worst case scenario - help!

[ealachan 0]

Alright, so I just got off the phone with the Embassy phone service...the one that charges you $16 just to give you an email access code...and I was told that there's something holding up the scheduling of Mark's interview, but I have to email to find out what. I've sent the email, but I've heard they don't reply too swiftly. Our wedding is planned for 8 weeks from now, and I'm panicking. Worst case scenario, if his interview is scheduled after Oct 10th (our wedding date), would he still be able to enter the country on a visitor's visa before then, be here for the wedding (though not sign the license), and then go back to the UK for his interview? Or will that not work? I'm so sick to my stomach over this. Everything went so well right along this whole process until now, and I'm so afraid that all this planning I've done and money we've spent is going to go down the tubes!

Any help anyone could suggest would be most appreciated...

[Lansbury 19]

You can enter the US on the VWP and get married and leave afterward, I did that.

Why can't he sign the license nothing stopping him because of the way he entered the US. I certainly signed our Oregon one.

[Gemmie 142]

I don't think he's allowed to leave the US after marrying. He has to adjust status and wait for the AP in order to leave again. Then again, I don't know how that works if he doesn't sign the license...

It seems risky to me. I wouldn't want to do anything that might jeopardize the outcome after waiting so long - if the IO at the interview questions his quick visit to the US just before, or if it comes out that there was some kind of wedding before the K1 was issued and used. He also risks being denied entry on the VWP or Visitors visa.

Worst case, I imagine you could contact them and let them know the date of the wedding. They have another 8 weeks to respond, I've heard they take 1-2 weeks, so hang in there.

edit - Lansbury, he's entering on a K1 which is a fiancee visa. No marriage papers are allowed to be signed because then they would have to start the process over with a spousal visa.

Edited August 12, 2009 by Gemmie

[imaisha 0]

I also would not plan on entering and "marrying" on the VWP. London can be pretty accomodating in terms of rescheduling interviews so don't worry about that until you actually have a date.

Try calling DOS (202)663-1225, press 1 then 0

Not sure how much they'll be able to tell you but they can let you know if you've been qualified for an interview or if you're missing any paperwork or if they've for some reason invented some new kind of AP to put you on even before the interview (doubtful of course).

[Chica Yeyé 41]

I see you are filing for a K-1 fiance visa. If he comes in with VWP + gets married before his interview+approval; your application would be invalid, and visa denied since you would no longer be engaged, but married --- hence would not qualify for a K-1 visa.

[ealachan 0]

I also would not plan on entering and "marrying" on the VWP. London can be pretty accomodating in terms of rescheduling interviews so don't worry about that until you actually have a date.

Try calling DOS (202)663-1225, press 1 then 0

Not sure how much they'll be able to tell you but they can let you know if you've been qualified for an interview or if you're missing any paperwork or if they've for some reason invented some new kind of AP to put you on even before the interview (doubtful of course).

I call the DOS number about once a week. I actually called today before I called the $16 number, and they are closed today for some reason. They never tell me anything except "your packet 3 was received into the system on July 14th and that no interview has been scheduled, and to call back in a week. It's super frustrating.

[Nik+Heather 121]

In general, trips to the US are no big deal, even if you are denied entry. But when you go between packet 3 and the interview, you may force them to re-review your travel history and thusly delay your visa.

I can understand how you might be stuck on your wedding date of October 10th (I'm certainly stuck to mine!!). As I was getting ready to plan our wedding, I kept saying, "Well, if we don't have the visa by then, he's coming over here for the party, so THERE!!" I understand a little more about the process, so your plan of coming over for the ceremonial bit would be a case of last resort...If you feel uncertain and panicky, have you considered selecting a different day? Can you afford to eat the cost of a reschedule?

8 weeks is still quite a while. If you stay on top of things, you may still make it. Is there anything you can do to minimize any hold-ups? Medical complete? All documents in hand, etc?

Hope things work out.

[Kathryn41 3,205]

Len is right. If you are filing for a K-1 he cannot be married to receive the K-1. If he gets married then the K-1 becomes null and void and you would have to start the visa process all over again from the beginning with a spousal visa (CR-1). Having some sort of an engagement party or reception on the date - as long as there is no ceremony that can be interpreted by USCIS as a wedding - is possible but still very risky. You cannot have any type of officiant to swear the words - and I actually doubt you would be able to find an officiant who is willing to give a 'non-legal' wedding ceremony. Your best options are either to hope you can get an interview soon - or consider putting off the date of the 'wedding'. Good luck.

[Chica Yeyé 41]

Len is right. If you are filing for a K-1 he cannot be married to receive the K-1. If he gets married then the K-1 becomes null and void and you would have to start the visa process all over again from the beginning with a spousal visa (CR-1). Having some sort of an engagement party or reception on the date - as long as there is no ceremony that can be interpreted by USCIS as a wedding - is possible but still very risky. You cannot have any type of officiant to swear the words - and I actually doubt you would be able to find an officiant who is willing to give a 'non-legal' wedding ceremony. Your best options are either to hope you can get an interview soon - or consider putting off the date of the 'wedding'. Good luck.

Absolutely agree Kathryn.

[ealachan 0]

In general, trips to the US are no big deal, even if you are denied entry. But when you go between packet 3 and the interview, you may force them to re-review your travel history and thusly delay your visa.

I can understand how you might be stuck on your wedding date of October 10th (I'm certainly stuck to mine!!). As I was getting ready to plan our wedding, I kept saying, "Well, if we don't have the visa by then, he's coming over here for the party, so THERE!!" I understand a little more about the process, so your plan of coming over for the ceremonial bit would be a case of last resort...If you feel uncertain and panicky, have you considered selecting a different day? Can you afford to eat the cost of a reschedule?

8 weeks is still quite a while. If you stay on top of things, you may still make it. Is there anything you can do to minimize any hold-ups? Medical complete? All documents in hand, etc?

Hope things work out.

I can't afford to reschedule, no. The only thing working in my favor is that I haven't sent invites out yet, but everything else has had deposits put down, etc. Ugh.

So, am I right in reading from your reply that you think he WOULD be allowed to enter the US even if he was between packet 3 and interview? We're totally find with just doing the ceremony but not signing anything official until the visa actually is granted, but it does me no good to plan on that if he gets turned around oncehe gets to Boston...lol

He hasn't had his medical done yet because he wanted to try and schedule it the same day or a day before the interview so as to only have to make one trip down to London and back. Everything else is ready to go, though. He has a copy of all the stuff I've ever sent the USCIS, he's got his police certificate (in duplicate), and he's got extra copies of all the forms we filled out from the packet 3 letter (even though he sent copies of them all in with the checklist).

Do you think the fact that we sent another whole packet 3 response 6 weeks after we sent the first one might have mucked things up somehow? It wasn't maybe 3 days after the embassy rec'd the 2nd packet 3 response from us that we were suddenly showing up in their system when I called.

[ealachan 0]

Len is right. If you are filing for a K-1 he cannot be married to receive the K-1. If he gets married then the K-1 becomes null and void and you would have to start the visa process all over again from the beginning with a spousal visa (CR-1). Having some sort of an engagement party or reception on the date - as long as there is no ceremony that can be interpreted by USCIS as a wedding - is possible but still very risky. You cannot have any type of officiant to swear the words - and I actually doubt you would be able to find an officiant who is willing to give a 'non-legal' wedding ceremony. Your best options are either to hope you can get an interview soon - or consider putting off the date of the 'wedding'. Good luck.

Our officiant has actually done so before and doesn't have a problem doing that if we need her to...but we're only using that as a worst case scenario option.

[ealachan 0]

Can anybody tell me if there'd be any point in writing a letter to my Congressperson about the situation at this point? Or is there nothing they can do about it once it gets to the Dept of State?

[imaisha 0]

Can anybody tell me if there'd be any point in writing a letter to my Congressperson about the situation at this point? Or is there nothing they can do about it once it gets to the Dept of State?

You can ask them to make an inquiry but likely the only response you'll get is that they're backed up. It might get someone to actually look at your file though. What travel date did you list? Maybe that's why they're holding off on scheduling you?

If it's possible you should really reconsider holding off on the medical. If the embassy has everything they need at the interview they might issue the visa the next day and you'd have it the next day. They say 5 business days but it's usually quicker. If they've got to wait for the medical results you'll be pushing everything back by a week. Not the end of the world but if you're really in a crunch I wouldn't put anything off. Also (and I hope this doesn't happen) if something goes wrong the day of the medical, even something that seems like no big deal like slightly elevated blood pressure, you'll want time to be able to deal with that before the interview.

Edited August 12, 2009 by imaisha

[ealachan 0]

Can anybody tell me if there'd be any point in writing a letter to my Congressperson about the situation at this point? Or is there nothing they can do about it once it gets to the Dept of State?

You can ask them to make an inquiry but likely the only response you'll get is that they're backed up. It might get someone to actually look at your file though. What travel date did you list? Maybe that's why they're holding off on scheduling you?

If it's possible you should really reconsider holding off on the medical. If the embassy has everything they need at the interview they might issue the visa the next day and you'd have it the next day. They say 5 business days but it's usually quicker. If they've got to wait for the medical results you'll be pushing everything back by a week. Not the end of the world but if you're really in a crunch I wouldn't put anything off. Also (and I hope this doesn't happen) if something goes wrong the day of the medical, even something that seems like no big deal like slightly elevated blood pressure, you'll want time to be able to deal with that before the interview.

elevated blood pressure will keep them from clearing him for a visa?! Seriously?

[imaisha 0]

elevated blood pressure will keep them from clearing him for a visa?! Seriously?

No he won't not get the visa but they'd say he has to go to his GP for a letter saying it's under control. That particular problem happened to someone here a few months ago. Most medicals turn out just fine- luckily Knightsbridge doesn't seem like they're out to get us the way other panel docs in other countries do. I just remember reading through the medical thread before my husband's appt. and freaking out reading about the problems people have had. Like admitting that you enjoy a few pints could trigger a psych eval. Little stuff like that I just wouldn't want to have to deal with on such a tight schedule. But again, most medicals go totally smoothly if you're prepared. Sorry didn't mean to scare you!