burrenbabe

Hi everyone,

My story so far...

I met my boyfriend via the internet, after a relationship of almost 2 years we want to get engaged and then married. We have a good record of our relationship for immigration purposes and it truely is a legitimate relationship. I would like to get married in the UK in a civil ceremony and then after moving to the USA have a religious ceremony because my boyfriend would like that. I have a daughter from a previous relationship but her father has no contact with her or me and I am her sole guardian.

We have made enquiries, including visiting 3 different lawyers to get advice on which route to take in order to get to the USA and live there. However we are still undecided as to the best route to take. We had more or less decided on the marriage visa K3 but then after speaking with another lawyer thought of the fiancee visa. I think we are now back to the marriage visa but I have a few questions that I hope someone can help me with.

If we get married here (UK - NI), then apply for a K3 visa and a K4 for my daughter, we believe that this should be processed in roughly 6 months, is that the case?

When I apply for the K3/4 we also need to apply for a greencard at the same time and this takes longer to process - is that true?

When the K3/4 comes through I can go to the USA and stay there with my (then) husband and await the greencard?

I CANNOT apply to work until I arrive in the USA, and that could take up to 3 months after arriving in the USA?

We had also thought that we could get married here (UK), apply for the greencard and K3/4 and if I needed to go to the USA to sign paperwork or have interviews etc I could do that but then return to here until the visas and work permits or at least the work permit came through, and keep my job here (so I could still earn money) does anyone know if that is possible or when on a K3/4 visa in the USA do I have to stay there until the other visa comes through?

I am keen to know if there is ANY way round having to wait the 3 months on a work permit as I would like to get to work there asap since my boyfriend is a teacher and his earnings aren't great?

The last scenario we had thought of is to get married, apply for the K3/4/greencard and while waiting on the k3/4 to come through just try and save enough money to cover living expenses for me and my daughter for the time it takes the work permit to come through, until I can work there?

We don't want to go the route of me flying over as a tourist/visitor and then get married after the 60 days and apply for the greencard - we don't want to risk that route.

I hope someone can help with this - the site seems great and I have read several threads/forums.

Thanks

Rete

Unless you have a court order giving you complete jurisdiction over your daughter and the ability to relocate her outside of the UK, then you will still need the father's consent to do so.

Quote:

If we get married here (UK - NI), then apply for a K3 visa and a K4 for my daughter, we believe that this should be processed in roughly 6 months, is that the case?

When I apply for the K3/4 we also need to apply for a greencard at the same time and this takes longer to process - is that true?

Might be longer than 6 months what with the new regulations in place mandated by the Adam Walsh Act, especially since a child is involved.

No, you do not apply for the green card, actually apply for adjustment of status, until you are here in the US and your I-130 has been approved by the service center. That process could be from six months to ____ years (after entry on a K-3)... it all depends on whose filing jurisdiction you live in.

Quote:

When the K3/4 comes through I can go to the USA and stay there with my (then) husband and await the greencard?

Yes, see above.

Quote:

I CANNOT apply to work until I arrive in the USA, and that could take up to 3 months after arriving in the USA?

Yes, and it can take up to 6 months to occur. You enter the US, file the I-765 and then wait for a biometrics appointment and then it is 90 days from the date of the biometrics. In theory, if the EAD is not received by the 91st day you can get an interim EAD. Note the "in theory" comment. It doesn't happen often that a district office will issue an interim EAD regardless of what the law says.

Quote:

We had also thought that we could get married here (UK), apply for the greencard and K3/4 and if I needed to go to the USA to sign paperwork or have interviews etc I could do that but then return to here until the visas and work permits or at least the work permit came through, and keep my job here (so I could still earn money) does anyone know if that is possible or when on a K3/4 visa in the USA do I have to stay there until the other visa comes through?

I'm not trying to be mean or harsh but you have consulted three immigration attorneys and still you do not have a grasp of what is entailed in the K-3 visa process.

Get married in the UK; while your husband is there for the wedding he can bring the paperwork with him and you both can complete everything at that time so that he has your signature and you have his on the appropriate paperwork.

When you enter the US with the K-3 you need to apply for your EAD (see above).

You will be staying in the UK until the K-3 interview occurs and you and your daughter are approved. You should not attempt to visit the US unless you are willing to be turned around and returned to the UK at the port of entry. The onus would be on you to prove to the agent that you have no intention of entering the US and remaining without the proper visa.

Once you have entered the US with a K-3 you can leave if you choose. The K-3 gives you the right to leave and return for the validity period of the K-3. Although the K-3 was instituted to allow spouses to live together in one country, it is, of course, your right to not to use it for that purpose. In fact since you don't intend to remain in the US until your EAD and/or green card petitions are approved, why not just forget about the K-3 altogether and remain in the UK while your I-130 is pending and then follow through with the IR Visa which allows you to enter the US as a permanent resident.

The green card is not involved in this process at all. It is a separate process and you must wait until the I-130 is approved before you can file the paperwork for the adjustment of status for yourself and your daughter.

Quote:

I am keen to know if there is ANY way round having to wait the 3 months on a work permit as I would like to get to work there asap since my boyfriend is a teacher and his earnings aren't great?

The last scenario we had thought of is to get married, apply for the K3/4/greencard and while waiting on the k3/4 to come through just try and save enough money to cover living expenses for me and my daughter for the time it takes the work permit to come through, until I can work there?

We don't want to go the route of me flying over as a tourist/visitor and then get married after the 60 days and apply for the greencard - we don't want to risk that route.

I hope someone can help with this - the site seems great and I have read several threads/forums.

Thanks

I'm sorry to hear that your husband is a teacher in a poor area of the US where salaries are not sufficient for a family to live on. That is really a disgrace. I guess we are fortunate in my area of the NE where a teacher's starting salary is over $35,000 and increases yearly. While not a lot of money, it is sufficient for a family of three since the healthcare, dental and vacation benefits are so good due to the CSEA union.

As for your not wanting to go the VWP, Marry, Remain Route, you are very wise since you have expressed your intent and the USCIS would not have a difficult time in proving (if they choose to) what your intent at the POE truly was.

Noorah101

I'm wondering why the OP is even focusing on the K3/K4 route at all. The I-130 process which leads to an Immigrant Visa seems to be just as fast as the K3 these days, if not faster. That way, the OP will enter the USA and become a PR upon entry, will have work authorization immediately, and will get the green card stamp upon entry to the USA. I am very surprised none of the 3 attorneys suggested this route!

But yes, it could take longer than 6 months, especially with the new security checks involved. However, pursuing the Immigrant Visa instead of the K3 does alleviate the 3-month waiting period for work authorization, once in the USA.

Rene

Rete

Definitely agree as I said in my initial response to the OP. To anyone for who the issue of future employment is a "must" then there is no contest between the Immediate Relative Visa and the K-3. The IR visa is the hands down winner for those from the UK or other first world nations. Might not work for the Middle East but will work out timewise for the better for UK residents.

AJP1

To summarise your options, burrenbabe:

Option 1) Have your intended apply for a Fiancee visa (I-129F Application/K1 Visa) for you and get married in the USA. There are various posts on this board that indicate that a K1 visa holder does have entitlement to work immediately, although it seems that only New York actually puts the stamp in the passport and you might have to ask for it. Without it, the same application for employment authorisation would be needed (about 3 months).

Option 2) Get married in NI and apply for the K3 . The K3 process could take up to a year, realistically and once you get to the US you would then have the 3 month wait for employment authorisation, unless they speed it up by then. When you get to the US you would file for Adjustment of Status to start the process toward becoming a permanent resident (Green Card).

Option 3) Get married in NI and submit an I-130 for the IR1 visa as the spouse of a US citizen. Historically, this took significantly longer than the K3 although now it seems that they take roughly the same time at phase 1 (although the I-130 has an extra stage at the National Visa Center which can take an extra 3 months before you finally get the visa). As Noorah says, the major benefit of this is that once you got to the US you could work from day 1 and would be a permanent resident.

Option 4) might be called the safe option! Get married in NI and submit BOTH the K3 application and the I-130/IR1. If they get approved in roughly the same amount of time, you have a choice - go over on the K3, apply for employment authorisation, and wait (either adjusting status in the US as in 2 above, or coming back to the UK to complete the I-130 when it is ready, or even coming back to the UK to work in the meantime); or stay here and finish the I-130 before going and be able to work straight away.

There is some uncertainty over processing times for the I-130 at the moment due to the new legislation Rete has already mentioned, which is why I say this is probably the 'safe' option, keeping maximum options open for as long as possible - if you can afford to submit both applications that is.

Hope this helps. But, the usual caveat, I'm not a lawyer, just a fellow traveller, so this is not legal advice!

burrenbabe

[QUOTE=Rete;4341681]Unless you have a court order giving you complete jurisdiction over your daughter and the ability to relocate her outside of the UK, then you will still need the father's consent to do so.

[COLOR="Blue"]Her father NEVER had ANY claim on her because we were never married or even living together. His name is not on her birth cert either.[/COLOR]

... mean or harsh but you have consulted three immigration attorneys and still you do not have a grasp of what is entailed in the K-3 visa process.

"]......Thats because almost everyone we have spoken to has given us different/varying stories as to how we go about this, even though marriage is supposed to be the easiest option.[/FONT]

Thank you so much for the advice so far - I really appreciate it - it has been clearer that anyone else I have spoken to - and I would like to extend my thanks to all who have replied so quickly!

ian-mstm

Quote:

Originally Posted by burrenbabe

Her father NEVER had ANY claim on her because we were never married or even living together. His name is not on her birth cert either.

Yah... unfortunately, for immigration purposes this is largely irrelevant.

Ian

Englishmum

As a matter of interest - if the biological father has never had any contact with the child - perhaps never even set eyes on the child, never paid maintainence, is not named on the birth certificate, then why should this prevent the mother emigrating with her child overseas, including the USA?

What if the mother had a one-night stand, for example and is unable to track down the biological father? There must be many cases where this is the scenario.

scrubbedexpat099

And how would they prove this to the satisfaction of the Consulate.

An interesting conundrum.

ian-mstm

Why? Because the biological father can assert his rights at any time.


Well, this is certainly a possibility... but that doesn't eliminate his rights.

Ian

Englishmum

Unless the law has recently changed, if the biological father is *not* named on the birth certificate in England & Wales, he has no rights whatsover regarding the child if he was *not* married to the mother. A mother can apply for a passport for the child and take the child overseas for a holiday or permanently and there is nothing the father can do about it if the child was illegitimate.

On the other hand, if the mother applies to the CSA for maintainence for the child (for example if he abandoned his pregnant girlfriend and wanted to play no part in acknowledging the child) I understand that the father can be ordered to have a DNA test to prove paternity: this is so the child is not fully supported on public funds.

Not all mothers choose to claim maintainence however, as they wish to have nothing to do with the father and can support their child on their own.

Obviously the US has a different take on it re; the father's 'rights' and for immigration purposes.