My perscective on a K3 process an Question

[esoll 0]

Hello,

I have been reading some information about the K3 visa, on this and the gov web sites. I think I am okay with the process but where I am having some problem is with relation to where we (My fiancee and I) need to be to file.

I am an US citizen (Naturalized many years back) and my fiancee is from Switzerland. After a few years of visiting her and her visiting me, we decided to get married.

My first option was a K1 visa, but she needed to stay in Switzerland and come to the US with it.

Our second option was for her to come to the US on Christmas on a tourist visa (Switzerland does not require visa to come to the US), we get married here in the U, then she goes back to her country and we file a K3, she waits for the visa and comes to the US with it.

For options 1 and 2 she has no problem waiting till June next year but not longer.

Our third option was to get married as stated in option 2, then she goes back to Switzerland to close shop and comes back to the US on a tourist visa a few months later. Then we start and file the K3 application. This option has the advantage of giving control of her time back to her. Her working is not an issue.

I prefer option 3 and my question to you all is. Would this option be possible? Can a K3 applicant mary, file and wait in the US?

Thank you.

Esoll

[himher 634]

In our case, we were not allowed a tourist visa while our K3 application was pending. Sometimes they allow entry (of the spouse) while the application is pending, most of the time they do not.

Three (legal) and (straightforward) options could be:

1. File for a fiance visa (K1) and have your fiance enter the US after the fiance visa is approved, then get married here in the US / file Adjustment of Status

2. Fly to Switzerland, get married, return and file for a K3 visa, then have your wife enter the US on a K3 visa / file for Adjustment of Status

3. Fly to Switzerland, get married, return and file for an IR1 visa, then have your wife enter the US on an IR1, no Adjustment of Status necessary

Any of these gets your fiance (or wife) here by June

Entering the US on a tourist visa for purpose of marriage can be and is, at the POE, often interpreted as a fraudulant use of the visa waiver program. Of the three options, option (3) is definitely fraud as your wife would close shop and enter the country on a visa waiver with no intention of returning home. You would not be filing for a K3 at that point, you would be filing for Adjustment of Status with the marriage date preceeding the point of entry date and that is a guaranteed flag on the application.

[amaciar 0]

If you don't mind getting married in Switzerland the CR-1 has less steps. Your partner would enter the country and receive a conditional green card and be allowed to work once the i-130 was completed. My husband and I filed both an I-130 and the K-3 and they finished both applications at the same time. We followed through with the CR-1 route and dropped our K-3 petition. From reading on this site it seems common that they approve both at the same time.

Not sure what your situation is but if you were to get residency in Switzerland you may be able to do direct consular processing. Have a look at the US embassy website for Switzerland and see if they are a country that allows that. I know that the New Zealand Embassy processes almost immediatly or as soon as you have all the correct documentation. But again not sure if this is possible for you and you need to have lived in the country for a certain timeframe. Six months for New Zealand. Wish I had known this when I was applying but we took the long way!

[esoll 0]

In our case, we were not allowed a tourist visa while our K3 application was pending. Sometimes they allow entry (of the spouse) while the application is pending, most of the time they do not.

Three (legal) and (straightforward) options could be:

1. File for a fiance visa (K1) and have your fiance enter the US after the fiance visa is approved, then get married here in the US / file Adjustment of Status

2. Fly to Switzerland, get married, return and file for a K3 visa, then have your wife enter the US on a K3 visa / file for Adjustment of Status

3. Fly to Switzerland, get married, return and file for an IR1 visa, then have your wife enter the US on an IR1, no Adjustment of Status necessary

Any of these gets your fiance (or wife) here by June

Entering the US on a tourist visa for purpose of marriage can be and is, at the POE, often interpreted as a fraudulant use of the visa waiver program. Of the three options, option (3) is definitely fraud as your wife would close shop and enter the country on a visa waiver with no intention of returning home. You would not be filing for a K3 at that point, you would be filing for Adjustment of Status with the marriage date preceeding the point of entry date and that is a guaranteed flag on the application.

Thanks for your information. I guess I am abandoning my option 3. I just came back last week from Switzerland so your option 2 and 3 are not an option. That leaves option 1 the (K1). If I understand I can even start this process today. Then would she be able to come in Christmas for a 10 days stay with a pending (K1) visa?

Thanks again.

Esoll

[esoll 0]

If you don't mind getting married in Switzerland the CR-1 has less steps. Your partner would enter the country and receive a conditional green card and be allowed to work once the i-130 was completed. My husband and I filed both an I-130 and the K-3 and they finished both applications at the same time. We followed through with the CR-1 route and dropped our K-3 petition. From reading on this site it seems common that they approve both at the same time.

Not sure what your situation is but if you were to get residency in Switzerland you may be able to do direct consular processing. Have a look at the US embassy website for Switzerland and see if they are a country that allows that. I know that the New Zealand Embassy processes almost immediatly or as soon as you have all the correct documentation. But again not sure if this is possible for you and you need to have lived in the country for a certain timeframe. Six months for New Zealand. Wish I had known this when I was applying but we took the long way!

Thank you for your reply,

I have been thinking about a "direct consular processing" and as you stated I need to take residence in Switzerland for 6 months. My life is here in the US and this would not be an option.

Regards,

Esoll.

[ninjarocket 1]

With pending k1 or k3 or CR visas, she may not be able to enter the US as a tourist, unless she can convince immigration officials that she still has strong ties to Switzerland. Even k1 and k3 visas are treated as de facto immigrant visas, even though technically they are not.

The simplest thing to do would be for you to visit her while her visa is pending. She could always apply for a tourist visa at the USEM in Switzerland. It would be less of an inconvenience if she was denied the tourist visa than be turned away by immigration officers on reaching the US.

If you don't mind getting married in Switzerland the CR-1 has less steps. Your partner would enter the country and receive a conditional green card and be allowed to work once the i-130 was completed. My husband and I filed both an I-130 and the K-3 and they finished both applications at the same time. We followed through with the CR-1 route and dropped our K-3 petition. From reading on this site it seems common that they approve both at the same time.

Not sure what your situation is but if you were to get residency in Switzerland you may be able to do direct consular processing. Have a look at the US embassy website for Switzerland and see if they are a country that allows that. I know that the New Zealand Embassy processes almost immediatly or as soon as you have all the correct documentation. But again not sure if this is possible for you and you need to have lived in the country for a certain timeframe. Six months for New Zealand. Wish I had known this when I was applying but we took the long way!

Thank you for your reply,

I have been thinking about a "direct consular processing" and as you stated I need to take residence in Switzerland for 6 months. My life is here in the US and this would not be an option.

Regards,

Esoll.

[himher 634]

Yes, you are correct in that you can file immediately for the K1 visa. Whether or not they allow your fiance to enter the country with a pending petition, from what I can tell, depends on the particular officer at the POE. Each trip is potentially a gamble - even though your fiance fully intends to return to wait for her K1 visa - the officer "interprets" her visit as "intent to immigrate" resulting in a lot of nasty experiences at various airports. Good luck whatever you decide to do.

In our case, we were not allowed a tourist visa while our K3 application was pending. Sometimes they allow entry (of the spouse) while the application is pending, most of the time they do not.

Three (legal) and (straightforward) options could be:

1. File for a fiance visa (K1) and have your fiance enter the US after the fiance visa is approved, then get married here in the US / file Adjustment of Status

2. Fly to Switzerland, get married, return and file for a K3 visa, then have your wife enter the US on a K3 visa / file for Adjustment of Status

3. Fly to Switzerland, get married, return and file for an IR1 visa, then have your wife enter the US on an IR1, no Adjustment of Status necessary

Any of these gets your fiance (or wife) here by June

Entering the US on a tourist visa for purpose of marriage can be and is, at the POE, often interpreted as a fraudulant use of the visa waiver program. Of the three options, option (3) is definitely fraud as your wife would close shop and enter the country on a visa waiver with no intention of returning home. You would not be filing for a K3 at that point, you would be filing for Adjustment of Status with the marriage date preceeding the point of entry date and that is a guaranteed flag on the application.

Thanks for your information. I guess I am abandoning my option 3. I just came back last week from Switzerland so your option 2 and 3 are not an option. That leaves option 1 the (K1). If I understand I can even start this process today. Then would she be able to come in Christmas for a 10 days stay with a pending (K1) visa?

Thanks again.

Esoll

[pushbrk 12,175]

In our case, we were not allowed a tourist visa while our K3 application was pending. Sometimes they allow entry (of the spouse) while the application is pending, most of the time they do not.

Three (legal) and (straightforward) options could be:

1. File for a fiance visa (K1) and have your fiance enter the US after the fiance visa is approved, then get married here in the US / file Adjustment of Status

2. Fly to Switzerland, get married, return and file for a K3 visa, then have your wife enter the US on a K3 visa / file for Adjustment of Status

3. Fly to Switzerland, get married, return and file for an IR1 visa, then have your wife enter the US on an IR1, no Adjustment of Status necessary

Any of these gets your fiance (or wife) here by June

Entering the US on a tourist visa for purpose of marriage can be and is, at the POE, often interpreted as a fraudulant use of the visa waiver program. Of the three options, option (3) is definitely fraud as your wife would close shop and enter the country on a visa waiver with no intention of returning home. You would not be filing for a K3 at that point, you would be filing for Adjustment of Status with the marriage date preceeding the point of entry date and that is a guaranteed flag on the application.

Amazingly it's actually been a couple weeks since we've needed to correct the statement bolded above. It is not a violation to enter and marry, as long as the entrant leaves before their granted stay is over.

Any option that includes visiting after filing the I-130 petition is risky, in that there's no assurance the entry will be allowed at the POE. Lots to read about that here. Note though, that if you tell the CBP officer the purpose of your trip is marriage, you would probably be sent back. The wedding would consume as miniscule portion of an itinerary, so the best bet is to give a truthful but less specific answer like "pleasure" or "visiting friends".

Your fastest option would be the K1, in that you can file now rather than waiting to arrange a marriage, there or here.

Edited October 20, 2008 by pushbrk

[esoll 0]

Thanks,

Are you saying when a K1 or K3 is pending on an applicant, US airport custom will know this fact when they check her passport and can possibly deny entry? Remember Switzerland and its citizen are exempt on getting tourist visa. They can get in and out without a formal visa. Thanks

Esoll

With pending k1 or k3 or CR visas, she may not be able to enter the US as a tourist, unless she can convince immigration officials that she still has strong ties to Switzerland. Even k1 and k3 visas are treated as de facto immigrant visas, even though technically they are not.

The simplest thing to do would be for you to visit her while her visa is pending. She could always apply for a tourist visa at the USEM in Switzerland. It would be less of an inconvenience if she was denied the tourist visa than be turned away by immigration officers on reaching the US.

If you don't mind getting married in Switzerland the CR-1 has less steps. Your partner would enter the country and receive a conditional green card and be allowed to work once the i-130 was completed. My husband and I filed both an I-130 and the K-3 and they finished both applications at the same time. We followed through with the CR-1 route and dropped our K-3 petition. From reading on this site it seems common that they approve both at the same time.

Not sure what your situation is but if you were to get residency in Switzerland you may be able to do direct consular processing. Have a look at the US embassy website for Switzerland and see if they are a country that allows that. I know that the New Zealand Embassy processes almost immediatly or as soon as you have all the correct documentation. But again not sure if this is possible for you and you need to have lived in the country for a certain timeframe. Six months for New Zealand. Wish I had known this when I was applying but we took the long way!

Thank you for your reply,

I have been thinking about a "direct consular processing" and as you stated I need to take residence in Switzerland for 6 months. My life is here in the US and this would not be an option.

Regards,

Esoll.

[pushbrk 12,175]

Neither a visa or a visa waiver program assures US entry. Decisions about entry are up to the CBP officer at the point of entry. So, yes, I'm saying exactly what you thought I was saying.

Thanks,

Are you saying when a K1 or K3 is pending on an applicant, US airport custom will know this fact when they check her passport and can possibly deny entry? Remember Switzerland and its citizen are exempt on getting tourist visa. They can get in and out without a formal visa. Thanks

Esoll

With pending k1 or k3 or CR visas, she may not be able to enter the US as a tourist, unless she can convince immigration officials that she still has strong ties to Switzerland. Even k1 and k3 visas are treated as de facto immigrant visas, even though technically they are not.

The simplest thing to do would be for you to visit her while her visa is pending. She could always apply for a tourist visa at the USEM in Switzerland. It would be less of an inconvenience if she was denied the tourist visa than be turned away by immigration officers on reaching the US.

If you don't mind getting married in Switzerland the CR-1 has less steps. Your partner would enter the country and receive a conditional green card and be allowed to work once the i-130 was completed. My husband and I filed both an I-130 and the K-3 and they finished both applications at the same time. We followed through with the CR-1 route and dropped our K-3 petition. From reading on this site it seems common that they approve both at the same time.

Not sure what your situation is but if you were to get residency in Switzerland you may be able to do direct consular processing. Have a look at the US embassy website for Switzerland and see if they are a country that allows that. I know that the New Zealand Embassy processes almost immediatly or as soon as you have all the correct documentation. But again not sure if this is possible for you and you need to have lived in the country for a certain timeframe. Six months for New Zealand. Wish I had known this when I was applying but we took the long way!

Thank you for your reply,

I have been thinking about a "direct consular processing" and as you stated I need to take residence in Switzerland for 6 months. My life is here in the US and this would not be an option.

Regards,

Esoll.

[ninjarocket 1]

Even though Switzerland is part of the visa waiver program, you can still apply for a tourist visa at the consulate. At least that way your situation will be reviewed by consulate officials and the boarder immigration officers will be more likely to respect their decision, if you're lucky enough to have a positive one. That doesn't guarantee entry of course. The immigration officers can always deny entry to people with visas if they believe that it was obtained fraudulently. However, having an actual visa that was not obtained fraudulently puts you in a stronger position than having nothing at all.

Many years ago my former wife was often taken aside and questioned extensively by immigration officials in Atlanta (that was before we were married) because she was making so many trips to the US to visit me (I was on an H1 visa at the time). She was from Belgium which was and still is part of the visa waiver program. This immigration harassment no longer happened once she obtained a tourist visa from the USEM in Brussels valid for 10 years.

Thanks,

Are you saying when a K1 or K3 is pending on an applicant, US airport custom will know this fact when they check her passport and can possibly deny entry? Remember Switzerland and its citizen are exempt on getting tourist visa. They can get in and out without a formal visa. Thanks

Esoll

With pending k1 or k3 or CR visas, she may not be able to enter the US as a tourist, unless she can convince immigration officials that she still has strong ties to Switzerland. Even k1 and k3 visas are treated as de facto immigrant visas, even though technically they are not.

The simplest thing to do would be for you to visit her while her visa is pending. She could always apply for a tourist visa at the USEM in Switzerland. It would be less of an inconvenience if she was denied the tourist visa than be turned away by immigration officers on reaching the US.

If you don't mind getting married in Switzerland the CR-1 has less steps. Your partner would enter the country and receive a conditional green card and be allowed to work once the i-130 was completed. My husband and I filed both an I-130 and the K-3 and they finished both applications at the same time. We followed through with the CR-1 route and dropped our K-3 petition. From reading on this site it seems common that they approve both at the same time.

Not sure what your situation is but if you were to get residency in Switzerland you may be able to do direct consular processing. Have a look at the US embassy website for Switzerland and see if they are a country that allows that. I know that the New Zealand Embassy processes almost immediatly or as soon as you have all the correct documentation. But again not sure if this is possible for you and you need to have lived in the country for a certain timeframe. Six months for New Zealand. Wish I had known this when I was applying but we took the long way!

Thank you for your reply,

I have been thinking about a "direct consular processing" and as you stated I need to take residence in Switzerland for 6 months. My life is here in the US and this would not be an option.

Regards,

Esoll.

[Frenchwife 1]

Just to share intentions if not yet experience

My husband and i have file for K3 last week

I hope to be able to visit the US family with my son at christmas

I intend to go under VWP with proof showing that I have interest in France that will oblige me to go back.

Will include I think letter I have a job by my employer, a house by my bank.

I think the most solid one is the job, because a house you can sell it from abroad.

I will mention the purpose of my trip: visiting family for christmas

I don't think I have to mention my pending K3 according to the VWP questionnaire

maybe they will see it on the computer (who knows)

if they ask I will tell of course and show my proofs if needed

additionnally

I will be with my toddler son USC. If they send me back they will send my son back also which I think it would be quite a trauma that

an officer would not want to inflige to an USC.

Before filing K3 I have passed the POE about 30 times that gives me a great record of going back!!!!

Last but not least

whatever you say you must tell the truth, be clear, concise, and sure.

so to summarize:

yes better if you go and visit

if she has demonstrable interest in Switzerland maybe she can try flying for the visit

Edited October 21, 2008 by Frenchwife

[esoll 0]

Thanks for the information, particularly the obtention of a tourist visa, even if the country of origin has a waiver. That was a good call and the letter from the employer is also a good thing to have, juste in case.

Bonne chance pour vous.

Esoll.

Just to share intentions if not yet experience

My husband and i have file for K3 last week

I hope to be able to visit the US family with my son at christmas

I intend to go under VWP with proof showing that I have interest in France that will oblige me to go back.

Will include I think letter I have a job by my employer, a house by my bank.

I think the most solid one is the job, because a house you can sell it from abroad.

I will mention the purpose of my trip: visiting family for christmas

I don't think I have to mention my pending K3 according to the VWP questionnaire

maybe they will see it on the computer (who knows)

if they ask I will tell of course and show my proofs if needed

additionnally

I will be with my toddler son USC. If they send me back they will send my son back also which I think it would be quite a trauma that

an officer would not want to inflige to an USC.

Before filing K3 I have passed the POE about 30 times that gives me a great record of going back!!!!

Last but not least

whatever you say you must tell the truth, be clear, concise, and sure.

so to summarize:

yes better if you go and visit

if she has demonstrable interest in Switzerland maybe she can try flying for the visit