k-3 visa, move to US immediately after receiving?

[mareclar 0]

Hi everyone, I've just started to look into the visa process for my soon to be husband, and I'm pretty confused by it all. Anyway, just a little background before I ask my question. My fiance and I live in the UK; I am American and he has a Brazilian and Italian passport (don't know how that will work when we apply - he was born in Brazil, but got the Italian passport because his grandfather was Italian). We are getting married in September in the US. We will come back to live in the UK after that, though.

Our plan is to move to the US in a few years, although we do not have a set date for this. Given that we want to move in the future, would it be a good idea to start the K-3 visa process soon after we are married? Does it matter if he receives the K-3 visa but then doesn't go to live in the US for a few months/years after that? Also, I haven't been able to figure out if there are any restrictions on him leaving the US under a K-3 visa - he would need to travel quite a bit for business between the US and Europe and Brazil.

Any thoughts you can offer would be greatly appreciated! Please bear in mind that I'm quite confused about this whole process, as I actually read some of the other posts and couldn't understand everything fully!

:-) Marin

[pushbrk 13,034]

Hi everyone, I've just started to look into the visa process for my soon to be husband, and I'm pretty confused by it all. Anyway, just a little background before I ask my question. My fiance and I live in the UK; I am American and he has a Brazilian and Italian passport (don't know how that will work when we apply - he was born in Brazil, but got the Italian passport because his grandfather was Italian). We are getting married in September in the US. We will come back to live in the UK after that, though.

Our plan is to move to the US in a few years, although we do not have a set date for this. Given that we want to move in the future, would it be a good idea to start the K-3 visa process soon after we are married? Does it matter if he receives the K-3 visa but then doesn't go to live in the US for a few months/years after that? Also, I haven't been able to figure out if there are any restrictions on him leaving the US under a K-3 visa - he would need to travel quite a bit for business between the US and Europe and Brazil.

Any thoughts you can offer would be greatly appreciated! Please bear in mind that I'm quite confused about this whole process, as I actually read some of the other posts and couldn't understand everything fully!

:-) Marin

Based on your stated plan, I wouldn't do anything until 9 to 12 months before you intend to move to the US. When that time comes, file an I-130 for an immigrant visa at the US Consulate near where you are then living.

Information on that is covered in the guide for couples living abroad.

http://www.visajourney.com/forums/index.ph...om&page=dcf

Edited March 30, 2008 by pushbrk

[Reba 2]

Yeah, if you both have legal presence in the UK, then you can just petition at the US consulate in the UK. That only takes a couple of months to process, rather than the year it would take to petition thru the USCIS in the States. K3 wouldn't even need to be considered then, as you'd be petitioning and applying for the immigrant visa. He'd have a "green card" with work and travel authorization.

[Flames9_RN 358]

Yep what reba stated! Check out the DCF forum here on VJ!!

[mareclar 0]

Thanks everyone for the invaluable advice!

:-) Marin