Suggestions anyone?

[minme 0]

Hi all - new to the forum.

I have a bit of a unique situation...I couldn't find any posts with something like this.

I am an American citizen, and my fiancee is a Brazilian national currently residing in the United Kingdom.

But, she has been there longer than the 6 month allotted time. She is staying with her parents (who have been there even longer), but her father is awaiting his Italian passport. Once he receives it (which could take a long time), she will be able to apply as a dependent, and receive a visa to extend her legality in the country.

I have been researching K-1 and K-3 visas for a few months now (we got engaged in December), and I have a basic idea of how they work.

To my understanding, if she is not legal in the UK, then we cannot get married there. But, if she travels to a different country in the European Union, then she will be able to stay there for 6 months legally, and then we can get married.

She would rather not have to travel back to Brazil, and I agree, since I would have to get a visa just to get over there.

Does overstaying her visa in the UK hurt our chances of getting a K-1 or K-3?

If we get married anywhere in the EU, does she still have to return to Brazil to get the visa?

If anyone can give me any advice, I would really appreciate it...

I really was hoping I could be with her by the end of this year.

[SingleCharles 0]

Hi all - new to the forum.

I have a bit of a unique situation...I couldn't find any posts with something like this.

I am an American citizen, and my fiancee is a Brazilian national currently residing in the United Kingdom.

But, she has been there longer than the 6 month allotted time. She is staying with her parents (who have been there even longer), but her father is awaiting his Italian passport. Once he receives it (which could take a long time), she will be able to apply as a dependent, and receive a visa to extend her legality in the country.

I have been researching K-1 and K-3 visas for a few months now (we got engaged in December), and I have a basic idea of how they work.

To my understanding, if she is not legal in the UK, then we cannot get married there. But, if she travels to a different country in the European Union, then she will be able to stay there for 6 months legally, and then we can get married.

She would rather not have to travel back to Brazil, and I agree, since I would have to get a visa just to get over there.

Does overstaying her visa in the UK hurt our chances of getting a K-1 or K-3?

If we get married anywhere in the EU, does she still have to return to Brazil to get the visa?

If anyone can give me any advice, I would really appreciate it...

I really was hoping I could be with her by the end of this year.

Welcome and congratulations! This is a great place to come for advice and support.

Where are you currently residing, US or EU?

I would bet some money (won't say how much) that in the case of the K-1, the visa will have to be facilitated in her country of citizenship, Brazil.

Sorry, I have no clue on the K-3, but there are lots of helpful people here that will chime in.

Welcome again, and good luck!!

[Chuck and Grace 0]

Filing process depends on where you live.

K1 is generally a little faster, but not always.

I am not sure overstaying will hurt her ability to get a visa, but it certainly doesnt help. It is a quetion that gets ask. If you have a good reason, that will help. I think it more hurts if the overstay is in the US.

She will need a police report for all counties she has lived in more than 6 months - which could be a problem if she is there illegally.

She must interview in the country she resides in, not necessarily the country she is from. If her address is UK, she would need to interview in UK. However, I dont know if this is the case if she is residing in a country illegally. To answer you question directly, NO, she doesnt have to return to Brazil to get a visa. Visa is issued by US Gov, so it can be done at anywere the US has appropriate representation.

[pushbrk 13,065]

Filing process depends on where you live.

K1 is generally a little faster, but not always.

I am not sure overstaying will hurt her ability to get a visa, but it certainly doesnt help. It is a quetion that gets ask. If you have a good reason, that will help. I think it more hurts if the overstay is in the US.

She will need a police report for all counties she has lived in more than 6 months - which could be a problem if she is there illegally.

She must interview in the country she resides in, not necessarily the country she is from. If her address is UK, she would need to interview in UK. However, I dont know if this is the case if she is residing in a country illegally. To answer you question directly, NO, she doesnt have to return to Brazil to get a visa. Visa is issued by US Gov, so it can be done at anywere the US has appropriate representation.

For K1 or CR1 yes. If they marry abroad and take a K3 route, the visa is issued only in the country of marriage. The police report for the UK may well be a problem but the overstay in the UK otherwise is not an issue.

Edited February 5, 2009 by pushbrk

[minme 0]

Where are you currently residing, US or EU?

I am in the US

She will need a police report for all counties she has lived in more than 6 months - which could be a problem if she is there illegally.

For K1 or CR1 yes. If they marry abroad and take a K3 route, the visa is issued only in the country of marriage. The police report for the UK may well be a problem but the overstay in the UK otherwise is not an issue.

She currently is renting, but I am pretty sure that she can not say that she is residing there, since she isn't legal.

We had an idea that would involve us going to France to get married there, does anyone know if that might work?

How does the police report business work? Do they check her passport to see what countries she has been in longer than 6 months, and require them from those places?

Thanks for all of the info so far - I'm just still not too sure what the best thing to do is. I have been told that if we are already married when we apply for the K-3, there is a less chance of being denied the visa. Thoughts?

[pushbrk 13,065]

Where are you currently residing, US or EU?

I am in the US

She will need a police report for all counties she has lived in more than 6 months - which could be a problem if she is there illegally.

For K1 or CR1 yes. If they marry abroad and take a K3 route, the visa is issued only in the country of marriage. The police report for the UK may well be a problem but the overstay in the UK otherwise is not an issue.

She currently is renting, but I am pretty sure that she can not say that she is residing there, since she isn't legal.

We had an idea that would involve us going to France to get married there, does anyone know if that might work?

How does the police report business work? Do they check her passport to see what countries she has been in longer than 6 months, and require them from those places?

Thanks for all of the info so far - I'm just still not too sure what the best thing to do is. I have been told that if we are already married when we apply for the K-3, there is a less chance of being denied the visa. Thoughts?

All K3 applicants are "already married". Google will help you find out how and whether you could marry in a France or any other country where neither is a resident. Just Google "marriage in (country)". You also have the issue of her being able to enter a country. Will she need a visa? She does not need a visa to enter France.

The police reports and residence history are stated requirements. Since she'll be listing residence in the UK for more than six month on her G325a, they'll be expecting a police report.

[minme 0]

All K3 applicants are "already married". Google will help you find out how and whether you could marry in a France or any other country where neither is a resident. Just Google "marriage in (country)". You also have the issue of her being able to enter a country. Will she need a visa? She does not need a visa to enter France.

The police reports and residence history are stated requirements. Since she'll be listing residence in the UK for more than six month on her G325a, they'll be expecting a police report.

Based on the information I have found, I believe she is allowed to legally stay in the EU 3 months legally without a visa, and she was allowed to stay in the UK only for 6 months legally. So, she could go to France for 90 days.

Regarding marriage in France, there are a few regulations: one person must reside there for 40 days, and a local posting of the marriage must be made 10 days before the marriage.

What does the police report list? Does it state if there have been any crimes committed by the person?

[pushbrk 13,065]

What does the police report list? Does it state if there have been any crimes committed by the person?

Yes, that's the purpose.

[SingleCharles 0]

I think the best thing is to resolve the illegal issue first, in whatever expeditious way you can. This is going to be a thorn in your plans. The sooner it is resolved, the better it looks for your fiancée. Once you get that resolved, happy wedding planning to you both!

Let us know how it turns out.

[Chocolot 0]

Hi all - new to the forum.

I have a bit of a unique situation...I couldn't find any posts with something like this.

I am an American citizen, and my fiancee is a Brazilian national currently residing in the United Kingdom.

But, she has been there longer than the 6 month allotted time. She is staying with her parents (who have been there even longer), but her father is awaiting his Italian passport. Once he receives it (which could take a long time), she will be able to apply as a dependent, and receive a visa to extend her legality in the country.

I have been researching K-1 and K-3 visas for a few months now (we got engaged in December), and I have a basic idea of how they work.

To my understanding, if she is not legal in the UK, then we cannot get married there. But, if she travels to a different country in the European Union, then she will be able to stay there for 6 months legally, and then we can get married.

She would rather not have to travel back to Brazil, and I agree, since I would have to get a visa just to get over there.

Does overstaying her visa in the UK hurt our chances of getting a K-1 or K-3?

If we get married anywhere in the EU, does she still have to return to Brazil to get the visa?

If anyone can give me any advice, I would really appreciate it...

I really was hoping I could be with her by the end of this year.

If she leaves, will she then be able to reenter? I think this is a question that needs to be resolved.

an immigration lawyer, a good one, may be more knowledgeable

[minme 0]

I think the best thing is to resolve the illegal issue first, in whatever expeditious way you can. This is going to be a thorn in your plans. The sooner it is resolved, the better it looks for your fiancée. Once you get that resolved, happy wedding planning to you both!

Let us know how it turns out.

If she goes to France, is that a good temporary resolution? Also, can she still get a police report from the UK? How?

If she leaves, will she then be able to reenter? I think this is a question that needs to be resolved.

an immigration lawyer, a good one, may be more knowledgeable

Had she been there for less than 6 months, I think she would be able to reenter after a year. But, since she has overstayed, she might not be able to.

[lucyrich 20]

If you go the K-3 route, and marry outside the US, the law says that the interview may only take place in the country where the marriage happened. If the marriage happens in a country that won't let her return for the interview, then she simply can't get the K-3 visa. So be careful where you get married.

There's no such restriction on the CR-1 or K-1 visa (obviously not on K-1 -- at the time of the interview, the marriage hasn't happened yet). She can get a CR-1 visa or K-1 visa at any consulate which will accept her case. Consular rules vary, but generally any of them will accept a case from someone who is a citizen of that country, or who has some sort of legal permission to reside there. Most consulates won't accept cases from someone who is a temporary visitor or illegally present. But some may, so you really do have to check with the consulate to be sure.

For a K-3 case, a consulate has to accept a case of anyone who actually married in the country where the consulate is located. For the K-3, you don't have the problem of getting the consulate to accept the case, but you DO have the problem that the French government is under no obligation to let her re-enter France just because she married there and needs to get to Paris for her visa interview.

[minme 0]

If you go the K-3 route, and marry outside the US, the law says that the interview may only take place in the country where the marriage happened. If the marriage happens in a country that won't let her return for the interview, then she simply can't get the K-3 visa. So be careful where you get married.

There's no such restriction on the CR-1 or K-1 visa (obviously not on K-1 -- at the time of the interview, the marriage hasn't happened yet). She can get a CR-1 visa or K-1 visa at any consulate which will accept her case. Consular rules vary, but generally any of them will accept a case from someone who is a citizen of that country, or who has some sort of legal permission to reside there. Most consulates won't accept cases from someone who is a temporary visitor or illegally present. But some may, so you really do have to check with the consulate to be sure.

For a K-3 case, a consulate has to accept a case of anyone who actually married in the country where the consulate is located. For the K-3, you don't have the problem of getting the consulate to accept the case, but you DO have the problem that the French government is under no obligation to let her re-enter France just because she married there and needs to get to Paris for her visa interview.

That's really helpful - thanks!

So I guess the right question for me is: If she is illegally in the UK, does that mean that she is illegally in the EU?

Another words - If she goes to France for us to get married, then leaves to stay with other relatives (not in UK), can she return? IE "country hop"

The only information that I found out about this was here regarding the Schengen Agreement...

[minme 0]

Anyone have any ideas?

[SingleCharles 0]

Anyone have any ideas?

I googled "visa expired in uk". The google ball rolled out that it could be a one way ticket for your fiancée leaving the UK- the overstay might present problems when she tries to enter the UK again. Where is she going to go if she is denied entry back into the UK? I suggest that you contact the appropriate authorities in the UK (maybe UK Immigration Visa) and ask them what you need to do next.

Good luck and let us know what they say.