Just starting out . . please advise

[Mrs P 0]

Hi All,

I have recently married my Husband (US citizen) He is in North Carolina but i had to return to the UK for my child. He is my husbands step son not biological child.

I have looked at my options regarding visas and would like your guys feedback on a few matters. I am seeking advise from an attorney also but that is a week or so away and all the while i am doin nothing i feel useless and down. I am sure you can all relate to that. So . . .

I have looked at the visa options K3 and so forth and would like to know what you guys would think is the quickest route.

Is there anyway I can fly out with my son and stay to fight it from there? (I would book a flight for tomorrow if this is possible) If this is not possible . .

Would i be affected in visiting him should I apply for a visa. I know on the ESTA visa waiver form used for travel that they do ask have you ever applied for or been denied a visa. I obviously dont want to book anything just yet if i would be denied entry. (I have never had a problem with enrty so far)

I have recently filed for bankruptcy, will this affect my application? My husband does not have a bank account. Will this affect it? We are trying to get him one but he has poor credit.

I just want to know that when i apply I wont screw it up. If i got denied for any reason I dont want it to be because i was not prepared enough. I really appreciate all help and advice offered.

[Bobby+Umit 161]

Hi All,

I have recently married my Husband (US citizen) He is in North Carolina but i had to return to the UK for my child. He is my husbands step son not biological child.

I have looked at my options regarding visas and would like your guys feedback on a few matters. I am seeking advise from an attorney also but that is a week or so away and all the while i am doin nothing i feel useless and down. I am sure you can all relate to that. So . . .

I have looked at the visa options K3 and so forth and would like to know what you guys would think is the quickest route.

CR-1 would be your best bet.

Is there anyway I can fly out with my son and stay to fight it from there? (I would book a flight for tomorrow if this is possible) If this is not possible . .

Not possible, you all ready married, so coming here on the VWP is not an option. You should of stayed and AOS from here.

Would i be affected in visiting him should I apply for a visa. I know on the ESTA visa waiver form used for travel that they do ask have you ever applied for or been denied a visa. I obviously dont want to book anything just yet if i would be denied entry. (I have never had a problem with enrty so far)

When you tell them you are married to an USC, you will probably be not allowed in, but it's up to the CBP/POE.

I have recently filed for bankruptcy, will this affect my application? My husband does not have a bank account. Will this affect it? We are trying to get him one but he has poor credit.

I just want to know that when i apply I wont screw it up. If i got denied for any reason I dont want it to be because i was not prepared enough. I really appreciate all help and advice offered.

I would suggest your husband to start the CR-1 process to bring you and your son over. Talk to your lawyer and see what they say.

[Robertorr 0]

Hi All,

I have recently married my Husband (US citizen) He is in North Carolina but i had to return to the UK for my child. He is my husbands step son not biological child.

I have looked at my options regarding visas and would like your guys feedback on a few matters. I am seeking advise from an attorney also but that is a week or so away and all the while i am doin nothing i feel useless and down. I am sure you can all relate to that. So . . .

I have looked at the visa options K3 and so forth and would like to know what you guys would think is the quickest route.

Is there anyway I can fly out with my son and stay to fight it from there? (I would book a flight for tomorrow if this is possible) If this is not possible . .

Would i be affected in visiting him should I apply for a visa. I know on the ESTA visa waiver form used for travel that they do ask have you ever applied for or been denied a visa. I obviously dont want to book anything just yet if i would be denied entry. (I have never had a problem with enrty so far)

I have recently filed for bankruptcy, will this affect my application? My husband does not have a bank account. Will this affect it? We are trying to get him one but he has poor credit.

I just want to know that when i apply I wont screw it up. If i got denied for any reason I dont want it to be because i was not prepared enough. I really appreciate all help and advice offered.

Hi Mrs. P., and Congratulations on your wedding. I know exactly how you feel. Being away from loved ones, not to mention a spouse is always difficult. Alot of people here would tell you to look at the guidelines at the top of the page first, but I will tell you what I know and have found to be helpful to me.

The K-3 Visa is supposed to be the fastest way to get to the US to be with your spouse while the rest of your immigration is being processed, but the Immigration visa is the better way to go. The I-130 and I-129F petitions are generally being approved at the same time. It is also a cheaper way because you do not have to pay to adjust your status once you arrive in the US. It might take a month or so longer though, but because you are a citizen of the UK, you have the ability to travel to the US without needing a Visa. This as Im sure you know is under the Visa Waiver Program. As to what would happen if you came to the US while you have an I-130 Petition in the works, I do not know. You might want to search through VJ for forums that answer that type of question.

As to the process, I can tell you that you will need to have your husband file an I-130 Petition for you to the USCIS. This is the first step. Once the NOA1 arrives, which is your Notice of Action, you can file an I-129F Petition. This is used for a K-3 Visa. Now the waiting game begins. Because you are from the UK, it might be a little faster. Once you receive your NOA2 approval for your I-130, you can proceed with your Immigration visa.

I hope this helps, and if I can help anymore, please feel free to let me know.

Good luck and God bless.

[Dakine 26]

Go with the CR-1. K3s are dinosaurs at this time.

[chinese_mutt 11]

yep! highly suggest CR1.

As for finances, make sure your husband is 125% above poverty line. Search here for the 2009 Poverty guide.

Don't think you can wait it out in US, otherwise everybody would be doing that already.

keep logging in here and you'll learn a lot from this website.

I would likewise suggest filling out the I-130 now and sending it asap.

You'll have two weeks before you receive your Notice of Action 1 (Needed for the k3), so you'll have time to keep researching about it anyways.

I would not suggest delaying the process if your finances are okay by USCIS standard or for any minor reasons.

This process is unpredictable, some people take a year, some only 5-6 months, worse 2 years... so the earlier you file the better I should think.

Good luck to you and your hubby.. wishing you a speedy visa journey!