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Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted (edited)

I was reading a thread about a woman who was thinking of coming to the US to have her baby so the kid would be a USC. NO, that's not what I'm asking about (!), but as the thread spun off on tangents, someone mentioned that the K-3 interview takes place in the country where the couple got married. There were a lot of senior members on that thread, and nobody corrected it. Is this true?

That doesn't seem to make sense, but as I said, nobody corrected the poster who mentioned this. I figured this could be because the thread got seriously convoluted as it went on, but I thought I'd ask since I just married my Sweetie here in the USA (though he is now back in the UK).

Cat :luv:

Edited by Matcoody
Filed: Other Timeline
Posted

it is correct. If the couple did not get married in either the US or the home country of the beneficiary, then the K3 interview will be held at the US consulate in the country where they got married.

There have been a few couples here who married in the Caribbean, or on holiday somewhere together and had to return there for the K3 interview.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted
it is correct. If the couple did not get married in either the US or the home country of the beneficiary, then the K3 interview will be held at the US consulate in the country where they got married.

I'm sorry, your second sentence has muddled me a bit. My own fault, I'm sure. So because we married in the USA he will be required to come from Britain to interview here in the States?

Why does it seem really strange to me that the foreign spouse would be asked to come all the way here when he or she may not be allowed to stay (if not approved)? And why would this apply to the K-3 but not the CR-1, for which I know my husband has to interview in London?

For some reason the path of the I-130 is much clearer to me than that of the I-129F. Thanks in advance for sorting me out. I'm sure I'm missing something big, and by the time I read the response to this post I'll feel like a total idiot..................

Cat :luv:

By the way: Especially after a very recent thread I read this morning, I have enormous appreciation for what the veterans here deal with. You're all unpaid volunteers, you deal with the same old questions ad nauseum (sometimes even in concurrent threads) from newbies who are often either lazy, lost, oversaturated or have a language issue, and most all of you have the patience of angels. I know you must get something out of it or you wouldn't stick around, but big thanks for putting up with so much.

Posted (edited)

it is correct. If the couple did not get married in either the US or the home country of the beneficiary, then the K3 interview will be held at the US consulate in the country where they got married.

I'm sorry, your second sentence has muddled me a bit. My own fault, I'm sure. So because we married in the USA he will be required to come from Britain to interview here in the States?

Why does it seem really strange to me that the foreign spouse would be asked to come all the way here when he or she may not be allowed to stay (if not approved)? And why would this apply to the K-3 but not the CR-1, for which I know my husband has to interview in London?

For some reason the path of the I-130 is much clearer to me than that of the I-129F. Thanks in advance for sorting me out. I'm sure I'm missing something big, and by the time I read the response to this post I'll feel like a total idiot..................

Cat :luv:

By the way: Especially after a very recent thread I read this morning, I have enormous appreciation for what the veterans here deal with. You're all unpaid volunteers, you deal with the same old questions ad nauseum (sometimes even in concurrent threads) from newbies who are often either lazy, lost, oversaturated or have a language issue, and most all of you have the patience of angels. I know you must get something out of it or you wouldn't stick around, but big thanks for putting up with so much.

For the K-3

If married in the US, one must interview in their country of residence

If married in their country of residence, one interviews in their country of residence

If one marries in another country, one interviews in the country of marriage.

In other words, the interview will take place in the country of marriage unless you marry in the US, in which case the interview will take place in the country of residence.

It can add cost if the marriage has taken place whilst on holiday in another country and then must return there for the K-3 interview. Have noted some members in this position ultimately opt for the CR-1 so they will then interview in their country of residence.

Edited by aussiewench

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I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: Timeline
Posted

aussiewench,

Yes, the 2nd situation is superfluous and needn't be mentioned - it's covered by the 3rd situation.

Yodrak

For the K-3

If married in the US, one must interview in their country of residence

If married in their country of residence, one interviews in their country of residence

If one marries in another country, one interviews in the country of marriage.

In other words, the interview will take place in the country of marriage unless you marry in the US, in which case the interview will take place in the country of residence.

....

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

Thank you, Aussiewench. That was exactly what I needed.

And Yodrak, the second item might have been superfluous from your advanced perspective, but a lot of people here still have their Immigrations training wheels on and appreciate answers that anticipate all (or at least other) questions or misinterpretations. Aussiewench is particularly adept at this.

Cat :luv:

Filed: Timeline
Posted

Cat,

Nothing advanced about it. For a K3 visa, unless one gets married in the USA, they interview in the country where the marriage took place. So if the marriage took place in their country of residence then of course they interview in their country of residence - it's the country where the marriage took place! Already covered by the other rule, no need for a separate statement.

What might be considered advanced is what to do if there is no IV-issuing post in the country where the marriage took place.

Yodrak

Thank you, Aussiewench. That was exactly what I needed.

And Yodrak, the second item might have been superfluous from your advanced perspective, but a lot of people here still have their Immigrations training wheels on and appreciate answers that anticipate all (or at least other) questions or misinterpretations. Aussiewench is particularly adept at this.

Cat :luv:

 
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