K3 help please please :)

[Marc Alfred Ducharme 0]

My Girlfriend and I are in New Zealand on a Working Holiday Visa and we want to get married and move to the US. She is Canadian. We have a pile of questions and sure would be thankful for a little help as we can not get our heads around any of it except how to fight about it Thanks so much for any answers you can provide. We have very little money and really cannot stand being apart so we want to figure out the best way to do it for us.

1) We are both in NZ right now. We'd like to get married here, apply for the K3 and continue to live here in NZ until we get accepted? Would this work?

2) Would we have to fly back to U.S for an interview? Usually, how long after the interview, would we get accepted?

3)Should we apply for a fiancee visa first, than move back to the U.S and than get married and apply for a K3? Do you have to apply for a k1 before you can apply for a k3?

4) Can she work legally with a k1? Can she work legally while waiting for a k3, if a K1 has not been requested?

5) The step by step process for a k3 is still a bit confusing to us. I think it is a 4 step process? Is that right?

Basically anyhelp would be great as you can see we are really out of sorts here and need some help. I don't want to apply for a K1 and wait to get married if it will be quicker for us to get married here and go straight for the k3?

Thanks so much for any help.

Marc

[Yodrak 7]

Marc,

Start by reading the VJ Guides and Visa FAQ, and the USCIS 'How Do I - Frequently Asked Questions'

Yodrak

My Girlfriend and I are in New Zealand on a Working Holiday Visa and we want to get married and move to the US. She is Canadian. We have a pile of questions and sure would be thankful for a little help as we can not get our heads around any of it except how to fight about it Thanks so much for any answers you can provide. We have very little money and really cannot stand being apart so we want to figure out the best way to do it for us.

1) We are both in NZ right now. We'd like to get married here, apply for the K3 and continue to live here in NZ until we get accepted? Would this work?

2) Would we have to fly back to U.S for an interview? Usually, how long after the interview, would we get accepted?

3)Should we apply for a fiancee visa first, than move back to the U.S and than get married and apply for a K3? Do you have to apply for a k1 before you can apply for a k3?

4) Can she work legally with a k1? Can she work legally while waiting for a k3, if a K1 has not been requested?

5) The step by step process for a k3 is still a bit confusing to us. I think it is a 4 step process? Is that right?

Basically anyhelp would be great as you can see we are really out of sorts here and need some help. I don't want to apply for a K1 and wait to get married if it will be quicker for us to get married here and go straight for the k3?

Thanks so much for any help.

Marc

Edited June 7, 2006 by Yodrak

[aussiewench 9]

Hi and welcome to VJ.

Yes please read the guides section on the various visas and the VJ FAQ. Here is a couple of links to get you started. All the best to you on your journey.

Understanding Your Visa Options

How Do I Bring My Fiancé(e) to the United States?

How Do I Bring My Spouse (Husband or Wife) to Live in the United States?

[Reba 2]

1) We are both in NZ right now. We'd like to get married here, apply for the K3 and continue to live here in NZ until we get accepted? Would this work?

Are you an American citizen Marc?

Getting married there in NZ and applying for K3 *may* work, but how would you fulfill the affidavit of support requirements for income and abode in the US?

2) Would we have to fly back to U.S for an interview? Usually, how long after the interview, would we get accepted?

No, if you marry in NZ, the interview will be in NZ.

3)Should we apply for a fiancee visa first, than move back to the U.S and than get married and apply for a K3? Do you have to apply for a k1 before you can apply for a k3?

No, you do not have to apply for a K1 in oder to apply for a K3. If you want to get married in the US, then you can apply for a K1, full stop.

4) Can she work legally with a k1? Can she work legally while waiting for a k3, if a K1 has not been requested?

She won't be able to work, with either a K1 or K3 until she applies for an EAD. With a K1 she can't get the EAD until she's applied for AOS after you're married. With K3 she can apply for EAD as soon as she arrives in the US. In either scenario it'll be minimum 90 days from application before she can work.

5) The step by step process for a k3 is still a bit confusing to us. I think it is a 4 step process? Is that right?

K3 process -

1) get married

2) get copy of marriage certficate

3) send petition I-130 to USCIS

4) wait for NOA from I-130 then send copy of that with petition I-129F to USCIS

5) wait some more

6) barring any RFEs, approval notice will be several months but once received a package will be sent from the US consulate in NZ with a bunch more forms

7) have medical exam

8) send forms to US consulate in NZ

9) wait some more

10) receive interview notice letter

11) have interview

12) upon successful completion of interview, move to US

No one can tell you now how long this will take, as the USCIS has recently added more processing requirements to the timeline. It may take a few months, or a year or more.

You may want to look into the possibility of DCF with the consulate there.