fiance visa jurisdiction issue please help!

[nick18 0]

hi all,

I am new to this site and so far i must say the guides are exteremely help full. I do have a jurisdiction issue that i am facing at the moment. My potential Fiance is an indian citizen and currently studying and staying in UK. Her entire family is in USA as permanent residents and she couldn't make it to USA cuz of Immigration rule of individual hiting 21 years old. Then she applied to US for a student visa and she got rejected a couple of times. So she lost hope and decided to go to UK for further education. Below are some of my concerns hopefully you can address these.

1) Would her initial applications and rejections as student visa would create a conflict if i apply for a Fiance Visa?

2) If i apply as a fiance visa would she have to go to india for the interview when time comes or can i show UK residency and she would go to an indian consulate in UK.

3) Which would be faster for her to enter the US ? are their any consequencies.

Any immediate expert advice/guidance is greatly appreciated as her student visa is expiring in April.

Thanks,

Nick

[payxibka 10,048]

hi all,

I am new to this site and so far i must say the guides are exteremely help full. I do have a jurisdiction issue that i am facing at the moment. My potential Fiance is an indian citizen and currently studying and staying in UK. Her entire family is in USA as permanent residents and she couldn't make it to USA cuz of Immigration rule of individual hiting 21 years old. Then she applied to US for a student visa and she got rejected a couple of times. So she lost hope and decided to go to UK for further education. Below are some of my concerns hopefully you can address these.

1) Would her initial applications and rejections as student visa would create a conflict if i apply for a Fiance Visa?

2) If i apply as a fiance visa would she have to go to india for the interview when time comes or can i show UK residency and she would go to an indian consulate in UK.

3) Which would be faster for her to enter the US ? are their any consequencies.

Any immediate expert advice/guidance is greatly appreciated as her student visa is expiring in April.

Thanks,

Nick

1) no

2) if perm resident of the UK then the interview can be done in at the US Consulate in London... indian consulates do NOT issue US visas

3) Faster between what and what?

[nick18 0]

Sorry I wasn't specific on my last question - would it be faster to file as fiance visa or to marry and bring the spouse over on I-130.

[Gary and Alla 3,696]

hi all,

I am new to this site and so far i must say the guides are exteremely help full. I do have a jurisdiction issue that i am facing at the moment. My potential Fiance is an indian citizen and currently studying and staying in UK. Her entire family is in USA as permanent residents and she couldn't make it to USA cuz of Immigration rule of individual hiting 21 years old. Then she applied to US for a student visa and she got rejected a couple of times. So she lost hope and decided to go to UK for further education. Below are some of my concerns hopefully you can address these.

1) Would her initial applications and rejections as student visa would create a conflict if i apply for a Fiance Visa?

2) If i apply as a fiance visa would she have to go to india for the interview when time comes or can i show UK residency and she would go to an indian consulate in UK.

3) Which would be faster for her to enter the US ? are their any consequencies.

Any immediate expert advice/guidance is greatly appreciated as her student visa is expiring in April.

Thanks,

Nick

1. I theory no. India is rife with family visa fraud, and usually exactly for the reason you mention. One member gets left behind and makes it a life quest to find a way...ANY way...to get to the USA. They are very cautious about this in India and having other family here, plus her previous visa attempts will be a red flag in India.

2. If she is a legal permanent resident of UK she can have her interview there. she will still have to get all her documents from India and the consulate in India can place restrictions on the issuance of visas in other consuates to India citizens, not sure if they do, but they can.

3. In theory neither. In practice, check the consulate reviews and timelines.

[nick18 0]

1) no

2) if perm resident of the UK then the interview can be done in at the US Consulate in London... indian consulates do NOT issue US visas

3) Faster between what and what?

she is not a permanent resident of UK thou.

[mrs. wife! 3]

Sorry I wasn't specific on my last question - would it be faster to file as fiance visa or to marry and bring the spouse over on I-130.

Fiance visa you would have to marry her within 90 days and then file for AOS. If you have time and can afford it, I advise you to go and marry her, then apply for CR1. Fiance is faster but have all the bureaucracy after entered the US. Cr1 receives the GC in the mail within 6 weeks after entered US.

Here are the guides, take a look and see what works best for you both:

K1 (Fiance visa): http://www.visajourney.com/forums/index.ph...mp;page=k1guide

CR1: http://www.visajourney.com/forums/index.ph...page=i130guide1

[Otto 83]

she is not a permanent resident of UK thou.

Legal resident of the UK though right?

[nick18 0]

she is not a permanent resident of UK thou.

Legal resident of the UK though right?

Yes, Legally residing under student Visa.