K3 Advice

[jamiemac1988 0]

Me and my wife recently got married in the UK (I'm British) and are considering either applying for my k-3 visa now and have her move back to america and sort out somewhere for us to live when I get there or apply for her further leave to remain in the uk in order for her to work until we go back to america. We have already decided that we would move back at the end of the year so it would only bring the date forward by a couple of months. Any advice would be very welcome on what we should do

[payxibka 10,045]

Me and my wife recently got married in the UK (I'm British) and are considering either applying for my k-3 visa now and have her move back to america and sort out somewhere for us to live when I get there or apply for her further leave to remain in the uk in order for her to work until we go back to america. We have already decided that we would move back at the end of the year so it would only bring the date forward by a couple of months. Any advice would be very welcome on what we should do

Administratively speaking, no such thing as a K-3 anymore... The spousal visa option is CR/IR1.

If she is eligible, she could possibly submit the I-130 directly to the US Embassy in London (typically the fastest option), otherwise the I-130 needs be filed to the USCIS stateside

Edited March 7, 2011 by payxibka

[James And Oksana 19]

Me and my wife recently got married in the UK (I'm British) and are considering either applying for my k-3 visa now and have her move back to america and sort out somewhere for us to live when I get there or apply for her further leave to remain in the uk in order for her to work until we go back to america. We have already decided that we would move back at the end of the year so it would only bring the date forward by a couple of months. Any advice would be very welcome on what we should do

Do research on direct consular filing of your CR1. If you think you may remain together in UK, this is probably your best road. BTW, K3 is dead. CR1 get processed in about the same time as K3 so NVC will close out a K3 paperwork. Others likely will respond and can give you more information on direct consular filing.

The other option is she can come back to America and file the I-130 form and supporting paperwork. The downside is you guys will be separated during this time. She of course can come visit but that may be costly.

[Shermeen&Adam 0]

Me and my wife recently got married in the UK (I'm British) and are considering either applying for my k-3 visa now and have her move back to america and sort out somewhere for us to live when I get there or apply for her further leave to remain in the uk in order for her to work until we go back to america. We have already decided that we would move back at the end of the year so it would only bring the date forward by a couple of months. Any advice would be very welcome on what we should do

As advised, if your wife is eligable, DCF is the fastest option. Once your I-130 is accepted, she doesn't have to remain in the UK until your approval. If you so wish, she can return to the US ahead of you and get things settled there. It's a pretty straightforward process if you do your research. My husband and I are currently in the CR1/IR1 process, check out US Embassy, London and British Expats Forums both of these have been my most visited pages!

[jamiemac1988 0]

would the eligibility for the dcf start as soon as she was granted her Further leave to remain in the uk or would it start from the date when she first came in to the uk through border control

[JoannaV 174]

If your case for DCF is not sure, it is quite likely London will not accept you for DCF. Here is the information about who can file through DCF: http://london.usembassy.gov/dhs/uscis/i130filing.html Two things to note: your wife must have been in the UK for more than 6 months and she should not be on a temporary or student visa. If she arrived on a temporary visa and then gains a more permanent status it is not clear when the 6 months would be counted from. The website says from date of arrival, but it also says it will not consider those who arrived on a temporary visa. If your wife has not been in the UK for 6 months then I would advise you to just apply though SCF right now. She can do this from the UK. If SCF is slower than DCF the difference will be made up by you applying earlier than you could through DCF.

Do you have someone willing to sponsor you financially? Read about the I-864 and the income requirements. If your wife remains in the UK (and you don't have substantial savings) you will need someone else in America to agree to be a sponsor. If you cannot find someone willing to do this then she will have to return to the US and get a job before you can complete the visa process.