Warning: Newbie Without A Clue

[razi 0]

Hello,

My name is Razi, and I'm a US citizen (from birth) who has just married a citizen of the United Kingdom. Our wedding took place here in the States a few weeks ago and I have remained here since. He is now back in the UK because we had intended for me to move to England - but upon further consideration we want to settle here.

Hopefully someone here will be kind enough to answer a few painfully basic questions:

1. Someone told me that because my husband did not come here on a Fiancee visa, our marriage is invalid. Yikes! Is this true? We married here because it would help me to fastrack a move to the UK, and when we explained our situation to the city clerk's office (when we applied for the license in New York City), they said we didn't need a special visa to go through with the ceremony here. The judge who performed the nuptials also seemed unphased.

2. Assuming our marriage is valid, I read the following on the US Dept of State website:

"It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place. After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case."

Okay, so does this mean he has to come here to the US to apply for his visa, or should he do it in London?

3. Which visa should we apply for, a K-3? The London consulate website suggests a B-2 ... whatever that is.

4. I live at an almost exact center-point between two ASC offices. One is in another state but it is an easier drive. Must I use the one in my own state?

5. Can I go to the ASC office for an informational visit, without submitting my form that day?

Thanks in advance for your help. All comments and advice are most welcome! I can already see that the US system is much tougher than in the UK, but if this turns out as hoped then I think it's the right choice for the long haul.

Glad to have found this site. Nice to meet you all.

Namaste,

Razi

Edited July 27, 2006 by razi

[CutienPurg 0]

Hello,

My name is Razi, and I'm a US citizen (from birth) who has just married a citizen of the United Kingdom. Our wedding took place here in the States a few weeks ago and I have remained here since. He is now back in the UK because we had intended for me to move to England - but upon further consideration we want to settle here.

Hopefully someone here will be kind enough to answer a few painfully basic questions:

1. Someone told me that because my husband did not come here on a Fiancee visa, our marriage is invalid. Yikes! Is this true? We married here because it would help me to fastrack a move to the UK, and when we explained our situation to the city clerk's office (when we applied for the license in New York City), they said we didn't need a special visa to go through with the ceremony here. The judge who performed the nuptials also seemed unphased.

2. Assuming our marriage is valid, I read the following on the US Dept of State website:

"It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place. After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case."

Okay, so does this mean he has to come here to the US to apply for his visa, or should he do it in London?

3. Which visa should we apply for, a K-3? The London consulate website suggests a B-2 ... whatever that is.

4. I live at an almost exact center-point between two ASC offices. One is in another state but it is an easier drive. Must I use the one in my own state?

5. Can I go to the ASC office for an informational visit, without submitting my form that day?

Thanks in advance for your help. All comments and advice are most welcome! I can already see that the US system is much tougher than in the UK, but if this turns out as hoped then I think it's the right choice for the long haul.

Glad to have found this site. Nice to meet you all.

Namaste,

Razi

[gwenneh 7]

1. Someone told me that because my husband did not come here on a Fiancee visa, our marriage is invalid. Yikes! Is this true? We married here because it would help me to fastrack a move to the UK, and when we explained our situation to the city clerk's office (when we applied for the license in New York City), they said we didn't need a special visa to go through with the ceremony here. The judge who performed the nuptials also seemed unphased.

Your marriage is valid. NO worries!

2. Assuming our marriage is valid, I read the following on the US Dept of State website:

"It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place. After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case."

Okay, so does this mean he has to come here to the US to apply for his visa, or should he do it in London?

If your plan is still to have him live here, then you need to petition for him to apply for a K-3 visa. You do this by filling out the petition and sending it to the local service center. If that is approved, it is sent to the US Consulate in London, where he is then sent the application. He needs to have a medical exam and interview in London in order to receive the visa; so you will be in the US (or there) and he must be in London for interview and medical.

3. Which visa should we apply for, a K-3? The London consulate website suggests a B-2 ... whatever that is.

A K-3. A B-2 visa is only a tourist visa and not for settlement.

4. I live at an almost exact center-point between two ASC offices. One is in another state but it is an easier drive. Must I use the one in my own state?

You must use the one on the instruction forms for your petition. Sending it to a different service center will delay the petition; you are not allowed to choose.

5. Can I go to the ASC office for an informational visit, without submitting my form that day?

You can try, but it is probably not going to be very helpful, as only certain centers process K visas.

[shirlJ831 0]

good luck to you both

[razi 0]

Thanks, Gwen.

A few more and I'll give you a rest, I promise!

How long does a K-3 allow my husband to stay in the US? At what point in the process will he be allowed to come here? Will he be able to work? And finally, can he visit me here in the meantime, after the I-130 is sent, but before his interview and exam in London?

Thanks for your succinct and coherent answers - I've been getting more than a bit dizzy since I started on this little project ... .

Razi

PS - Did I misread your timeline, or did you give up on your attempts to settle in the States?

[Yodrak 7]

razi,

1. False

2. The information you've referenced is incomplete. If the marriage takes place in the USA then the visa is applied for in the alien's country of residence.

3. You are misreading - the B2 is a tourist visa.

4. Application Support Centers do things like fingerprinting, they are not places where you can obtain information. For information you want a District Office or Sub Office (or in some cases a Satellite Office).

5. Where you really want to go to get information is have a consultation with an immigration attorney who concentrates on family-based immigration (as opposed to employment-based). It won't cost much and you may like what you learn.

Yodrak

Hello,

My name is Razi, and I'm a US citizen (from birth) who has just married a citizen of the United Kingdom. Our wedding took place here in the States a few weeks ago and I have remained here since. He is now back in the UK because we had intended for me to move to England - but upon further consideration we want to settle here.

Hopefully someone here will be kind enough to answer a few painfully basic questions:

1. Someone told me that because my husband did not come here on a Fiancee visa, our marriage is invalid. Yikes! Is this true? We married here because it would help me to fastrack a move to the UK, and when we explained our situation to the city clerk's office (when we applied for the license in New York City), they said we didn't need a special visa to go through with the ceremony here. The judge who performed the nuptials also seemed unphased.

2. Assuming our marriage is valid, I read the following on the US Dept of State website:

"It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place. After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case."

Okay, so does this mean he has to come here to the US to apply for his visa, or should he do it in London?

3. Which visa should we apply for, a K-3? The London consulate website suggests a B-2 ... whatever that is.

4. I live at an almost exact center-point between two ASC offices. One is in another state but it is an easier drive. Must I use the one in my own state?

5. Can I go to the ASC office for an informational visit, without submitting my form that day?

Thanks in advance for your help. All comments and advice are most welcome! I can already see that the US system is much tougher than in the UK, but if this turns out as hoped then I think it's the right choice for the long haul.

Glad to have found this site. Nice to meet you all.

Namaste,

Razi

Edited July 27, 2006 by Yodrak

[gwenneh 7]

Thanks, Gwen.

A few more and I'll give you a rest, I promise!

How long does a K-3 allow my husband to stay in the US? At what point in the process will he be allowed to come here? Will he be able to work? And finally, can he visit me here in the meantime, after the I-130 is sent, but before his interview and exam in London?

Thanks for your succinct and coherent answers - I've been getting more than a bit dizzy since I started on this little project ... .

Razi

PS - Did I misread your timeline, or did you give up on your attempts to settle in the States?

A K-3 is a visa for permanent settlement. Once he has entered on the K-3, then you apply for Adjustment of Status, which if approved gives a two year conditional green card. After two years, the conditions can be removed.

It's tricky to say at what point he will be allowed to come here. Sometimes it is possible to have a spouse visit while the K-3 is in process, but since the K-3 basically declares immigrant intent, your husband risks being turned back at the POE. A safer bet is for you to visit him while the process is going on! How long the visa takes to process is anyone's guess; the new IMBRA laws have made it impossible to figure out how long. A few months, maybe longer-depends on how complicated your case is and, honestly, the luck of the draw.

No, you didn't misread the timeline. We cleared all the hurdles of the K-1 process and, while standing in London with a hard-won visa in hand on a cold and snowy January day, both simultaneously realized that neither of us actually wanted to live in the US. So we went home, got married, got me a spousal visa, and came back here.

[Yodrak 7]

Gwen,

Point of clarification: Usually. But not always. If the marriage is more than 2-years old at the time of adjustment there will not be conditions.

Yodrak

A K-3 is a visa for permanent settlement. Once he has entered on the K-3, then you apply for Adjustment of Status, which if approved gives a two year conditional green card. ....

...

Edited July 27, 2006 by Yodrak

[gwenneh 7]

Yodrak,

As the OP stated their marriage took place a "few weeks ago", I saw no need to further confuse the OP with options that were not available to them.

Gwen

Gwen,

Point of clarification: Usually. But not always. If the marriage is more than 2-years old at the time of adjustment there will not be conditions.

Yodrak

[Yodrak 7]

Gwen,

It's not about an option being available to them, it's about some District Offices still being extremely slow in giving interviews.

And about not everyone who reads the posts being in her situation.

Yodrak

Yodrak,

As the OP stated their marriage took place a "few weeks ago", I saw no need to further confuse the OP with options that were not available to them.

Gwen

Gwen,

Point of clarification: Usually. But not always. If the marriage is more than 2-years old at the time of adjustment there will not be conditions.

Yodrak

[Reba 2]

razi, read the FAQs and Guides here about the K3 visa, they are very helpful. But yes, the process is confusing and frustrating, and long. It may be a year before you and your new spouse are able to live together here in the US.

[razi 0]

Wow. I feel a bit sick at the moment. Gwen, you say he may not be able to visit while the K3 is in process? From what point - the submission of the I-130???

He already has a ticket to visit me in September/October - we've paid up front for a rather expensive vacation here in the States. Oh NO, please don't tell me I can't submit any paperwork at all until after he leaves ... . I am very grateful for this first alert. Does anybody else have any experience or educated input on this particular matter?

Razi

[PlatyPius 5]

Well, a fiance(e) visa is ALSO a visa for intent to immigrate, so I don't see how it would be different for a K3. My fiancee has visited me twice, once while our K1 visa was in processing. However, you can never be SURE that he will be allowed to enter the country.

Have him bring:

1) proof of ownership/lease of home

2) proof of employment

3) any other proof of ties to the UK

4) medical appointments, or things like that might help as well.

Most of all, he needs to be honest when he visits. He needs to tell the agent that he is here to visit his wife, and that there is a K3 visa in the process. If you do all of this, then his chances are good for being allowed entry.

Good luck!