not sure about k1 or k3... specific situation

[ahlpo 0]

Dear friends and fellow VJ members -

My fiancee and I currently live in London and I need to be relocated for work in NYC in March 2009. I'm a US citizen, she's English, and would like for her to come with me. For this I understand there are 2 options: K1 and K3 visas.

We're pretty indifferent to where and when we get married. The most crucial part for us though is timing so that we can get her legally working ASAP in NYC to contribute towards our bills.

I understand that with a K3 visa she would be legally authorized to work from her arrival, by obtaining an Employment Authorization Document (EAD). I've read that the path towards a K3 can take a little longer though (up to 9 months sometimes), and then the EAD another 3 months.

I believe a K1 visa is a bit quicker to obtain (6 months) and she would obtain a temporary EAD upon arrival at the Point of Entry (POE) which would be JFK airport.

Is this all correct? What are the quickest and less restrictive options?

Thanks in advance for your help and attention.

[rin and john 71]

Dear friends and fellow VJ members -

My fiancee and I currently live in London and I need to be relocated for work in NYC in March 2009. I'm a US citizen, she's English, and would like for her to come with me. For this I understand there are 2 options: K1 and K3 visas.

We're pretty indifferent to where and when we get married. The most crucial part for us though is timing so that we can get her legally working ASAP in NYC to contribute towards our bills.

I understand that with a K3 visa she would be legally authorized to work from her arrival, by obtaining an Employment Authorization Document (EAD). I've read that the path towards a K3 can take a little longer though (up to 9 months sometimes), and then the EAD another 3 months.

I believe a K1 visa is a bit quicker to obtain (6 months) and she would obtain a temporary EAD upon arrival at the Point of Entry (POE) which would be JFK airport.

Is this all correct? What are the quickest and less restrictive options?

Thanks in advance for your help and attention.

You are correct in that the K1 is generally faster than the K3. If you have been a living in the UK for more than six months, then getting married and filing DCF (direct consular filing) might be an option. It would be faster than either K1 or K3. I am not sure how long you have to be married before filing DCF, but you have to be living in a foreign country for more than six months.

Start here:

http://www.visajourney.com/forums/index.ph...om&page=dcf

John

[panterchen 1]

I think K1 is easiest and fastest (if u wish to call it easy and fast) in your situation.

But the basic distinction is usually that K1 is a fiancé visa which means that you are not married yet and you intent to marry in the US. Whereas K3 is a spousal visa which means you are already legally married once you apply.

I cannot tell you how fast you can work with a K3 visa, however, working legally with K1 is not that easy.

Those stamps for the EAD at the POE are not always given (some officer seem not to even have heard of it; best chances to get it seems JFK airport). If you don't get the stamp though, you have to apply for EAD which takes about 2-3 months. Once you get married you will have to file again EAD together with the AOS which again takes the same amount of time. Putting this together, unless you get the EAD stamp upon arrival your fiancé probably won't work for about 5-7 months after entering the US (and provided she stays about 2-3 months before the actual wedding). ANother option then is: she enters, you guys marry immediately and file for AOS and EAD which shortens the wait of actual EAD to 2-3 months if you are lucky.

ANother thing that just crossed my mind: why don't you do a direct consular filing (DCF)? As far as I know it is way faster and you can do it if you are married and if you have lived for at least 6 months (or a year I am not sure) in UK. Search through the forum if that might be an option for you guys.

Good luck on your visa journey!

[payxibka 10,048]

Dear friends and fellow VJ members -

My fiancee and I currently live in London and I need to be relocated for work in NYC in March 2009. I'm a US citizen, she's English, and would like for her to come with me. For this I understand there are 2 options: K1 and K3 visas.

We're pretty indifferent to where and when we get married. The most crucial part for us though is timing so that we can get her legally working ASAP in NYC to contribute towards our bills.

I understand that with a K3 visa she would be legally authorized to work from her arrival, by obtaining an Employment Authorization Document (EAD). I've read that the path towards a K3 can take a little longer though (up to 9 months sometimes), and then the EAD another 3 months.

I believe a K1 visa is a bit quicker to obtain (6 months) and she would obtain a temporary EAD upon arrival at the Point of Entry (POE) which would be JFK airport.

Is this all correct? What are the quickest and less restrictive options?

Thanks in advance for your help and attention.

You have potentially one more option... If you have legal residence in UK then you can marry in the UK and file the immigrant petition directly with the USCIS office located at the consulate in London.... This will result in a CR1 visa. By far the quickest in most situations.

Edited October 15, 2008 by payxibka