k3: expensive way to spend X-mas at home?

[tara tara tara 0]

hello all!

I recently got engaged to an amazing South African guy. We both live in the UK and are here on work visas (his, renewable in April 2012, mine, non-renewable expiring Feb 2012). We have been dating for two years, and last November he was twice denied a tourist visa to the USA (we assumed it was as simple as our UK visas).

We are planning to have our legal wedding in the UK in early May, the religious ceremony with the families in South Africa in June and a reception in the States just before Christmas 2011.

As OH has been denied a tourist visa before because his sole purpose for visiting the USA was to come with me to see my family (my work visa/employment doesn't count for anything), we do not want to chance the tourist visa route again for our Christmas 2011 reception. We also are unsure about the changes to the UK immigration system and would like to put a U.S. safety net in place, to avoid the prospect of six months+ in South Africa or more. We do not want to immigrate to the US, just be able to plan a visit without worrying his visa will be rejected again. If at all possible our plan is to stay in the UK and get him (and any future kids a British passport before our next move.

The most logical visa for us seems to be the K3, as it would be valid for two years and allow multiple entries, but I have a few questions:

1) Is our idea just a giant money hole? Is this a bad idea as we have no intention of immigrating, we just want to introduce OH to my really big family...and the dogs..., most of whom won't be making the wedding?

2) Is this a renewable visa? If, 5-6 years down the line we decide to move back to the States, would we have a problem applying for another type of immigrant visa?

3) We are planning to apply for a K3 visa for OH after our legal wedding. Will that be enough time (just under 7 months, less as we will be in SA for most of June).

4) Will the denial of the tourist visa negatively effect the K3 application?

OT: We were told by my Congressman's office and the State Dept website that tourist visas are denied without prejudice, and you get a "fresh" hearing with every application. For his second application we were told to bring proof of ties to the UK, so he brought letters from his work about leave, our contracts, and a letter from my Congressman; they wrote "Congressman" on a post-it note, turned on the computer and said, "you've been denied a tourist visa before, so what's changed?". He's an engineer and I love him, but he's not very good at expressing himself verbally, but the fact that they treated him so poorly, and I couldn't go with him has left a very bitter feeling for me.

Thank you in advance for your help. I have been muddling around on the State and USCIS websites, but it's all incredibly confusing and stressful and depressing, and we don't actually know anyone else in a situation even close to ours.

[canadian_wife 1,822]

K-3 is dead. It was administratively closed in February of this year. You would apply for a Cr-1 spousal visa which would mean your fiance would be a permenant resdient upon entrance into the US. Not an option for you if you do not plan on immigrating.

I think that sums up the answers to all your questions

I suggest you compile HEAPS of evidence of why he must return to the UK and apply for a toursit visa again. MUCH cheaper than a Cr-1 spousal visa

Good luck

[Inky 1,110]

K-3 visa is closed.

Even if it wasnt closed it is a bad idea since you are not immigrating. It would be a huge waste of money and time for you. It is NOT renewable you would have to apply from the start all over again spend all the money again and all the time waiting again.

Spousal visas are not the way for you to go since you arent immigrating.

like CW said, visitor visa is much cheaper takes a lot less longer and just get all your UK ties evidence in order.

[tara tara tara 0]

Wow, I guess that's good to know, not sure how I missed the big advisory on the State Dept page. I think I might have to curl up in a ball for a little while and cry about it---we're both immigrants, so by definition we don't yet have firm ties to the UK, our desire to live here and make a life here notwithstanding. Also, as I understand it, being partnered with an American seems to be an automatic sign you want to move there.

Thanks for the information, I'm sure I'll be able to bounce it back and be posting in the Visitor Visa section sooner rather than later. The State Department is NOT getting in the way of tree decorating and gingerbread for a third year running.

[edp333 9]

How about Direct Consulate Filing (DCF) after the two get married?

[Kathryn41 3,205]

How about Direct Consulate Filing (DCF) after the two get married?

This is only valid if the two of them are planning on living in the US and he is immigrating. They are not, so it doesn't apply . Visitor visa is the only real option at this time. Good luck to you.

Edited November 10, 2010 by Kathryn41

[pushbrk 12,898]

This is only valid if the two of them are planning on living in the US and he is immigrating. They are not, so it doesn't apply . Visitor visa is the only real option at this time. Good luck to you.

Not particularly helpful to the OP at this stage but the K3 visa was ideally suited for such a circumstance. It's one of the key reasons the new policy is such a shame. If the K3 visa were actually available, it would have allowed for up to several years of flexibility while the family kept their options open.

[edp333 9]

My mistake, I did not see the,"We do not want to immigrate to the US," phrase. Maybe selective reading on my part.

[tara tara tara 0]

Not particularly helpful to the OP at this stage but the K3 visa was ideally suited for such a circumstance. It's one of the key reasons the new policy is such a shame. If the K3 visa were actually available, it would have allowed for up to several years of flexibility while the family kept their options open.

That was pretty much my thought about the K3 --- it seemed so perfect! Our other problem was if in the worst case scenario OH's visa renewal wasn't able to go through for whatever reason and we needed to move back to the States, there would not be enough time to do DCF, and I might not qualify for it as my UK visa and residency would be expiring in the middle of the process.

Edited November 11, 2010 by tara tara tara

[pushbrk 12,898]

That was pretty much my thought about the K3 --- it seemed so perfect! Our other problem was if in the worst case scenario OH's visa renewal wasn't able to go through for whatever reason and we needed to move back to the States, there would not be enough time to do DCF, and I might not qualify for it as my UK visa and residency would be expiring in the middle of the process.

You only need to qualify for DCF at the time of filing. It's quite common for the US Citizen to leave during the process to get a job and establish domicile.