suzanneUK

Hi Im a British citizen and have been married to my American husband for nearly 4 years.

We have lived here in the UK during that time. A few weeks ago he was removed from the country due to a late visa application. If we cant get him back home here then how do we go about getting a visa for me to go there?

I have heard something about the Kii visa where you can apply within the US and wait for visa approval but really dont know that much about it.

Does anyone have any info on this or have been through this visa route?

Thanks all

Noorah101

Your USC husband would file an I-130 petition in the USA. After some processing in the USA, you would be sent some paperwork to apply for an Immigrant Visa. Eventually you would go to an interview in London, and if approved, you would be granted an IR-1 Immigrant Visa. Using this visa, you would enter the USA and become a Permanent Resident upon entry. This whole process takes about 8 to 10 months.

In 5 years of being a member on this forum, I have never heard of a Kii visa. You might be thinking of a K1, which is a fiance visa, but doesn't apply to you because you're married. If you were thinking of a K2, that's a non-immigrant visa for the child of a K-1 fiance visa holder, so that also doesn't apply to you either. You also might be thinking of a K3 visa, which is a non-immigrant spouse visa. A long time ago, Immigrant Visas were taking YEARS to process, so the K-3 brought a spouse to the USA in under a year, to continue waiting for the Immigrant Visa to process. If this is the one you are thinking of, it is no longer any faster than the Immigrant Visa itself, so the way to go for a spouse would be the Immigrant Visa, as described above.

Best Wishes,
Rene

suzanneUK

Hi Rene thanks for the reply ... I got the info from here ..



http://www.usembassy.org.uk/cons_new...iv/kapply.html

I should add we got married in VA

Noorah101

OK, this is the K-3 visa I mentioned.

From the link you posted (I added the bold): The nonimmigrant Kii visa, identified by the symbols K-3 (spouse) and K-4 (child).

The K-3 is no longer faster than the Immigrant Visa I described above. Some people, for various reasons, still choose the K-3 when they want to immigrate, but it has many downfalls these days, and is not necessarily a faster or better choice than following the direct route to the green card via the Immigrant Visa route.

Very basically, this is what each of those visas routes look like:

Immigrant Visa: I-130 ---> Immigrant Visa ---> Green card upon arrival in USA.

K-3 Visa: I-130 ---> I-129F ---> Non-Immigrant Visa ---> Adjustment of Status in the USA ---> Green card.

I know that doesn't make much sense to you now, but after doing some reading you'll see that the Immigrant Visa is the more direct path to what you want to accomplish, and takes the same amount of time as the indirect path.

Rene

Noorah101

It doesn't matter where you got married.

Rene

suzanneUK

Ohh I see, so infact its not a quicker way to reunite family, thats terrible it takes the same amount of time.

Why do they build up peoples hopes with a new scheme and then make them wait anyway? I hate immigration.

Noorah101

The UK website just gives you all the methods of immigrating, they don't keep track of how fast they process. The K-3 is still an option for many people coming from countries who still take years to process an Immigrant Visa, but UK isn't one of them.

The K-3 isn't really all that "new". It's been around several years, and when it was created, the Immigrant Visa process was taking 2 - 3 years to process. The K-3 brought the alien to the USA in under a year, so they could spend the remaining year or two in the USA with the family, waiting for the Immigrant Visa to continue processing.

Nowadays, USCIS has become more efficient (wow, did I just say that...lol) and the Immigrant Visas are taking only around 8 months or so to process, instead of 2 - 3 years. So this makes the K-3 a less desireable visa right now, since it's NO quicker and is a more involved process. Who knows, down the road maybe Immigrant Visas will start taking years to process again, and the K-3 will become more desireable.

You're actually lucky, your visa (K-3 or Immigrant, either one) will still take around 8+ months to process, but you get to enjoy the benefits of the better Immigrant Visa instead of the non-immigrant K-3. You're actually more fortunate than someone who was going through this just a few years ago.

Rene

Noorah101

To be fair, the K-3 *might* be a month or two faster than the Immigrant Visa. BUT, the amount of trouble it is to adjust status in the USA afterwards, in my opinion, is NOT worth it. It's far better to wait an extra month or so and get the Immigrant Visa. You get your green card as soon as you arrive in the USA, you are work and travel authorized immediately, and wont' have to deal with immigration again for 10 years or until you want to naturalize. FAR better than the K-3 where you have to spend more time and money to adjust your status in the USA and have to apply for work authorization.

Rene

Just Jenney

Just FYI that if you go for the K3 visa that Rene mentioned above, you'll have an extra step involved -- applying for your green card once you get here. This is not something you'll want to delay, so based on your husband's experience it might be best for you to go for the Immigrant Visa where you get your green card immediately.

~ Jenney

suzanneUK

Hi and thanks for all the info. My husband and I have been together 24/7 for the last 4 years so we were really just looking at the quickest way we can be back together.

Ive done so much research into immigration here in the UK that im only now thinking we may have to apply for me to go there instead. I hope it doesnt come to that but Im just looking at what options we have.

Appreciate all your help guys

Noorah101

As it stands, for you to come to the USA, the Immigrant Visa or K-3 are pretty much the only ways, and they both take around 8 to 10 months to process. You don't have a lot of options.

We're here to help if you have any questions.

Rene

suzanneUK

Hi Rene and thanks for the support.

I meant our options as in live here in the UK or go to the US

Will come back when I know more re our situation

thanks again

Rete

I don't know what visa your husband was on that allowed him to live in the UK but can't you apply for his spousal visa which I understand is very quick and very easy.

suzanneUK

Ahh long story there! He was here on a spousal visa and was applying for his Indefinate Leave to Remain but due to having the worst solicitor in the world and a mess up by the Home Office he was removed last week.

We are waiting to see if and how he can get back. Its a very long and complication story!

Folinskyinla

Hi:

He files a form I-130 immigrant visa petition with the "Chicago Lockbox." Once he receives a receipt for the I-130, he can file an additional I-129F, without fee, for an "K-3" classification. [For decades, there was only "K" and the visas were K-1 and K-2. When "K" was amended into (i) and a new (ii), the concomitant visas for (k)(ii) became K-3 and K-4 for historical continuity].

Usually, the I-130 will be approved first and the K-3 becomes irrelevant. The K-3 was added to the law when there were huge backlogs in immediate relative I-130 and was meant as a quick fix. If the I-130 goes through first, he will come on an immigrant visa and you will be done with it.