Savanna

And so the plot thickens. We have been going on this:

Steps to take:

The marriage took place in the US, so according to above, I would apply for the K-3 there? no?

We were in a bit of a pickle when he was here. Before we went to apply for settlement (which had rose from 350 to 800) we found out he had to take a life in the UK test and because we were so late, our only option was to take out a 500 pound year extension on his spouse visa (also he wasnt a resident)

The problem with that was he had been out of work for a year and couldn't claim any benefits for his family, so we were living off pennies and it was taking it's toll on us big time, specially when I found out I was expecting again. So applying for visas here just wasnt an option. He has work with his father in the US and although it is not on a daily basis (he's in construction) its enough to start saving some pennies, where as here we could barley get through a week. So sacrifices had to be made

So we had two options, stay here penniless with no job prospects and spend the last of our savings on an extension or have him go back and work with his father and get the ball rolling from that end and thats what we did. It's such a horrible and stressful situation, but just typical of my life.

I guess this is why it is wise to have a immigration Lawyer help you through the process. Either way it will be a long time before any of this takes shape.

AmerLisa

Will his father joint sponsor you and your daughter? Will you have any problem taking your daughter out of the country? Will her father allow it? You may have to go to court to gain this permission.

Savanna

Yeah, we have plenty of his relatives willing to sponsor us, his aunt is pretty well off so we are prolly going to go with her as a sponsor. As for my daughter, thats all been sorted, she's good to go.. just everything else that is holding us back lol

Michael

No. The K-3 visa isn't used much any more. Currently most use the CR-1 visa which gets you a green card when you enter the US and you can work immediately. Unlike the K-3 visa, you don't have to go through adjustment of status (AOS) when you arive in the US.

You should start a thread in the "Marriage Based Visa" forum.

Savanna

Ok, I will do, thanks.

Bluegrass Lass

You have misunderstood the K3 process. FYI, the K3 is fairly defunct and is not the best visa to apply for. Back when it used to take years for the I-130 to be approved, the K3 was a more expeditious way of reuniting split families. Now, the I-130 only takes around 5-6months, hence making the whole K3 process un-needed. To give you a brief understanding of the K3 process:

1) Hubby files the I-130 and the I-129f.
2) The I-129f gets approved and sent to the National Visa Center
3) The I-129f is then forwarded to the London Consulate. You would be sent visa documents and attend a medical and interview at the London Consulate. If approved, you would get a multiple entry K3 visa stamp in your passport.
4) You go to the US and wait until the I-130 is approved.
5) Once the I-130 was approved, then you would have two options: Go back to your home country to finish the visa process or file for your Adjustment of Status from within the US to get your greencard. If you went back to the UK, then you would be applying for a CR-1 visa (which would mean another interview at London and perhaps another medical). Upon entry to the US on the CR-1, you would then be a Permanent Res. with the right to work.

This process is defunct because this requires multiple steps, whereas the Spousal Visa (CR-1) process means you only apply for one visa one time. Further, USCIS has stated that if the I-130 is approved before (or at) the same time as the I-129f, the I-129f will be ignored and you will be processed for a Spousal Visa...thus wasting your time and money on the I-129f.

Here's a brief overview of the Spousal Visa process (so you can see it's better than the K3):

1) Hubby files the I-130
2) The I-130 is approved in 5-6months and is forwarded to the National Visa Center.
3) The NVC will ask your hubby to send in the I-864 (affidavit of support) and pay the agent fee. The I-130 and I-864 is then forwarded to London
4) London sends you the visa docs. You gather the docs, and attend a medical. Then you will attend a visa interview in London to get the CR-1 approved.
5) Upon visa approval, you enter the US and you are automatically a Permanent Resident with the right to work and whatnot from day 1.

It's worth noting that you do not have automatic right to work on a K3 visa. You will need to apply for an Employment Authorization Card (EAD) which can take about 90 days.

And by the way, no matter which path you follow, you cannot come here and live while paperwork is being processed. So if you wind up on a K3, it will be still be many months before you can legally live here.

Hopefully you can see the big difference between the two options. Please read the wiki here to understand how the processes work and why the K3 is not a good visa.

Savanna

Thanks for taking the time out to explain the difference. If we were in a position to apply right now, the I-130 would most def be the way to go, but alas, we have a lot to do before we can even apply, meaning a good 9-12 months apart.

The k-3 appeals to us since we get to be with one another as a family sooner from the date of which we apply (he's finding it really tough already)

I wont be able to work with two small kids, so thats not an issue and I have no problem going through more steps, if it means we are together.. we have a strong sense of need to be together. Does that make sense?

Bob

You do realise you'll be spending a heaped, huge, bucket ton more money in the long run going the K3 route?

And if you thought him getting his status squared away in the UK was pricey, it's peanuts compared to the cost of moving you to the US where on top you'll have medical insurance issues to worry about, a very real expense and problem considering he doesn't have a solid job.

fatbrit

What should scare you most is not just the health care but being generally the fact that being poor in the US is far worse than being poor elsewhere in the industrialized world.

Duncan Roberts

Based on processing times in London, both routes would be about the same time frame. With the k visa you will need to spend over $1000 In order to stay. CR-1 is by far the quickest, cheapest route for somebody going through London.

kins

From what you've said, it would be cheaper for him to stay in the UK, extend his visa, and go through the settlement process wouldn't it?

I'm trying to remember how much the Green Card process cost me - I'd say added all up it was a couple of thousand $$$? Then there was the cost of moving to the US, whcih was another few thousand.

Do you need Green Cards for the children? That will cost a lot too. Or are they registered as US citizens? How will you register the new baby as a US citizen without your husband there?

Sorry for all the questions - I appreciate you're in a difficult position, but it's worth thinking all of this through before you make big decisions...

Bluegrass Lass

While all of us here can understand the need to be together as quickly as possible, don't overlook the cost of one route v. the other, and the added complications of one over the other. Especially since it appears that money is going to be tight for you and the K3 is quite a bit pricier.

Ultimately the choice is up to you of course, but nobody on this forum is going to be an advocate for the K3.

meauxna

What we're trying to explain (and maybe this thread should just get moved to MB visas) .. the K-3 doesn't do what you think it will do. They almost don't issue them anymore, and certainly no faster than the Immigrant Visa (I-130 alone).

You've got some other issues to work out before you plan too far as well; it was recommended that you consult with an attorney, and that hasn't changed.

K-3, IV or whatever, you are still looking at the better part of a year before you are able to move to the US. We just want you both to have realistic expectations about what is ahead of you.

Your husband can immediately file the I-130s for you and your daughter. The other 2 need US passports.. I'm afraid that you're going to find the expenses coming this direction a lot higher than the residency papers for him in the UK.
The I-130 is a requirement for any visa type you're going to apply for; it's the first step and should probably go in ASAP while you decide the 'what next'.

JAJ

Absolutely not true.

Duncan Roberts

I mean as opposed to automatically being a UKC by being born in the UK which went out 25 years ago.