anyone ever changed embassy for k3??

[Speeditup 0]

Basially married in palestine, live in UK, husband lives in US. As far as i am aware i can only have interview in Palestine for the k3 - does anyone know if this is changeable? i.e can i get it changed so i can have k3 interview in UK?

I know my IR-1 interview will be in London but im thinking if the k3 processes faster and i get an interview date first then can i get it done in London? It is so hard to contact the embassies/consulates directly to ask.

Also if anyone has filed before for both recently, is there realistically much time difference between when either will be finished? Even 2 months quicker i feel would be beneficial then waiting for i-130, even if have to pay more in the end. I am not desperate to work as soon as i get to the US i just want to be there as soon as possible.

Thanks

[ninjarocket 1]

Even if the I-130 is processed at lightning pace through NVC (i.e. in less than a month using shortcuts), the CR/IR visa interview appointment date will still be typically about two months after that of the k3 visa (for an I-129F approved at about the same time as a I-130 by USCIS). Depending on the embassy, it's possible to have a k3 interview two or three weeks after the approval of the I-129F. On calling the consulate in Manila, we were offered a k3 interview appointment 3 weeks after the I-129F approval, but turned it down for logistical reasons and opted for an interview appointment the following month.

Some VJ members (including myself) have managed to have the I-130 paperwork reach the consulate fast enough that the CR visa can be obtained instead of a k3 visa at the time of the k3 interview, although this cannot happen if the I-129F and I-130 are in different countries.

Basially married in palestine, live in UK, husband lives in US. As far as i am aware i can only have interview in Palestine for the k3 - does anyone know if this is changeable? i.e can i get it changed so i can have k3 interview in UK?

I know my IR-1 interview will be in London but im thinking if the k3 processes faster and i get an interview date first then can i get it done in London? It is so hard to contact the embassies/consulates directly to ask.

Also if anyone has filed before for both recently, is there realistically much time difference between when either will be finished? Even 2 months quicker i feel would be beneficial then waiting for i-130, even if have to pay more in the end. I am not desperate to work as soon as i get to the US i just want to be there as soon as possible.

Thanks

[payxibka 10,045]

In what country did the marriage occur?

[Speeditup 0]

the marriage took place in palestine

[payxibka 10,045]

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

Edited October 28, 2008 by payxibka

[Speeditup 0]

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

i am asking if there is a way it can be changed

[payxibka 10,045]

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

i am asking if there is a way it can be changed

No... it must be done in the country of marriage... You can always request but don't get your hopes up....

Edited October 28, 2008 by payxibka

[pushbrk 12,883]

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

i am asking if there is a way it can be changed

No... it must be done in the country of marriage... You can always request but don't get your hopes up....

K3 and K4 are special purpose visas, only applicable when the visa can be issued in the Consular district in which the marriage took place. The exception is when the marriage took place in the USA. Then the visa is issued in the country in which the beneficiary has legal residence. I've never seen anybody get the location changed.

[Nita&Assaad 0]

Maybe you can call NVC and ask them....Embassy level can take a longer to transfer files between Embassies, but maybe for K-3 might not be able too...

Good Luck

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

i am asking if there is a way it can be changed

Edited October 28, 2008 by Nita&Assaad

[mike_2007 0]

Maybe you can call NVC and ask them....Embassy level can take a longer to transfer files between Embassies, but maybe for K-3 might not be able too...

Good Luck

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

i am asking if there is a way it can be changed

all this is not true,yes it can be change and actually i went thru this but u have to have a good reason in order to process in a third county. i am from jordan and i got married in the u.s and i live in mexico now and my visa interview is in mexico and i dont even have perminant residency status in mexico .

[pushbrk 12,883]

Maybe you can call NVC and ask them....Embassy level can take a longer to transfer files between Embassies, but maybe for K-3 might not be able too...

Good Luck

the marriage took place in palestine

Then that is where the K-3 interview should be anyway

i am asking if there is a way it can be changed

all this is not true,yes it can be change and actually i went thru this but u have to have a good reason in order to process in a third county. i am from jordan and i got married in the u.s and i live in mexico now and my visa interview is in mexico and i dont even have perminant residency status in mexico .

Since you were married in the US, the interview can be in the country of beneficiary residense. I suppose the residence need not be legal, as that is not the US's concern.

When marriages occur abroad, the Life Act requires the K3 visa be issued in country of marriage. US marriages are the exception. The OP's marriage was abroad.

[Speeditup 0]

ok thankyou for your help. Someone said somewhere that he changed his embassy and it took about a month so i am just trying to find his post again as im not sure if that was for a k3, but as far as i remember he said it was.

i just wanted more confirmation from anyone else who might know

How do i get in contact with NVC and can i ask them now about the possibilty of changing embassies (as i live in UK and am a UK citizen, i only got married whilst on vacation) even though the case is not with them yet?

Thanks

[lucyrich 20]

It's written into the law at INA 214 ( r )(2)

In the case of an alien seeking admission under section 101(a)(15)(K)(ii) who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not at the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in which the marriage was concluded.

The consulates don't have the authority to waive this section of the law. Even if they did, and if they somehow mistakenly issued you a visa in a country other than the country where the marriage took place, the inspector at the port of entry would have the legal duty to consider you inadmissible and turn you back. And if you somehow got through that hurdle, the adjudicator at your adjustment of status would have the duty to say your entry was illegal according to 214( r )(2), and therefore deny adjustment of status.

It would literally take an act of Congress to change the law that Congress wrote. It's not something that any of the officers have the authority to make exceptions for.

There's no such law regarding K-1, IR-1, or CR-1 visas. These visas can be issued at any consular post that wants to accept the case. Also, note that this law regarding K-3s only applies if the marriage happened outside the US, so if the K-3 marriage happened in the US, the K-3 visa can be issued at any consular post that will take the case.

[pushbrk 12,883]

It's written into the law at INA 214 ( r )(2)

In the case of an alien seeking admission under section 101(a)(15)(K)(ii) who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not at the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in which the marriage was concluded.

The consulates don't have the authority to waive this section of the law. Even if they did, and if they somehow mistakenly issued you a visa in a country other than the country where the marriage took place, the inspector at the port of entry would have the legal duty to consider you inadmissible and turn you back. And if you somehow got through that hurdle, the adjudicator at your adjustment of status would have the duty to say your entry was illegal according to 214( r )(2), and therefore deny adjustment of status.

It would literally take an act of Congress to change the law that Congress wrote. It's not something that any of the officers have the authority to make exceptions for.

There's no such law regarding K-1, IR-1, or CR-1 visas. These visas can be issued at any consular post that wants to accept the case. Also, note that this law regarding K-3s only applies if the marriage happened outside the US, so if the K-3 marriage happened in the US, the K-3 visa can be issued at any consular post that will take the case.

Thanks for citing the passage. Not sure why indicating the Life Act requires the visa be issued in the country of marriage wasn't good enough though.

Some just won't take no for an answer.

[Speeditup 0]

[

Some just won't take no for an answer.

you do not need to help if you do not want to, i am not forcing anyone to respnd to my questions. but in something as important as this i like clarification from a number of people - as i know people that have said they have actually gone through the process. What one person says on here seems to be not what another person says. There is nothing wrong with checking.

hmmm i wonder why people are so rude