K3 visa is this the best way to go?

[*sarahjane* 0]

Hi eveyone,

Have done loads of digging and came across this site. Just wondering if any of you could give me some advice.

What we plan to do is:- ( please let me know if I'm wrong on any of this )

I will go over to America for us to get married, since we plan to live in America and from what I've found out it's better for us to get married in the country that we plan to live in. I wont need a visa since I can get into America for 90 days without needing one ( I'm English ) From what I have found out all I need to get married in MO is my birth certificate and my passport. I was told that I would need something from the UK to give me permission to marry in America or I wont be allowed to apply for a marriage licence, but I cant find any information about this anywhere.

So after we are married, my husband ( oh sounds so weird saying that hehe ) and I will do all the paper work that is needed for me to be able to get the K3 visa and then return to America for good. I want to be able to have my work permit and social security number all sorted out before I actually move over there. And it can take a few months to do all of that. He has the means to support me if needs be and I also have savings as well but I dont really want to wait around for a few months before I can work.

Does that sound like a good way of doing things? Or is there other options open to us that you think would be better for us to do?

Thanks for your help.

Sarah xxx

[Inky 1,110]

K3 is closed. You would file for a CR-1 if you are married.

[Darnell 8,478]

Alas, a K-3 visa never, ever allowed for a work permit or SSN. Strongly suggest you focus on a CR-1 visa, instead.

Sure, a K-3 visa got you into the country, a bit quicker, but these days, that time gap is mostly lost, and alas - NVC administratively closes the I-129F petition (which is needed for the K-3 visa, btw) when the I-129F petition comes in with the I-130 petition (which is needed to even file an I-129F petition).

For any K-3 'visa holder' to get work permit or SSN, they'd have to EITHER:

--apply, once in USA, for EAD card or

--file new 'adjustment of status' case to USCIS, after arrival in USA.

Here's some light reading - please let me know what yer thoughts are, after reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

----

Unless yer coming in on an investor visa, there is never have my work permit and social security number all sorted out before I actually move over there available for any type of spousal visa - it's never 'sorted' prior to 'arrival'.

Edited August 19, 2010 by Darnell

[*sarahjane* 0]

hmmmm obviously I wasn't looking in the right places. Everywhere I have looked said it was the K3.

Guess I'm going to have to go and google that now lol Thanks very much for letting me know.

[Darnell 8,478]

hmmmm obviously I wasn't looking in the right places. Everywhere I have looked said it was the K3.

Guess I'm going to have to go and google that now lol Thanks very much for letting me know.

no need to google - pleave click the links in my prior reply to you.

[Darnell 8,478]

FWIW, no problems at all , in coming to USA on VWP to get married. Just remember to return to yer home country prior to the expiration date on yer 'document'.

[*sarahjane* 0]

Thanks for those links very interesting. The CR-1 does look to be a much better way of going about things.

Yes I had planned to return after we got married, not the most ideal situation but I think it is the best way to go about things. So am I also right in thinking that I can apply for the work permit and the social security number while in the US but I don't have to stay there until they are issued.As long as I have provided all the information they need it should be ok. Hoping that by time the CR-1 is all sorted so will everything else.

Only issue we have is with the proving some of the documentation:-

Joint bank account letter (when opened and balance) and recent statements

Joint credit card statement - including receipts from charges made by both of you

Joint federal and state tax returns

Evidence of joint life and cohabitation: monthly bills, insurance, assets etc.

A deed showing co-ownership of your property or a lease agreement with both of your names on the lease

We wont have any of these at all, wont be possible until I'm actually in America.

Transcripts of IM chats or Skype calls

Copies of letters and/or e-mails

Well since I guess most of you have been in the same situation I don't need to go into too much detail of why I wouldn't anyone else reading copies of these.

We should be good with everything else they have on the list list copies of phone bills, pictures and tickets and boarding passes ect

[Darnell 8,478]

you two can open a joint account when yer in the USA, if you really wish to try. You'll have to train up a bank manager as to WHY a foreign passport is sufficient, as most of them understand their own bank guidelines, which were formed on the basis of the Patriot Act. Of course, the Patriot Act DOES ALLOW for 'in person, bank stuff' but you'll need to train up a bank manager.

IMO, being in the USA, even for a short period of time, is useful for the creation of that evidence.

Also bear in mind, that the instructions from the I-130, for those 6 types of evidence, apply to many types of petitions, not only the IR-1/CR-1 visa type - so some of this stuff won't apply to you.

Here's what we did, ages past, on evidence --> http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

but I have to be a bit extreme, as it's China, and Guangzhou is a 'high-fraud post', unlike London.

[*sarahjane* 0]

Wow you really did go to the extreme haha

Well I'll try what I can to open the bank account, and if it will help I'll get him to add me to all the bills and the lease of his place. I was just worried that if we did all of this it would look like we were trying too hard, cause I wont be actually paying towards any of them while I'm still in England.

[Darnell 8,478]

Ya well, he can have nice 'payback' when he files the joint tax return on you two, for TY 2010, in 2011.

[*sarahjane* 0]

Haha oh I would have a clue on the American Tax system and how it works, I barely understand the UK. I know your system is a lot more complicated compared to ours. I'll leave all of that up to him. I'm sure he knows which way to work things out.

Thanks for all your help.

[pushbrk 12,260]

So am I also right in thinking that I can apply for the work permit and the social security number while in the US but I don't have to stay there until they are issued.

This is incorrect. Once you have the CR1 visa AND actually enter the USA, the production of the green card and social security number and card are triggered. They generally come in the mail within a month. You do not apply for work authorization or a SSN while in the USA. Your green card IS your work authorization.

Edited August 20, 2010 by pushbrk

[*sarahjane* 0]

thanks for that. I must of misunderstood that part as well. I thought I had to actually apply for them. So for that part of things I don't actually have to do anything at all, it will all automatically be done once I enter the US with my CR-1 visa. I don't even need to notify them that I have arrived. That's handy 1 less bit of paperwork that I have to fill out.

[fescobar 0]

I dont know if they mentioned this or not yet (i was only glancing through the posts) if you want to open an account you will need a SSN, at least i was told that at my bank when I tried to add my wife to my account. You could get your fiance to petition for an ITIN, and check with the bank to make sure if you even need this.

[daboyz 36]

I dont know if they mentioned this or not yet (i was only glancing through the posts) if you want to open an account you will need a SSN, at least i was told that at my bank when I tried to add my wife to my account. You could get your fiance to petition for an ITIN, and check with the bank to make sure if you even need this.

I added my wife to my account before she had a SS#. I watched the lady and she put 000-00-0000 for her SS#. This was BoA.