K3 Explained

[steve507 0]

Hi

Can anyone help?????

Me and my fiancee want to get married on my next visit to the USA.

Can anyone advise as to if we can do this then apply for the K3 after i return to the UK

[Mononoke28 135]

Yes, absolutely. You can get married here in the States and once you get back to the UK, your spouse can file for the K-3 visa.

[zsun 0]

But the K1 is always faster than K3.

[Reba 2]

but they can't use a K1 if they're getting married on the next visit. They're fast, but not that fast I'm thinkin'.

After you get married and return to the UK, expect to be living apart for about a year or so.

Be careful if you say at the POE that you're coming to the US to get married. They'll just turn your ### around and send you back. Have plenty of proof to show that you will be returning to the UK at the end of this trip. Not just a return ticket!

[pushbrk 12,910]

Yes, absolutely. You can get married here in the States and once you get back to the UK, your spouse can file for the K-3 visa.

Well, yes absolutely you can file for a spouse based visa. Theoretically, the USC can file the I-130 petition the same day you marry, or as soon as all documents are prepared. Yes, you must return to the UK but there is no requirement that you do so before the petition(s) are filed. The requirement is that you don't stay longer than your passport stamp allows.

Another consideration is that generally, the K3 visa interview is held in the country the marriage took place, so I'm not certain just how you obtain a K3 visa after you marry in the US. You'll want the answer to that, before you follow up your I-130 (results in CR1 visa, not K3) with an I-129f for spouse. I don't have the answer to that one.

Edited April 29, 2007 by pushbrk

[misa 2]

No problem with marrying on a visit as long as the foreign beneficiary only VISITS. I got married on a visit (lots of people do). We opted for a K3 because we wanted to be married going through this process and also K3s are multiple entry whereas K1s are not. I didn't want to have to rely on applying for AP if I needed to go back to Canada for an emergency.