Help sorting which visa to choose?

[cmoore25 4]

I am currently engaged to a man living in Scotland. I will be visiting him in February, we are trying to decide if we should get married in February and go the k3 route or stay engaged and go the k1 route. Because of this we have been looking at both the K1 visa and the K3 visa hoping to pick the one that fits our needs the most. I have been researching online the differences between the two as well as reading the book "Fiance & Marriage Visas" by Nolo. I feel as though I understand the basics of each but have a few specific questions as far as comparison.

1) Through my research it seems to me that the K1 visa allows for fiance to work when he entered the US, although tricky. However, it states that you can file an adjustment of status after the wedding (within 90 days of his arrival). The adjustment of status, from what I gather, will be approved within 90 days as well, allowing him to work? Is this right?

2) If we were to go the K3 route, it looks as though once he is approved to move to the USA he would then apply for a greencard - which could take up to two years? Meaning he couldn't work at all for two years, correct?

Either way, from my research, it looks like both the k1 and the k3 are taking about the same time to process - so my big concern is when he will be able to apply for jobs and have an income. While my income exceeds the federal poverty income needed, neither of us are comfortable living off of just my salary for an extended period of time.

Also, regarding either visa - it is my understanding that he will remain in Scotland while they are being processed. He had found a website stating that with the K3 visa he would be able to move over here and wait while it was being processed. Is that true?

I apologize in advance if this question has been asked numerous times - I have been lurking around the site on and off for a few days and haven't seen those specific questions. Also, I'm becoming a bit frustrated with all of the information that is out there (often times not matching up from one site to another) that I figured I would just ask!!!

I am very excited to be a new member of this forum - the knowledge and support offered here looks amazing!!!

[pushbrk 12,094]

I am currently engaged to a man living in Scotland. I will be visiting him in February, we are trying to decide if we should get married in February and go the k3 route or stay engaged and go the k1 route. Because of this we have been looking at both the K1 visa and the K3 visa hoping to pick the one that fits our needs the most. I have been researching online the differences between the two as well as reading the book "Fiance & Marriage Visas" by Nolo. I feel as though I understand the basics of each but have a few specific questions as far as comparison.

1) Through my research it seems to me that the K1 visa allows for fiance to work when he entered the US, although tricky. However, it states that you can file an adjustment of status after the wedding (within 90 days of his arrival). The adjustment of status, from what I gather, will be approved within 90 days as well, allowing him to work? Is this right?

2) If we were to go the K3 route, it looks as though once he is approved to move to the USA he would then apply for a greencard - which could take up to two years? Meaning he couldn't work at all for two years, correct?

Either way, from my research, it looks like both the k1 and the k3 are taking about the same time to process - so my big concern is when he will be able to apply for jobs and have an income. While my income exceeds the federal poverty income needed, neither of us are comfortable living off of just my salary for an extended period of time.

Also, regarding either visa - it is my understanding that he will remain in Scotland while they are being processed. He had found a website stating that with the K3 visa he would be able to move over here and wait while it was being processed. Is that true?

I apologize in advance if this question has been asked numerous times - I have been lurking around the site on and off for a few days and haven't seen those specific questions. Also, I'm becoming a bit frustrated with all of the information that is out there (often times not matching up from one site to another) that I figured I would just ask!!!

I am very excited to be a new member of this forum - the knowledge and support offered here looks amazing!!!

For all intents and purposes, the K1 holder is not authorized to work until about three months after both marrying and filing adjustment of status and EAD applications.

Forget the book if it talks about K3. K3 is obsolete. CR1 would be the currently available spouse visa if you decide to marry in February. Click on "Guides" at the top of any page here for current procedures.

You may have an insurmountable issue though. Unlike the USA where a visiting foreigner with sufficient documentation is free to marry a US Citizen, the UK requires a special visa to accomplish a legal marriage between a foreigner (Non-EEU) and a UK citizen, even if there is no intention to remain in the UK after the marriage. Unless Scotland has different set of rules than the rest of the UK, marriage may not be possible in February as you are unlikely to obtain the necessary visa by then.

Edited December 18, 2010 by pushbrk

[faust-yusov 103]

I am currently engaged to a man living in Scotland. I will be visiting him in February, we are trying to decide if we should get married in February and go the k3 route or stay engaged and go the k1 route. Because of this we have been looking at both the K1 visa and the K3 visa hoping to pick the one that fits our needs the most. I have been researching online the differences between the two as well as reading the book "Fiance & Marriage Visas" by Nolo. I feel as though I understand the basics of each but have a few specific questions as far as comparison.

1) Through my research it seems to me that the K1 visa allows for fiance to work when he entered the US, although tricky. However, it states that you can file an adjustment of status after the wedding (within 90 days of his arrival). The adjustment of status, from what I gather, will be approved within 90 days as well, allowing him to work? Is this right?

2) If we were to go the K3 route, it looks as though once he is approved to move to the USA he would then apply for a greencard - which could take up to two years? Meaning he couldn't work at all for two years, correct?

Either way, from my research, it looks like both the k1 and the k3 are taking about the same time to process - so my big concern is when he will be able to apply for jobs and have an income. While my income exceeds the federal poverty income needed, neither of us are comfortable living off of just my salary for an extended period of time.

Also, regarding either visa - it is my understanding that he will remain in Scotland while they are being processed. He had found a website stating that with the K3 visa he would be able to move over here and wait while it was being processed. Is that true?

I apologize in advance if this question has been asked numerous times - I have been lurking around the site on and off for a few days and haven't seen those specific questions. Also, I'm becoming a bit frustrated with all of the information that is out there (often times not matching up from one site to another) that I figured I would just ask!!!

I am very excited to be a new member of this forum - the knowledge and support offered here looks amazing!!!

First thing's first, the K-3 is a defunct visa type for spouses (not fiances) of US citizens, ushered in some time ago when CR1 visas were taking several years to process. It took roughly 6 months to process and allowed married couples to live together in the US while the I-130 form (for an immigrating spouse) was being processed. I-130 processing has sped up considerably over the latter half of the last decade, and now takes only 6 months, rendering the K-3 a redundant and expensive relic.

Your options are thus: a) get married (this can be done in the US if he travels to you on the VWP [$14 + $40 for a marriage license], or in the UK if you apply for a fiance visa [a hefty $500]), and subsequently file an I-130 for a CR1 visa (a 6-10 month process), or b) file an I-129F for a K-1 visa (a 5-8 month process).

The CR1 is a cheaper, more powerful visa, as the foreign spouse enters the US with a green card and work permit. The K-1 requires that the foreign fiance files for adjustment of status after marrying in the US, as well as for a SSN and EAD (employment authorization document). The K-1 will, however, usually get you living together in the US sooner than the CR1. It's a judgment call on your part.

Provided neither of you have any previous visa complications (overstays, etc), there is nothing stopping you visiting each other during the processing of his K-1/CR1 visa.

With regard to working on a K-1 visa, this is a recent and relevant thread on the subject.

Best of luck to you both.

f-y.

Edited December 18, 2010 by faust-yusov

[cmoore25 4]

Thank you to both of you!!

I was unsure about getting married in the UK b/c I had come across the visitor visa with intent to marry - but thought that was with intention to stay - not leave. So, good to know!

As far as the CR1 & K3, the book referred to both, which was one thing that had REALLY confused me!

Since going to the UK to be married does not seem like an option, I guess that picks the visa for us, as he can't come here and marry me - from what I've read that tends to make a marriage look a bit shady to immigration.

K1 looks like the way forward!!! I'm so excited to have sorted this out and can now begin the process!! Is the timeline of 7-8 months from start to finish about average? I know there are obstacles that pop up, but assuming everything goes smoothly, is that about right?

Again, thank you SO much!!!

Charlotte

[faust-yusov 103]

K1 looks like the way forward!!! I'm so excited to have sorted this out and can now begin the process!! Is the timeline of 7-8 months from start to finish about average? I know there are obstacles that pop up, but assuming everything goes smoothly, is that about right?

Perhaps even a little quicker, on average - for UK foreign fiances, filing time of I-129F to interview going by recent anecdotal reports seems to be about 6 months. Just be sure to submit a bulletproof I-129F and I'm sure you'll be fine.

Always good to brace yourself for the worst, though - you never know with USCIS

Edited December 18, 2010 by faust-yusov

[pushbrk 12,094]

Thank you to both of you!!

I was unsure about getting married in the UK b/c I had come across the visitor visa with intent to marry - but thought that was with intention to stay - not leave. So, good to know!

As far as the CR1 & K3, the book referred to both, which was one thing that had REALLY confused me!

Since going to the UK to be married does not seem like an option, I guess that picks the visa for us, as he can't come here and marry me - from what I've read that tends to make a marriage look a bit shady to immigration.

K1 looks like the way forward!!! I'm so excited to have sorted this out and can now begin the process!! Is the timeline of 7-8 months from start to finish about average? I know there are obstacles that pop up, but assuming everything goes smoothly, is that about right?

Again, thank you SO much!!!

Charlotte

Marrying in the US while visiting is perfectly legitimate as long as the foreigner leaves before their granted visiting time has expired. Anything you read to the contrary is simply incorrect.

On the other hand entering the USA as a visitor with the intent to both marry AND stay doesn't make the marriage look shady, it's simply immigration fraud.

[faust-yusov 103]

Marrying in the US while visiting is perfectly legitimate as long as the foreigner leaves before their granted visiting time has expired. Anything you read to the contrary is simply incorrect.

On the other hand entering the USA as a visitor with the intent to both marry AND stay doesn't make the marriage look shady, it's simply immigration fraud.

+1

Sorry, skimmed your post and didn't notice this part.

What pushbrk says is completely correct. Visiting with intent to marry is perfectly legal - just ensure that he returns to Scotland before his visa expires.

f-y.

[*Snowdrop* 603]

Just to mention that in case you change your mind about visa and want to get married in the UK - my husband applied for the marriage visa in the UK so that we could be married there before we applied for the CR1 and I moved to the US.

The visa is really quick to obtain - it took 5 days from my husband posting the packet to the UK Embassy in Washington to receiving his passport back with the visa. The visa also allows you the option of staying for 6 months in the UK and adjusting status after the wedding to live there. (Although we didn't use those options my husband went back to the US 5 days after our wedding)

I'm not sure how it works in Scotland but the second issue you need to look at when getting married in the UK is the regional rules for the type of wedding you are having. We had a civil ceremony in England and to make that a legal, registered marriage my husband had to spend a week living in the UK - which we had to prove before getting our marriage licence.

[Amy and Nick 37]

If him working is really important to you, I would really consider the CR-1. With the K-1 its gonna be over $1000 in extra fees, plus when he arrives in the US it will be 90 days before he can get the EAD...

Good luck!