Im not in my country of origin

[dana5 0]

hello.I am from the Philippines,but now currently in Uk for study. My boyfriend and i are planning to get married.Hes an american citizen He wants me to live with him in the states. We are still planning if we get married here in Uk or in the states. Is it possible that the processing of either the spousal or fiancee will get through even if im not in my country of origin. I mean, Do i need to go back to my country of origin so that my fiance can petiton me or no need anymore? Hope you can help me. i will be very gald with your response

[alienlovechild 75]

Read the "Guides" tab for the basic requirements or ask in the Philippines portal section for more specific answers.

[Otto 83]

Is it possible that the processing of either the spousal or fiancee will get through even if im not in my country of origin.

Yes - if you are a legal resident of the country you're living in (the UK in your case) .

I mean, Do i need to go back to my country of origin so that my fiance can petiton me or no need anymore?

The process (interview, medical etc) would take place in the UK. So, if you're a legal resident in the UK, you won't have to return to your home country to process either a spousal or fiance visa.

** Moving topic from "Off Topic" to "General Immigration Related Discussion"

Edited February 8, 2010 by Otto und Karin

[lucyrich 20]

Here's something to keep in mind as you plan your strategy: The K-3 visa interview, by law, must happen in the country where the marriage took place. The country of the alien's citizenship doesn't matter. That's true regardless of whether the alien has legal status in the country where the marriage took place, or has the ability to go to that country. The consulate staff have no choice in the matter -- they must accept the K-3 case of anyone who was married in the country they serve, and they may not accept the case of anyone who was married outside the country they serve. The requirment comes from INA 214®(2).

The CR-1 and K-1 visas have no such restriction. The interviews for these visas may happen in any country where the consulate will accept the case. Most consulates will accept the cases of anyone who has long-term legal status in the country (usually it has to be something more permanent than a tourist visa), but you should check with the consulate of the US in the country where you're interested in having the visa interview to be sure.

So you could marry in the UK and go for a K-3 visa, and they would have to take your case. I suspect if you are a student, they might take your case anyway for a K-1 or CR-1 visa, but you'd have to check with them to be sure.