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say101

Lawyer/Attorney recommendation plus Marriage advice

By say101 in K-3 Spouse Visa Process & Procedures

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say101 Rookie

say101   0

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Filed: Country: United Kingdom
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Posted

A Newbie here.

I am getting married to a US citizen (she is Peruvian but has full citizenship). I am loathe to do it in England because of the immigration laws here and cannot travel to the states due to my VWP status being revoked as i had spent 9 months in the states (travelling back every 90 days so as not to break immigration laws).

2 questions: Can i get married in, say Dominican Republic or Spain and still file for a K3? I read somewhere that you have to have lived in the country where you got married for at least 6 months.

Second, can anyone recommend a lawyer/attorney? I have seen lots of adverts on Google but i cannot tell the dodgy from the legit.

Any thoughts would be appreciated.

Thanks,

SAY

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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Posted (edited)

You can legally marry in any country, as long as you meet the requirements of THAT country (needs to be individually investigated)... Some allow destination wedding (1-3 day wait on a license)... Others may have a paperwork or other beauracratic requirement.....

You may be referring to the 6 month requirement is for directly petitioning for a visa at the foreign consulate rather than a stateside USCIS service center... Since a K-3 cannot be petitioned for at the consulate, it will not affect you. A K-3 can be interviewed at the consulate in the country of the marriage. So a wedding in Spain could have the visa interview in Madrid, etc.....

Edited by payxibka

YMMV

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pushbrk Grand Master

pushbrk   12,256

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Filed: Other Country: China
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You can legally marry in any country, as long as you meet the requirements of THAT country (needs to be individually investigated)... Some allow destination wedding (1-3 day wait on a license)... Others may have a paperwork or other beauracratic requirement.....

You may be referring to the 6 month requirement is for directly petitioning for a visa at the foreign consulate rather than a stateside USCIS service center... Since a K-3 cannot be petitioned for at the consulate, it will not affect you. A K-3 can be interviewed at the consulate in the country of the marriage. So a wedding in Spain could have the visa interview in Madrid, etc.....

Correct, except for K3 the interview MUST be in the country the marriage took place unless that country was the USA. In that case, it's the country of residence of the visa applicant.

Facts are cheap...knowing how to use them is precious...
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TBoneTX Grand Master

TBoneTX   43,489

Posted
Filed: Citizen (apr) Country: Ecuador
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Regarding attorneys: http://www.tindallfoster.com

VERY reasonable rates for e-mail consultation. Request J.J. Slater and/or Mark Cross (the latter with consular experience of his own).

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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say101 Rookie

say101   0

Posted
Filed: Country: United Kingdom
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  • Author
Posted (edited)
You can legally marry in any country, as long as you meet the requirements of THAT country (needs to be individually investigated)... Some allow destination wedding (1-3 day wait on a license)... Others may have a paperwork or other beauracratic requirement.....

You may be referring to the 6 month requirement is for directly petitioning for a visa at the foreign consulate rather than a stateside USCIS service center... Since a K-3 cannot be petitioned for at the consulate, it will not affect you. A K-3 can be interviewed at the consulate in the country of the marriage. So a wedding in Spain could have the visa interview in Madrid, etc.....

So if i were to fly to say Dominican Republic to marry, i couldn't have my visa interview here in england?

Edited by say101
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ronjie Community Regular

ronjie   0

Posted
Filed: K-3 Visa Country: Philippines
 Timeline
Posted
You can legally marry in any country, as long as you meet the requirements of THAT country (needs to be individually investigated)... Some allow destination wedding (1-3 day wait on a license)... Others may have a paperwork or other beauracratic requirement.....

You may be referring to the 6 month requirement is for directly petitioning for a visa at the foreign consulate rather than a stateside USCIS service center... Since a K-3 cannot be petitioned for at the consulate, it will not affect you. A K-3 can be interviewed at the consulate in the country of the marriage. So a wedding in Spain could have the visa interview in Madrid, etc.....

So if i were to fly to say Dominican Republic to marry, i couldn't have my visa interview here in england?

Thats correct. You would have the interview in the Dominican Republic, if thats where you got married.

2008-03-03 : I-130 Sent

2008-03-03 : I-130 NOA1

2008-05-08 : Touched

2008-10-16 : Touched

2008-10-20 : Touched and Approved (NOA2)

2008-03-27 : I-129F Sent

2008-03-31 : I-129F NOA1

2008-04-24 : Touched

2008-10-03 : Touched

2008-10-05 : Touched

2008-10-06 : Touched

2008-10-20 : Touched and Approved (NOA2)

2008-10-22 : NVC Receive

2008-10-24 : NVC Left

2008-10-30 : USEM Receive

2008-11-10 : Wife's Medical - PASSED

2008-12-01 : Son's Medical - PASSED

2008-12-19 : USEM Interview - PASSED

2009-01-14 : VISA RECEIVED

2009-01-25 : US Entry (JFK)

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