Location when applying for K-3?

[MargotDarko 0]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

Edited June 21, 2006 by MargotDarko

[zyggy 9]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

In your case, it would probably be better to DCF in London. Yes, you should take steps to keep your domicile in the US. Use the search function to find similar cases in seeing what you need to do to keep your domicile. The good news is that London is pretty flexible about the domicile issue. DCF results in getting an Immigrant Visa much faster that going through channels in the US and is better than a K-3 since the individual receives Permanent Resident Status upon their entry to the US.

[Rebster 0]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

I entered the UK on a fiancee entry clearance (visa) and then we married here. After marriage I applied for Limited Leave to Remain. You would follow the same course by entering under the UK spousal visa and then applying for LLR. Easy-peasy on this side! Believe me, the paperwork over here is a snap. We are in the final stages of the K3 process for my husband and I am on the LLR. It makes no difference to the US government.

If you are still here after 2 years you can then "upgrade" to the Indefinite Leave to Remain (ILR). If you are still here I would highly recommend getting that. With that you will have no problem filing DCF to come back to the States plus you have the added benefit of being able to go back to the UK at any time without having to re-apply for a spousal visa. (It's good to keep options open) Some people are able to DCF without the ILR, but it is pretty much guaranteed that you will qualify if you have ILR. If you only have LLR it will be at the discretion of the Embassy. Usually if the LLR applicant has been over here for more than a year they will okay it, but there is no guarantee.

As for a US home, it makes it simpler for you to file if you are not going the DCF route. If you qualify for DCF it will not be important. Remember, DCF is specifically designed for US citizens who have their place of residence within the UK.

[MargotDarko 0]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

I entered the UK on a fiancee entry clearance (visa) and then we married here. After marriage I applied for Limited Leave to Remain. You would follow the same course by entering under the UK spousal visa and then applying for LLR. Easy-peasy on this side! Believe me, the paperwork over here is a snap. We are in the final stages of the K3 process for my husband and I am on the LLR. It makes no difference to the US government.

If you are still here after 2 years you can then "upgrade" to the Indefinite Leave to Remain (ILR). If you are still here I would highly recommend getting that. With that you will have no problem filing DCF to come back to the States plus you have the added benefit of being able to go back to the UK at any time without having to re-apply for a spousal visa. (It's good to keep options open) Some people are able to DCF without the ILR, but it is pretty much guaranteed that you will qualify if you have ILR. If you only have LLR it will be at the discretion of the Embassy. Usually if the LLR applicant has been over here for more than a year they will okay it, but there is no guarantee.

As for a US home, it makes it simpler for you to file if you are not going the DCF route. If you qualify for DCF it will not be important. Remember, DCF is specifically designed for US citizens who have their place of residence within the UK.

Thanks for the reply. I didn't realise that after obtaining the spousal visa I would have to apply for anything else within the first two years. Do you have any helpful links on that?

We're hoping to move to the states in 2008. I've been living in the UK on a student visa since July 2005. So by the beginning of 2008 I'll have been a UK resident for two and a half years. I'm hoping to be able to do DCF without the long extra stay of getting ILR. Also, I found out that on ILR once I've been out of the country for two years, I'd have to pay £160 for a returning residents' visa to return to live in the UK again.

[MargotDarko 0]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

In your case, it would probably be better to DCF in London. Yes, you should take steps to keep your domicile in the US. Use the search function to find similar cases in seeing what you need to do to keep your domicile. The good news is that London is pretty flexible about the domicile issue. DCF results in getting an Immigrant Visa much faster that going through channels in the US and is better than a K-3 since the individual receives Permanent Resident Status upon their entry to the US.

Thanks for your reply! I look at the link about domicile and how it's different from being a resident. It was confusing, but it sounds like I'll maintain US domicile since my parents live in Michigan (in the same house I grew up in), I continue to receive US mail at their house in my name, and I've never intended to live permanently in the UK - just study and spend some time with Chris once we're married. Does that sound like I'm understanding the issue of domicile okay?

You say that London is pretty flexible about the domicile issue. Does that mean that the chances are there for me to maintain my US domicile but be considered a UK resident as I'll have FLR on my spousal visa and thereby be able to do DCF for Chris? Do you happen to know if I'll have to actually make the application and pay the fee for DCF in order to find out whether or not I can count as a UK resident and eligible for DCF? By the time we'd like to apply by DCF, I'll have lived in the UK for two and a half years (one year and a fews months on a student visa and the rest on a spousal visa with FLR)

Sorry if that's too many questions! It's great to find such a helpful and friendly place.

Edited June 22, 2006 by MargotDarko

[desert_fox 32]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

In your case, it would probably be better to DCF in London. Yes, you should take steps to keep your domicile in the US. Use the search function to find similar cases in seeing what you need to do to keep your domicile. The good news is that London is pretty flexible about the domicile issue. DCF results in getting an Immigrant Visa much faster that going through channels in the US and is better than a K-3 since the individual receives Permanent Resident Status upon their entry to the US.

Thanks for your reply! I look at the link about domicile and how it's different from being a resident. It was confusing, but it sounds like I'll maintain US domicile since my parents live in Michigan (in the same house I grew up in), I continue to receive US mail at their house in my name, and I've never intended to live permanently in the UK - just study and spend some time with Chris once we're married. Does that sound like I'm understanding the issue of domicile okay?

You say that London is pretty flexible about the domicile issue. Does that mean that the chances are there for me to maintain my US domicile but be considered a UK resident as I'll have FLR on my spousal visa and thereby be able to do DCF for Chris? Do you happen to know if I'll have to actually make the application and pay the fee for DCF in order to find out whether or not I can count as a UK resident and eligible for DCF? By the time we'd like to apply by DCF, I'll have lived in the UK for two and a half years (one year and a fews months on a student visa and the rest on a spousal visa with FLR)

Sorry if that's too many questions! It's great to find such a helpful and friendly place.

I dont see where you have to do anythig US wise at the moment. The only issue is getting into the US to get married. Your fiancee shoud get himself a B@ visa for the intent of going to the US to get married. Otherwise he runs the risk of being denied entry if Immigration knows that he is coming to the US to get married.

Forget about applying for US residency visa until you are ready to move to the US....a K3 will do nothing for you right now, and you arent elgible for one right now.

[meauxna 15]

London is not known for giving B visas for that purpose.

The denial can cause more trouble than it's worth. Boiler will have something positive to add to that thought, I'm sure.

I totally agree that they have nothing US-wise to do at the moment. About 6 months before they want to move to the US, they can start filing. Cross that bridge at the time. (who among us know what the drill will be in 2 years?)

[Yodrak 7]

desert_fox,

How do you figure that? A visa doesn't allow a person to enter the USA, it only gives them the opportunity to request entry - same as the VWP does. It's the CPB officer at the POE who decides whether or not entry will be allowed whether the person has a visa or not.

Yodrak

... The only issue is getting into the US to get married. Your fiancee shoud get himself a B@ visa for the intent of going to the US to get married. Otherwise he runs the risk of being denied entry if Immigration knows that he is coming to the US to get married.

...

meauxna,

I wonder if that's because a B visa is not needed for that purpose for UK citizens, the UK being a VWP participant.

Yodrak

London is not known for giving B visas for that purpose.

...

Edited June 22, 2006 by Yodrak

[meauxna 15]

meauxna,

I wonder if that's because a B visa is not needed for that purpose for UK citizens, the UK being a VWP participant.

Yodrak

London is not known for giving B visas for that purpose.

...

Yodrak,

I would imagine so.

[maria_b84 0]

Michael and I were in Italy when he applied for my K3 Visa. And everything went ok for us. So I dont sse the problem.

Maria

[desert_fox 32]

London is not known for giving B visas for that purpose.

The denial can cause more trouble than it's worth. Boiler will have something positive to add to that thought, I'm sure.

I totally agree that they have nothing US-wise to do at the moment. About 6 months before they want to move to the US, they can start filing. Cross that bridge at the time. (who among us know what the drill will be in 2 years?)

I didnt know that London didnt issue B2's for getting married and returning. Otherwise its a perfectly good reason to apply for a B2. You are honest up-front with the Consulate, he is satified and issues a B2 for a specific purpose, and makes the problem of possibly being denied entry go away.

So what do you suggest??...the VWP??

[meauxna 15]

London is not known for giving B visas for that purpose.

The denial can cause more trouble than it's worth. Boiler will have something positive to add to that thought, I'm sure.

I totally agree that they have nothing US-wise to do at the moment. About 6 months before they want to move to the US, they can start filing. Cross that bridge at the time. (who among us know what the drill will be in 2 years?)

I didnt know that London didnt issue B2's for getting married and returning. Otherwise its a perfectly good reason to apply for a B2. You are honest up-front with the Consulate, he is satified and issues a B2 for a specific purpose, and makes the problem of possibly being denied entry go away.

So what do you suggest??...the VWP??

VWP is where I would start, nothing wrong with it.

Bear in mind that holding a B doesn't eliminate the possibility of being refused entry. B & VWP are for the same purposes really---just that folks in the VWP countries have mostly obeyed the rules.

Anyway, lots and lots of people have done exactly what this gal wants to do: He arrives on the VWP, have a shmancy wedding, do the one-day British spouse visa deal ($400?) and off to jolly ole England.

There's lots of evidence ideas he can carry to confirm his plan. It's not illegal to come to the US to marry.

I realised after Yodrak's reply that you might not have considered the VWP becasue your spouse's country isn't in it. If you are dealing w/a nonVWP country, a B would be a perfectly legitimate way to come over for a wedding---didn't mean to discredit your idea.

[desert_fox 32]

London is not known for giving B visas for that purpose.

The denial can cause more trouble than it's worth. Boiler will have something positive to add to that thought, I'm sure.

I totally agree that they have nothing US-wise to do at the moment. About 6 months before they want to move to the US, they can start filing. Cross that bridge at the time. (who among us know what the drill will be in 2 years?)

I didnt know that London didnt issue B2's for getting married and returning. Otherwise its a perfectly good reason to apply for a B2. You are honest up-front with the Consulate, he is satified and issues a B2 for a specific purpose, and makes the problem of possibly being denied entry go away.

So what do you suggest??...the VWP??

VWP is where I would start, nothing wrong with it.

Bear in mind that holding a B doesn't eliminate the possibility of being refused entry. B & VWP are for the same purposes really---just that folks in the VWP countries have mostly obeyed the rules.

Anyway, lots and lots of people have done exactly what this gal wants to do: He arrives on the VWP, have a shmancy wedding, do the one-day British spouse visa deal ($400?) and off to jolly ole England.

There's lots of evidence ideas he can carry to confirm his plan. It's not illegal to come to the US to marry.

I realised after Yodrak's reply that you might not have considered the VWP becasue your spouse's country isn't in it. If you are dealing w/a nonVWP country, a B would be a perfectly legitimate way to come over for a wedding---didn't mean to discredit your idea.

Spain is a part of the VWP program.

But still, B2's are issued for special purposes. They are not for being refused entry on the VWP program.

[meauxna 15]

d'oh!

tripping over myself today.. lo siento

[zyggy 9]

Hello. I'm new here and I've been looking through the helpful guides and FAQ's. I've also searched past topics in this section. I haven't found the answer to my current worry though.

My fiance and I are going to marry in the states, apply for a UK spousal visa and return to the UK within the week. I'm American and he's British. We'll be living in the UK together while he finishes uni. We want to move to the US in 2008.

My question is - does it matter that I'll be in the UK on the UK spousal visa when I apply for the K-3 for him?

Thanks!

EDIT:

Okay, so I just saw the stuff about DCF. Does it matter that while I'm here in the UK on a spousal visa, I can still count my parents' house in the US as a home? Does that make it any easier or cheaper?

Thanks!

In your case, it would probably be better to DCF in London. Yes, you should take steps to keep your domicile in the US. Use the search function to find similar cases in seeing what you need to do to keep your domicile. The good news is that London is pretty flexible about the domicile issue. DCF results in getting an Immigrant Visa much faster that going through channels in the US and is better than a K-3 since the individual receives Permanent Resident Status upon their entry to the US.

Thanks for your reply! I look at the link about domicile and how it's different from being a resident. It was confusing, but it sounds like I'll maintain US domicile since my parents live in Michigan (in the same house I grew up in), I continue to receive US mail at their house in my name, and I've never intended to live permanently in the UK - just study and spend some time with Chris once we're married. Does that sound like I'm understanding the issue of domicile okay?

You say that London is pretty flexible about the domicile issue. Does that mean that the chances are there for me to maintain my US domicile but be considered a UK resident as I'll have FLR on my spousal visa and thereby be able to do DCF for Chris?

Yes...

Do you happen to know if I'll have to actually make the application and pay the fee for DCF in order to find out whether or not I can count as a UK resident and eligible for DCF?

Yes.. If they deny you, then you can apply for a K3//CR-1 visa stateside... they won't take your money through, they'll just tell you that you're ineigible and to file in the US. You have to realize that there is a difference between a US Citizen who is temporarily resident abroad, and a US Citizen that has completely cut off their ties and emigrated.... You need to develop evidence that you are a temporarily resident abroad. File your income taxes, keep your credit cards and bank accounts, keep voting in elections absentee, keep getting mail there, etc. Type in the word domicile in the search function to find out what ties you can keep home that could meet that...

By the time we'd like to apply by DCF, I'll have lived in the UK for two and a half years (one year and a fews months on a student visa and the rest on a spousal visa with FLR)

London typically allows USC's to file for DCF if they have been resident in the UK for more than 2 years...

Sorry if that's too many questions! It's great to find such a helpful and friendly place.

Edited June 23, 2006 by zyggy