Uk guy, got married in usa.. MAJOR help needed

[NikkisPrecious 0]

No its fine i appreciate the help loads

BIG question.. does it matter that we got married in usa, i mean would there make a difference if we got married in the uk? So yeah... does it matter where we got married?

[TracyTN 237]

Makes no difference at all where you marry - if you mean as far as the K3 is concerned.

[JenT 0]

Nikkis, here's two cents from the peanut gallery:

You can drive yourself nuts asking about the previous denial and how it could affect you. Leave it alone. You also know that staying and trying AOS is risky, so leave that alone, too. Instead focus on K3 and waiting for it in the U.K., which is how it's done.

Yes, the separation will be difficult, but get over it. Like the rest of us, devise your strategies. Start thinking about your future together and how you're going to get there. She will need her good job in the States in order to sponsor you. It could take up to a year for you to be together permanently. Start living with that idea now.

There are many visitors who are denied entry because they can't produce evidence of ties that make return to their own country highly likely. It happens to Canadians all the time. Be aware that there's a point in the K3 process where this question will be asked. (Package 3.) But it doesn't have to be a deal breaker. As people here have said, as long as you comply now and don't overstay, you will most likely be fine later on.

The danger is that you're too focused on what you want rather than what immigration law demands. Stop looking for loopholes that could scotch your plans later. Stop looking for attorneys with answers you like. Start doing things that have the highest probability of success.

You have time to assemble the I-130, which is the first form required for K3. You can also start assembling the I-129f so it's ready to go as soon as she gets a receipt for the I-130. You don't need a lawyer for these, only an eagle eye to fill the forms exactly as they want and to pay the fees. (roughly $400 in total)

Sorry this is all hitting you like a ton of bricks just when you were so happy on your honeymoon. But you'll find good advice and support here and it won't cost $300 an hour. (No, it's not too early for a beer!)

Well said.

[meauxna 15]

Hi all,

I've recently got married to my beautiful american wife. I undrstand i now need to fill out alot of forms etc but have a few questions i need answering that i just simply can't seem to find the answers for anywhere.

1. I had travelled to the us alot on the Visa waiver program and began to get scrutinised after the 4th/5th time, i was advised by the embassy to apply for a b1/b2 visa... i went for the interview and it was refused because i din't have strong enough ties to the uk.. Will this affect my chances of getting anywhere in the process ok K3 or any other forms i now need to fill out?

2. I'm currently in the us, i was told by the uscis i can stay until the forms are filed back to me, is this true? Can i stay now we are married? Am i likely to be deported? I need to know if theres any risks about what i've done.

I've simply come to usa and got married and want to stay.. is this ok?

Any help would be really appreciated.

Thanks

If you are currently in the US, married to a US citizen and want to stay in the US until you become a Permanent Resident, speak with a lawyer about Adjusting Status.

If you are NOT in the US, youi may use the VWP, but you will have to answer the question about being refused a visa truthfully.

The B visa denial is not an issue for your future success in immigrating. Practically *no one* gets a B visa from London. The reason you were refused was for 'immigrant intent' and so it will not affect a proper immigrant application. Many, many people have gone through exactly what you describe (and feel as 'burned' as you do).

If you are not in the US, you have another path to follow. Your posts are not super clear about where you are at the moment, but if you are in the US, you really should go meet with a lawyer. Staying to AOS is not necessarily risky, IMO. So now you have a lot of opinions. You should think about getting a professional one.

[NikkisPrecious 0]

Thankyou guys, it says here that i can return and wait for the forms to clear, BUT on what visa do i come back with exactly??

Says the k3 visa is desgined so that the spouse can be re united until the visa is approved, so yeah, what visa can i come back and wait with?

http://www.uscis.gov/graphics/publicaffair.../life081401.htm

[JenT 0]

Thankyou guys, it says here that i can return and wait for the forms to clear, BUT on what visa do i come back with exactly??

Says the k3 visa is desgined so that the spouse can be re united until the visa is approved, so yeah, what visa can i come back and wait with?

http://www.uscis.gov/graphics/publicaffair.../life081401.htm

She has to file for the K3.

Jen

[NikkisPrecious 0]

aaaah i see, so basically i have to stay in the uk until the k-3 is approved before i can go back, then we can file for the AOS and greencard etc etc..

God i wish there was a "simple" guide to this somewhere on the net! haha

[TracyTN 237]

aaaah i see, so basically i have to stay in the uk until the k-3 is approved before i can go back, then we can file for the AOS and greencard etc etc..

God i wish there was a "simple" guide to this somewhere on the net! haha

There is - if you read the 'guides' section at the top of this forum!

[NikkisPrecious 0]

fingers crossed were not refused it then! Hope the b1 refusal won't affect us, seems like it won't. Every case is treated new by the looks.

Has anyone on this forum every been denied K3?

[Tim and Bethanie 1]

aaaah i see, so basically i have to stay in the uk until the k-3 is approved before i can go back, then we can file for the AOS and greencard etc etc..

God i wish there was a "simple" guide to this somewhere on the net! haha

Like Tracy said there is a guide, and there are plenty of folks to help you along the way. Start by reading through the guide for a k-3, download the I-130 and get going man! Ask if you can't figure something out, it's what we all have done.

[The_dip_sticks 0]

I thought that if some one applied for a tourist visa and if it got denied....that this would not bring any problems at the interview of a k1-k3. Other people have mentioned that their denail of a toursit visa did not cause them any problems nor was it even discussed at their interview. Any feed back?

[diadromous mermaid 36]

Nikkisprecious,

You have two options. Proceed with the K-3 and be prepared to wait for the visa in the UK, then return and adjust status for permanent residency, or attempt to adjust status while still here with the understanding that until approved your landlocked and that if it were to be denied there is no appeal opportunity.

For most, the adjustment while here is a good prospect, especially when the marriage was impromptu and unplanned on the last visit.

To address the confusion in the answers you received to your enquiries, the attorney's advice not to attempt to enter the USA from the UK, while awaiting the K-3 visa, on VWP was likely due to the combination of successive visits on VWP and now your immigrant intent is clearly demonstrated by a petition for the K-3. Not one, but a combination of the two, I'd suspect.

What you should be aware of in terms of success in adjustment of status while in the USA, after entering on VWP is that it not appear to the adjudicating officer that the VWP was used as a quick way to circumvent procedures and the waiting time for a proper immigrant visa. Often the state of an alien's affairs when he/she last entered the USA can indicate whether or not any circumvention was undertaken. The tricky part of adjusting in the USA after arriving on VWP is that if an alien quit his job, sold his house and gave the cat to the next door neighbour before travelling to the USA on VWP and then attempts to adjust, it can look as though preparations had been made and that it was not impromptu.

[meauxna 15]

Thank you, mermaid, for putting it so clearly.

A very surprising thread!