to the US.

In case you have seen it already, you may want to check out the FAQ and
other info on www.visajourney.com to see how the various visa processes
work.

Good luck.
- Eric S.


"Bonaventure" <member45500@british_expats.com> wrote in message
news:[email protected] m...
    > Thank you all for your replies -- the most helpful bit about this forum
    > is the issues raised and thus my awareness, which is to say, I realise
    > that everyone is giving the benefit of their experience.
    > Back to my question, if I may. May I confirm my understanding of the
    > general tone of advice?
    > It seems that we might as well marry in the UK asap, and then apply for
    > a K3 when we move to the US. Whether we marry here or there makes no
    > difference on the process, as the marriage will be recognised by both
    > countries.
    > Point of clarification: IF we choose to marry in the US (disregarding
    > for the moment the notion of two ceremonies), and we will only be in the
    > US for the ceremony (say two weeks, a month at most), would we need the
    > K1 visa for later benefit of visas, or could Dan enter on a tourist
    > visa? I ask only as our work schedules and family matters limit the
    > times when we could actually travel to the US to marry -- and it seems
    > the London office is not the quickest at issuing K1 visas.
    > I understand that we may encounter issues (married in UK or in US) in
    > the future if we travel between the US and the UK.
    > Allison
    > --
    > Posted via http://britishexpats.com

Bonaventure

Many thanks, everyone: Noorah, meauxna, Eric s. and all the others. I feel better prepared now; all the info was overwhelming and it is helpful to hear everyone's thoughts.
Allison