I-130, K2, or K1 (again)?!?
 

Though it's embarressing to admit, I've just totally scuppered my visa chances. My US fiancee sent in the original petition last May, it took 5 months for approval (a case of 'we didn't get form x, oh sorry, yes we did, oops!') and I duly received my package and sent off the DS-230 and went about gathering documents. The problem is, that as a teacher, I thought I'd wait a while. I didn't want an interview coming up too soon and have to run out on my class mid-term for that wonderful new life in California. So I waited three months. Now I call the US Embassy in London and find out that the application time limit has expired, my case number has been cancelled and that's it, back to square one!

Now whilst I totally accept the blame for allowing this to happen, I'm at a loss to figure out what to do next. My fiancee is currently studying in London. Which would be the quickest option now? To repeat the whole K1 fiasco with another I-129F petition, or just get married and apply for an I-130 in person at the Embassy?

Any advice much appreciated.

Red-faced and despairing,

James

Re: I-130, K2, or K1 (again)?!?
 

Hello

I am an Immigration Attorney practicing in San Francisco. All K-1s, as you found out the hard way are valid for a 90 day period. If you need an extension you would have to go to the US Embassy in London with a good reason for the extension otherwise the validity period will lapse.

As for the question of whether to file for another K-1 or file an I-130 - this would depend on how long your USC girfriend intends to stay in the UK. If she will be in the UK for a while, you may be better off filing the I-130, and then file for a K-3 petition.

The K-3 was enacted into law last year to ameliorate the absurdity that spouses of US Citizens who marry abroad have a difficult time joining the USC spouse in the US due to the extensive delays in the processing of I-130 petitions. As someone who is married to a USC, you are also not likely to be able to obtain a Visa Waiver (90 day) or a B-1/B-2 since you would have difficulty proving "nonimmigrant intent"

The K-3 petition enables someone who marries a USC abroad and is the beneficiary of an I-130 petition filed on his/her behalf, to file for and obtain a K-3 Nonimmigrant visa which will enable the K-3 visa holder to live in the US while awaiting the adjudication of the I-130.

The K-3 would also give you valid status in the US, thus enabling you to file for an I-485 Application to Adjust Status - thereby obviating the need to return to the UK to appear for an immigrant visa interview at the US Emabssy.

If you would like professional assistance with any of the above, please feel free to contact me.

Re: I-130, K2, or K1 (again)?!?
 

James, the immigration attorney has not given you the whole story. Don't blame him, he might not know.

If your fiance has residence status in the UK (probably does, in order to study there), the *quickest* (and IMO best) way to get you to the US as a Perm. Resident (Green Card) is to marry in the UK, file your I-130 at the London US Embassy (Consulate, really) and apply for an Immigrant Visa AT the Embassy. Londoners report this take 3-6 months to complete (average 4) and upon entry to the US, you will receive stamp I-551 in your passport and your Green Card will be in the mail to you shortly. You DO NOT file for AOS, EAD, AP etc etc and drag the thing on for years. You DO go straight to the Social Security office, apply for your number and get job shopping. Sublime.

You can learn more at the news group alt.visa.us.marriage-based *after* reading about DCF (Direct consular Filing, which is not an official INS term) at this site:
http://www.mindspring.com/~docsteen/...o/visainfo.htm

My husband and I completed this procedure in Athens, Greece while I was temporarily resident there (he is a UKC) and returned together to the States. Our total time *porcessing* was 33 days. Please investigate whether you qualify for this speedy option before you file another fiance visa or K3 as they will ensure you a lengthy seperation.

To help you with planning, once received, you have 6 months to activate the visa, as you would've with the K1. But, you're ready to move on now!
Best luck.

PS: the US London Embassy's website spells things out really well too: (no link handy)

edited to add: yeah, the attorney might know about this option, but of course he wouldn't make a fee from it. This is totally a DIY project, barring any medical or legal complications in your past or present. Reading the doc steen site will inform you.

Thanks, Meauxna , that's just the kind of good news I'm looking for. I've saved your e-mail for future reference should it be needed. But it looks like things might not be as desperate as I previously thought. I spent a couple of days phoning and e-mailing the consulate and explained the situation, took full responsibility for the problems and duly begged forgivness, and being the great people that they are they said, "okay, okay, just send in what you've got so far", and I did. Just need my police certificate and to get my I-134 back from my fiancee's parents and all's set. Who would have thought that honesty really is the best policy. Thank you US Embassy people, thank you.