Work permit and K1 or K3 visas

[kevin74uk 0]

Hi

My fiance is American and was originally applying for a UK work permit, having been living here for the past 2 years. Our plan was to get married and apply to move to the US later this year, ie spend our time working in the UK whilst waiting for the paperwork to go through.

Unfortunately, her work permit has been turned down, which means we will need to get things moving much faster than expected. We are wondering whether it makes sense to have a quick wedding in the US and apply for a spouse visa, or to apply for a fiance visa and get married in the US once it comes through.

We do not want to spend 6-9 months apart waiting for the visa to come through, but as we both need to work, not sure what options there are. I was wondering if I could move with my job to the US or take another job that involved sponsoring me, but am not sure if either of these two options would jeopardise my marriage or fiance application. Any thoughts, recommendations or mention of possible loop holes would be greatly appreciated.

Thanks

Kevin

[payxibka 10,048]

Hi

My fiance is American and was originally applying for a UK work permit, having been living here for the past 2 years. Our plan was to get married and apply to move to the US later this year, ie spend our time working in the UK whilst waiting for the paperwork to go through.

Unfortunately, her work permit has been turned down, which means we will need to get things moving much faster than expected. We are wondering whether it makes sense to have a quick wedding in the US and apply for a spouse visa, or to apply for a fiance visa and get married in the US once it comes through.

We do not want to spend 6-9 months apart waiting for the visa to come through, but as we both need to work, not sure what options there are. I was wondering if I could move with my job to the US or take another job that involved sponsoring me, but am not sure if either of these two options would jeopardise my marriage or fiance application. Any thoughts, recommendations or mention of possible loop holes would be greatly appreciated.

Thanks

Kevin

If you could get an employer sponsored H1-b visa that would be the best of all alternatives.... You could avoid the "K" visas provcess altogether.....

[YuAndDan 153]

Why are you considering K-1 or K-3?

If US citizen has been living and in the UK for more than 6 months, then they meet the residency requirement to file for a CR-1 visa by DCF (Filing the I-130 directly to London) CR-1 is an immigrant GREEN-CARD visa, it gets a green-card upon entry. Dose she have residency status?

Marry first and file the I-130 to the embassy, it is the quickest visa, AND the cheapest. the K-Visas require adjustment of status in the USA ($1010) and cannot work until having a work permit.

Considering the tremendous backlog at USCIS, it would be crazy to file for a K-Visa.

http://london.usembassy.gov/dhs/uscis/i130filing.html

Edited February 11, 2008 by YuAndDan

[kevin74uk 0]

Hi

My fiance is American and was originally applying for a UK work permit, having been living here for the past 2 years. Our plan was to get married and apply to move to the US later this year, ie spend our time working in the UK whilst waiting for the paperwork to go through.

Unfortunately, her work permit has been turned down, which means we will need to get things moving much faster than expected. We are wondering whether it makes sense to have a quick wedding in the US and apply for a spouse visa, or to apply for a fiance visa and get married in the US once it comes through.

We do not want to spend 6-9 months apart waiting for the visa to come through, but as we both need to work, not sure what options there are. I was wondering if I could move with my job to the US or take another job that involved sponsoring me, but am not sure if either of these two options would jeopardise my marriage or fiance application. Any thoughts, recommendations or mention of possible loop holes would be greatly appreciated.

Thanks

Kevin

If you could get an employer sponsored H1-b visa that would be the best of all alternatives.... You could avoid the "K" visas provcess altogether.....

Thanks, but is it possible to have both running in parallel? ie to get married and file for a spouse visa, but then also to apply for jobs or try to move with work and apply to be sponsored, so as to be in the US whilst waiting for the marriage visa to go through?

[kevin74uk 0]

Why are you considering K-1 or K-3?

If US citizen has been living and in the UK for more than 6 months, then they meet the residency requirement to file for a CR-1 visa by DCF (Filing the I-130 directly to London) CR-1 is an immigrant GREEN-CARD visa, it gets a green-card upon entry. Dose she have residency status?

Marry first and file the I-130 to the embassy, it is the quickest visa, AND the cheapest. the K-Visas require adjustment of status in the USA ($1010) and cannot work until having a work permit.

Considering the tremendous backlog at USCIS, it would be crazy to file for a K-Visa.

http://london.usembassy.gov/dhs/uscis/i130filing.html

That would be great, but my fiance was here on a student visa, extended her stay by being on a BUNAC work visa for 6 months, which has now expired. We were planning for her to extend her stay by her being sponsored by her company, but the BIA rejceted the work permit application, which means she is now back in the US and on a visitor visa if she returns to the UK.

[YuAndDan 153]

Thanks, but is it possible to have both running in parallel? ie to get married and file for a spouse visa, but then also to apply for jobs or try to move with work and apply to be sponsored, so as to be in the US whilst waiting for the marriage visa to go through?

Yes you could do this.

Also consider going CR-1, it requires less paperwork I-130 only, and takes not much longer than K-3, CR-1 is work authorized.

Many who enter the USA on the K-3 discover that they cannot work, get SSN, or get driver's license until they have work permit, which takes 90 days or more to get.

[kevin74uk 0]

Thanks, but is it possible to have both running in parallel? ie to get married and file for a spouse visa, but then also to apply for jobs or try to move with work and apply to be sponsored, so as to be in the US whilst waiting for the marriage visa to go through?

Yes you could do this.

Also consider going CR-1, it requires less paperwork I-130 only, and takes not much longer than K-3, CR-1 is work authorized.

Many who enter the USA on the K-3 discover that they cannot work, get SSN, or get driver's license until they have work permit, which takes 90 days or more to get.

Thanks, this is very helpful. With regards to what you were mentioning before about filing directly, does the fact she has been living here for 2 years mean we can do this? (as she does have a National Insurance number), or because she is now back in the US and can only return on a visitor visa does this make the process impossible?

[payxibka 10,048]

Your best bet is to ask the consulate....