Wedding Date Set and No Visa - We need Help! Please.

[imalice 0]

Hi -

My fiance and I live in the UK and have been together over two years. I am a US Citizen and he's a Canadian. We somehow dropped the ball on the visa app and although the date is set (venue booked!) for our wedding in the US, Sept 2010, we've only just applied for the K-1 visa. Our intent was to move to the US shortly before the wedding. He could possibly be sponsored by his company if he gets an internal transfer but there are no guarantees and he is looking for other jobs in the US. I am recently unemployed as I am pursuing a new career and was intending to find a job in the US in August.

I have a few questions!

- If we don't get our visa in time for September, can we still go to the US and have an "unofficial" ceremony and then go back to the UK? Then, once we get the visa, go back to the US and get officially married at city hall?

- OR, could we just get married in the US, go back to the UK and then apply for a new K3 visa? Would they reject the application since we previously applied for a K1?

- Is my unemployment going to cause problems for sponsorship? I have assets that could sustain us for several years. Will they take that into consideration?

- Since we currently live together in the UK, is there another option for us? Do we need to file the K1? Would getting married here in a civil ceremony be easier?

Many thanks for all your help. These forums are so helpful.

[sachinky 464]

If you both live in the UK, DCF would be the best option for you!

[imalice 0]

So, marry in the UK and then apply for DCF directly in the UK? Thanks!

[Bernie C 24]

Your list of circumstances is a bit over my wealth of knowledge (or should I say lack of)!

However - what is your resident status, ie.. have you established a "permanent resident status" of greater than 6 months at the location where you are living outside the US.

It may be possible for the two of you the get married there and file DCF/CR-1. I really don't know enough about the residency requirements so maybe someone else more familiar with your situation can advise.

I can tell you that if you just filed a K-1 it is highly unlikely that you'd get through the process and make it to the US before September.

[TracyTN 237]

Agreed. It may even be pushing it to go the DCF route that quickly, but it is likely a better shot than the K1 in that timeframe.

http://www.visajourney.com/content/dcf

[pushbrk 12,110]

Hi -

My fiance and I live in the UK and have been together over two years. I am a US Citizen and he's a Canadian. We somehow dropped the ball on the visa app and although the date is set (venue booked!) for our wedding in the US, Sept 2010, we've only just applied for the K-1 visa. Our intent was to move to the US shortly before the wedding. He could possibly be sponsored by his company if he gets an internal transfer but there are no guarantees and he is looking for other jobs in the US. I am recently unemployed as I am pursuing a new career and was intending to find a job in the US in August.

I have a few questions!

- If we don't get our visa in time for September, can we still go to the US and have an "unofficial" ceremony and then go back to the UK? Then, once we get the visa, go back to the US and get officially married at city hall?

- OR, could we just get married in the US, go back to the UK and then apply for a new K3 visa? Would they reject the application since we previously applied for a K1?

- Is my unemployment going to cause problems for sponsorship? I have assets that could sustain us for several years. Will they take that into consideration?

- Since we currently live together in the UK, is there another option for us? Do we need to file the K1? Would getting married here in a civil ceremony be easier?

Many thanks for all your help. These forums are so helpful.

K3 is dead. The spouse visa applicable to you is CR1. Looks like you'll need to alter your plans in order to comply with US immigration law. At the moment, you have the cart before the horse. You have not yet applied for any visa. At most, you've filed a petition which when approved, would allow the foreign fiancee to apply for a visa.

[Nik+Heather 121]

Hi -

My fiance and I live in the UK and have been together over two years. I am a US Citizen and he's a Canadian. We somehow dropped the ball on the visa app and although the date is set (venue booked!) for our wedding in the US, Sept 2010, we've only just applied for the K-1 visa. Our intent was to move to the US shortly before the wedding. He could possibly be sponsored by his company if he gets an internal transfer but there are no guarantees and he is looking for other jobs in the US. I am recently unemployed as I am pursuing a new career and was intending to find a job in the US in August.

I have a few questions!

- If we don't get our visa in time for September, can we still go to the US and have an "unofficial" ceremony and then go back to the UK? Then, once we get the visa, go back to the US and get officially married at city hall?

This option is fraught with pitfalls - see, you aren't allowed to be married AND apply for the K-1. Someone could misunderstand your pictures, how you now call each other husband/wife, how you are wearing wedding bands....Even if you were not legally married, this route is difficult and not recommended. Not only would you have to be cautious at the visa interview, also at POE, and your AOS interview. Don't get your wedding date wrong when you quote it to them, and how memorable will your paper signing date be if it's after the big shindig??

- OR, could we just get married in the US, go back to the UK and then apply for a new K3 visa? Would they reject the application since we previously applied for a K1?

No, you would not be rejected for the CR-1 because you had a K-1 started and abandoned it. You also don't have to go back to the UK. After you look into the other issues (establishment of domicile, sponsorship) you may decide this is a better choice, that you precede him to the states.

- Is my unemployment going to cause problems for sponsorship? I have assets that could sustain us for several years. Will they take that into consideration?

In order to use assets, you would need 3x the 125% poverty limit for your household size. Google I-864P. London will accept the assets of either the petitioner or the beneficiary, so you two can pool that resource.

- Since we currently live together in the UK, is there another option for us? Do we need to file the K1? Would getting married here in a civil ceremony be easier?

I think this would be the easiest route, get married there now and go for DCF. Read up on establishing domicile in addition to sponsorship requirements. DCF might take 4 months, so you'll be cutting it fine for a Sept wedding, but it is feasible where the K-1 really isn't.

Many thanks for all your help. These forums are so helpful.

[imalice 0]

Thanks Nik+Heather, that helps a lot. Looks like getting married and applying for CR-1 or DCF are the only feasible options.

[Ak+Tk 0]

K3 is dead. The spouse visa applicable to you is CR1. Looks like you'll need to alter your plans in order to comply with US immigration law. At the moment, you have the cart before the horse. You have not yet applied for any visa. At most, you've filed a petition which when approved, would allow the foreign fiancee to apply for a visa.

Agreed with Pushbrk! to add though it says in ALL VISA GUIDES NOT to make any plans...buying plane tickets, quiting jobs until you have that visa in hand!