Being in the US While Going Through K-3 Process

[egiv 0]

Hey, I'm sorry if this topic has already been addressed, but I can't seem to find it anywhere. I was just wondering if it is possible to go to the United States with my fiance (her on a tourist visa) and get married, then apply for the K-3 visa while she is in the US, that way we don't have to spend so much time apart. I have heard that the embassy (Italian in this case) will give visa extensions that would allow her to remain in the US for a few more months, after which she would obviously have to return to Italy to complete the K-3 process when the paperwork went through.

What does the time frame look like for a K-3 Visa? I have basically come to understand it could be somewhere around 8 months to over a year, which is a lot of time to spend apart from your fiance. Am I correct in this prediction?

Let me be clear: I'm not trying to ask if it's possible to beat the system by getting married on a tourist visa and then convincing the government that it wasn't planned. I'm just trying to limit the time we have to spend apart throughout this long process.

Thank you so much for any information, it is greatly appreciated!

[Mononoke28 134]

Hey, I'm sorry if this topic has already been addressed, but I can't seem to find it anywhere. I was just wondering if it is possible to go to the United States with my fiance (her on a tourist visa) and get married, then apply for the K-3 visa while she is in the US, that way we don't have to spend so much time apart. I have heard that the embassy (Italian in this case) will give visa extensions that would allow her to remain in the US for a few more months, after which she would obviously have to return to Italy to complete the K-3 process when the paperwork went through.

What does the time frame look like for a K-3 Visa? I have basically come to understand it could be somewhere around 8 months to over a year, which is a lot of time to spend apart from your fiance. Am I correct in this prediction?

Let me be clear: I'm not trying to ask if it's possible to beat the system by getting married on a tourist visa and then convincing the government that it wasn't planned. I'm just trying to limit the time we have to spend apart throughout this long process.

Thank you so much for any information, it is greatly appreciated!

Yes, your fiancée can come visit the US to get married and stay here a while during the process but I haven't heard of any extensions on the VWP or a tourist visa to let the immigrant stay longer until their petition is approved.

The process for a K3 visa can take anywhere from 6-12 months depending on which Service Center is processing the application and how backed up they are. Keep in mind that the CR1 visa can only take 1-2 months longer and in some cases just as long as the K3 and it's a much better, less expensive visa.

Diana

[pushbrk 12,243]

Yes, your fiancée can come visit the US to get married and stay here a while during the process but I haven't heard of any extensions on the VWP or a tourist visa to let the immigrant stay longer until their petition is approved.

The process for a K3 visa can take anywhere from 6-12 months depending on which Service Center is processing the application and how backed up they are. Keep in mind that the CR1 visa can only take 1-2 months longer and in some cases just as long as the K3 and it's a much better, less expensive visa.

Diana

I would amend "can" above to "may be allowed to". Certainly if you say, the purpose of the visit is to marry and wait out much of the spouse visa process, she'll never clear the POE and be sent back to Italy. If she comes for a visit and gives a true but more generic reason for her trip, there's as good a chance as ever before that she'll be admitted again. I would send her through the immigration line on her own instead of walking up together.

Then, forget the K3. Go with the CR1 visa. Plenty of discussion on why, right here in this forum.

[egiv 0]

I would amend "can" above to "may be allowed to". Certainly if you say, the purpose of the visit is to marry and wait out much of the spouse visa process, she'll never clear the POE and be sent back to Italy. If she comes for a visit and gives a true but more generic reason for her trip, there's as good a chance as ever before that she'll be admitted again. I would send her through the immigration line on her own instead of walking up together.

Then, forget the K3. Go with the CR1 visa. Plenty of discussion on why, right here in this forum.

I'm just not clear about why she not be allowed to be in the US during the period? She is not trying to use the marriage on the tourist visa to become legal, we would be going through the same process as if she were in Italy, only she would be in the US until it came time to get the actual visa in Italy.

Thanks for your responses, the bureaucracy is just a bit confusing for me!

[Catt 6]

I'm just not clear about why she not be allowed to be in the US during the period? She is not trying to use the marriage on the tourist visa to become legal, we would be going through the same process as if she were in Italy, only she would be in the US until it came time to get the actual visa in Italy.

Thanks for your responses, the bureaucracy is just a bit confusing for me!

We married in Europe and then applied for K3. During the K3 processing, I visited my husband in the US (on the Visa Waiver Program) for a few weeks, and I did not have any problems entering the country.

I had taken lots of proof of "sufficient home ties" with me, such as a letter from my employer, stating I would return to work at X date. In my case they did not ask for any proof, but they could, so I would be prepared.

According to the I-94, I was allowed to stay 3 months, so I could have done that, had we wanted to.

I have also not heard of visa extensions, but the Embassy will know more about that of course. Thing is, with VWP you don't need a visa. So - assuming Italy also falls under the VWP (but I might be mistaken there) - what would they extend precisely?

Good luck.

P.S. I agree with Pushbrk and in hindsight we would definitely not go for K3 anymore... Either K1 and then get married in the US (since that seems faster than K3 on average) or just CR1. But that is of course a personal decision.

[pushbrk 12,243]

I'm just not clear about why she not be allowed to be in the US during the period? She is not trying to use the marriage on the tourist visa to become legal, we would be going through the same process as if she were in Italy, only she would be in the US until it came time to get the actual visa in Italy.

Thanks for your responses, the bureaucracy is just a bit confusing for me!

When immigrant intent is evident or suspected, visitors are not admitted without a visa allowing immigrant intent.