Couple questions before we file for a K3

[emcc 0]

Hi everyone,

I live in Belgium and got married last month to a US citizen. We've known each other for 2 years now and we really want to get this long distance thing over as soon as possible.

We're going to start filing for the K3 visa around the end of November, before we do we have a couple of questions just to be sure about to expect.

My husband is flying over here in a week, he desperately wants to try and go to the US consulate/embassy in Belgium to find out if we can get a visa for me there (supposed to be quicker and cheaper, someone even said they can get it done in 48 hours, is any of this true? I find it very hard to believe). Anyway that's the reason we're waiting on filing the paperwork for the K3 (Is this stupid, should we file before he leaves?)

I was planning on being there by Christmas, just leave on a tourist visa until the paperwork is all good and ready. Is this a bad idea?

I thought that if I just stay there, and file for all the papers, and then at the end I guess you have to cross a border to get your papers stamped? Do you have to be coming from the country you live in. So would I be able to fly to Belgium and when coming back into the us get my papers stamped? Or would simply driving up to Canada and crossing the border there suffice?

I know legally it's not the 'right way' to do it, but it would just make everything so much easier for me (as I don't really have a place to live in Belgium for that much longer). The question is not so much 'is it right?' but 'is it possible?'.

How far into the K3 process (I'd like to measure in months, cause I haven't quite figured out all the paperwork-stuff yet) would I be allowed to work in the US? And what about legally being allowed to live there?

I think those are the only things I wanted to ask for now, if I think of anything else Ill post, if you guys have any tips or thoughts, please share

Thanks

[YuAndDan 153]

Firstly, your husband will have a problem, US consulates require the US citizen to be resident in the foreign country for 6 months or more before they can file for a spousal visa at the consulate.

Yes you can visit while visa is being processed, THIS IS FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 (Applies to all visas)

NOTE K-3 is NOT work authorized so you WILL have a 3 month or longer period where you WILL not be able to do much after entry to the USA. If you wish to work shortly after entry, then strongly consider CR-1 visa.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[emcc 0]

No not having a DL or EAD shouldn't be that big of a problem.

It'll be boring but not as bad as sitting here alone.

Is the CR1 only issues in JFK? Or am I remembering that wrong? Is it something I can just get at any border?

[YuAndDan 153]

No not having a DL or EAD shouldn't be that big of a problem.

It'll be boring but not as bad as sitting here alone.

Is the CR1 only issues in JFK? Or am I remembering that wrong? Is it something I can just get at any border?

JFK issues an EAD stamp to K-1 visa holders as a curticy to help the K-1 when they apply for SSN.

Some states require SSN before issuing marriage licenses to K-1 visa holders, having EAD stamp helps deal with some SSA officers when applying for SSN. EAD stamp is only valid for 90 days after entry on K-1.

CR-1 gets an I-551 stamp at ALL POE. The I-551 = GREEN-CARD.

[emcc 0]

Ok CR 1 it is then!

Will I have to fly back to Belgium at any time? Or can everything be done from without the US (with the exception of having to cross a border)?

[MargotDarko 0]

Ok CR 1 it is then!

Will I have to fly back to Belgium at any time? Or can everything be done from without the US (with the exception of having to cross a border)?

The visa interview (the last stage of the process) will be in Belgium. You can visit the US but you cannot live in the US until you have the visa after the interview in Belgium.

Your original post makes it clear that you haven't learned yet how long and stupid the process is. Unfortunately, it is a really long and stupid process. It is very important that you don't attempt visa fraud though, because that results in very serious trouble, including being banned from the US. Most of the things you suggested in your post would be illegal.

Is there any possibility of your husband living with you in Belgium for a while? That is the only way to not be separated for several months during the process.

[MargotDarko 0]

Also, you mention "crossing a border" - presumably you're talking about going to Canada or Mexico and then back into the US. That doesn't do anything to help. When you visit on the visa wavier programme, you cannot extend your visit past 90 days by visiting Canada or Mexico and then returning to the US.

[emcc 0]

Ok CR 1 it is then!

Will I have to fly back to Belgium at any time? Or can everything be done from without the US (with the exception of having to cross a border)?

The visa interview (the last stage of the process) will be in Belgium. You can visit the US but you cannot live in the US until you have the visa after the interview in Belgium.

Your original post makes it clear that you haven't learned yet how long and stupid the process is. Unfortunately, it is a really long and stupid process. It is very important that you don't attempt visa fraud though, because that results in very serious trouble, including being banned from the US. Most of the things you suggested in your post would be illegal.

Is there any possibility of your husband living with you in Belgium for a while? That is the only way to not be separated for several months during the process.

No sadly thats not an option. I think we're just going to get everything started and see what happens.

Also, you mention "crossing a border" - presumably you're talking about going to Canada or Mexico and then back into the US. That doesn't do anything to help. When you visit on the visa wavier programme, you cannot extend your visit past 90 days by visiting Canada or Mexico and then returning to the US.

No that question was based on getting the stamps after the whole process is done. Not to 'renew' a tourist visa.

[MargotDarko 0]

Ok CR 1 it is then!

Will I have to fly back to Belgium at any time? Or can everything be done from without the US (with the exception of having to cross a border)?

The visa interview (the last stage of the process) will be in Belgium. You can visit the US but you cannot live in the US until you have the visa after the interview in Belgium.

Your original post makes it clear that you haven't learned yet how long and stupid the process is. Unfortunately, it is a really long and stupid process. It is very important that you don't attempt visa fraud though, because that results in very serious trouble, including being banned from the US. Most of the things you suggested in your post would be illegal.

Is there any possibility of your husband living with you in Belgium for a while? That is the only way to not be separated for several months during the process.

No sadly thats not an option. I think we're just going to get everything started and see what happens.

Also, you mention "crossing a border" - presumably you're talking about going to Canada or Mexico and then back into the US. That doesn't do anything to help. When you visit on the visa wavier programme, you cannot extend your visit past 90 days by visiting Canada or Mexico and then returning to the US.

No that question was based on getting the stamps after the whole process is done. Not to 'renew' a tourist visa.

About "getting the stamps" - do you mean getting the visa stamped to activate it? You'll need to be in Belgium to get the visa so the visa will get stamped when you move to the US after the interview. I'm sorry if I'm necessarily saying or explaining anything.