Combining K3 with

[MaryAshley 0]

Howdy— I'm brand new and well on my way into panicking-because-I-feel-as-though-I-should've-done-this-months-ago, I have searched the forums without much luck into our specific situation. I have looked through the guides as best I can, though I am a bit directionless at the moment. Please refer me to the appropriate threads if this has already been addressed in full, and in that case, I'm sorry to be repetitive! Having some guidance directly pertaining to our situation is of course invaluable; thanks to anyone and everyone who could help.

My partner and I met through a Camp America experience of his in the summer of 2006. He came to Texas to teach ropes work at a boys' camp where I also had been recently employed on the riding staff. I am an American citizen. He returned to the U.K. to finish his degree (which will happen in May 2009) and I have visited him each Christmas since. He has also returned to the U.S. to work each summer, including this upcoming summer. He comes to the US each summer on a J-1 visa and has begun the application process for that already. His J-1 is without the two-year residency clause (which states he must return to his home country for two years to share gained knowledge, etc.)

We have a wedding date set for 14 August 2009, a week after our camp duties have concluded. At that point, he will still be on his J-1 visa. After the marriage, it is our limited understanding that we should then apply for the K-3.

Is this correct?

If so, then my problem is this: I may be temporarily unemployed for a period because my year-long contract employment here, at camp, will have ended. I certainly will not be able to financially prove capable of supporting him on my immediate income; we have some money in savings, of course, and will have had our summer's earnings. But my contract paid job will be up.

Can I have one of my parents co-sponsor his entry? If so, how does a parent go about that process?

Is there a way for my partner to get a temporary work visa, or an EAD? Or will he have to wait months until receiving a social security number and green card?

And finally, how many others have experienced some form of a panic attack because of this process?

Any advice at all is of course so very appreciated.

[YuAndDan 153]

You could do a CR-1 visa (I-130) filing only, this will result in a GREEN-CARD upon entry.

If you wish to immediately take a Job after entry to the USA, the K-Visa is NOT the way to go.

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

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.

Parent can co sponsor by providing an I-134 for (K-Visa) or I-864 for (CR-1 visa), you would provide an I-134, or I-864 too as primary sponsor.

[pushbrk 13,066]

Howdy— I'm brand new and well on my way into panicking-because-I-feel-as-though-I-should've-done-this-months-ago, I have searched the forums without much luck into our specific situation. I have looked through the guides as best I can, though I am a bit directionless at the moment. Please refer me to the appropriate threads if this has already been addressed in full, and in that case, I'm sorry to be repetitive! Having some guidance directly pertaining to our situation is of course invaluable; thanks to anyone and everyone who could help.

My partner and I met through a Camp America experience of his in the summer of 2006. He came to Texas to teach ropes work at a boys' camp where I also had been recently employed on the riding staff. I am an American citizen. He returned to the U.K. to finish his degree (which will happen in May 2009) and I have visited him each Christmas since. He has also returned to the U.S. to work each summer, including this upcoming summer. He comes to the US each summer on a J-1 visa and has begun the application process for that already. His J-1 is without the two-year residency clause (which states he must return to his home country for two years to share gained knowledge, etc.)

We have a wedding date set for 14 August 2009, a week after our camp duties have concluded. At that point, he will still be on his J-1 visa. After the marriage, it is our limited understanding that we should then apply for the K-3.

Is this correct?

If so, then my problem is this: I may be temporarily unemployed for a period because my year-long contract employment here, at camp, will have ended. I certainly will not be able to financially prove capable of supporting him on my immediate income; we have some money in savings, of course, and will have had our summer's earnings. But my contract paid job will be up.

Can I have one of my parents co-sponsor his entry? If so, how does a parent go about that process?

Is there a way for my partner to get a temporary work visa, or an EAD? Or will he have to wait months until receiving a social security number and green card?

And finally, how many others have experienced some form of a panic attack because of this process?

Any advice at all is of course so very appreciated.

As Dan has recommended, the CR1 visa path started by filing an I-130 petition seems the best path for you based on your stated goals. You will not need to provide any financial documents with the petition itself. Those will come months later after the petition is approved. That should give you time to become employed, or yes, A parent can be the A joint sponsor for your then husband. He must not overstay his allowed time from his US entry and will need to return to the UK for a medical and visa interview. Depending on when his granted stay ends, he may need to remain outside the USA for some months.

[MaryAshley 0]

We have a wedding date set for 14 August 2009, a week after our camp duties have concluded. At that point, he will still be on his J-1 visa. After the marriage, it is our limited understanding that we should then apply for the K-3.

...

Any advice at all is of course so very appreciated.

As Dan has recommended, the CR1 visa path started by filing an I-130 petition seems the best path for you based on your stated goals. You will not need to provide any financial documents with the petition itself. Those will come months later after the petition is approved. That should give you time to become employed, or yes, A parent can be the A joint sponsor for your then husband. He must not overstay his allowed time from his US entry and will need to return to the UK for a medical and visa interview. Depending on when his granted stay ends, he may need to remain outside the USA for some months.

Could you cite any further details into returning to the U.K.? I am not seeing that on the governmental guides. It's unsurprisingly something we are trying to avoid.

Thanks.

[YuAndDan 153]

We have a wedding date set for 14 August 2009, a week after our camp duties have concluded. At that point, he will still be on his J-1 visa. After the marriage, it is our limited understanding that we should then apply for the K-3.

...

Any advice at all is of course so very appreciated.

As Dan has recommended, the CR1 visa path started by filing an I-130 petition seems the best path for you based on your stated goals. You will not need to provide any financial documents with the petition itself. Those will come months later after the petition is approved. That should give you time to become employed, or yes, A parent can be the A joint sponsor for your then husband. He must not overstay his allowed time from his US entry and will need to return to the UK for a medical and visa interview. Depending on when his granted stay ends, he may need to remain outside the USA for some months.

Could you cite any further details into returning to the U.K.? I am not seeing that on the governmental guides. It's unsurprisingly something we are trying to avoid.

Thanks.

You can only interview for a visa at the US embassy in London, visas are for entry Into the USA, so cannot be interviewed for in the USA after entry.

[pushbrk 13,066]

We have a wedding date set for 14 August 2009, a week after our camp duties have concluded. At that point, he will still be on his J-1 visa. After the marriage, it is our limited understanding that we should then apply for the K-3.

...

Any advice at all is of course so very appreciated.

As Dan has recommended, the CR1 visa path started by filing an I-130 petition seems the best path for you based on your stated goals. You will not need to provide any financial documents with the petition itself. Those will come months later after the petition is approved. That should give you time to become employed, or yes, A parent can be the A joint sponsor for your then husband. He must not overstay his allowed time from his US entry and will need to return to the UK for a medical and visa interview. Depending on when his granted stay ends, he may need to remain outside the USA for some months.

Could you cite any further details into returning to the U.K.? I am not seeing that on the governmental guides. It's unsurprisingly something we are trying to avoid.

Thanks.

You can only interview for a visa at the US embassy in London, visas are for entry Into the USA, so cannot be interviewed for in the USA after entry.

Correct and based on the intentions you described, any attempt to remain and adjust status instead of obtaining a spouse visa would be visa fraud, potentially carrying a lifetime ban from US entry. Your circumstances will require a return to the UK and he must not overstay his J1.

[colinjess 0]

i know of a woman whos now husband was in usa illegally and she married him and change status he never went home and there has been some people who have done it on here.. look in the AOS section!! i am not saying to do this because it is not the right way but there is a loop hole if you wanted to risk it