K-3 Visa Processing Time....

[WinstonKennedy 0]

Firstly, hi everyone.. it's my time posting here

My wife (US Citizen) and I have been married for over two years and have been living in the United Kingdom (my homeland).

We're now looking to move to America and continue our lives there, and so we're beginning the process of applying for a K-3 Visa ==> Green Card for myself in the US.

My wife's current UK visa (a 2 year leave-to-remain visa for a non-uk spouse), is set to expire in April 2011. We have the option of applying for indefinite leave to remain, and we're both currently in full time employment in the UK. However, as we're planning to relocate to America, this seems a needless expense (costs £1250 ~ $2000 equiv), since we're planning on leaving the UK as soon as my visa status in the US is granted.

Due to this circumstance, we're wondering what our options are... should we overstay the UK visa, not mention it and keep working whilst the US visa is processing? Should my wife return to America early whilst I continue to work in the UK and await my visa? Are there any other options?

We're solvent enough to pay the $2000 for indefinite leave, but it seems pointless when we'll only get a couple of months use out of it. However, if we choose not to go down this route and there is any significant hold-up in receiving the US visa, this may mean extended periods away from one another, and/or for my wife to be forced out of work in the UK and living here on an expired visa.

I guess question in short is... can anyone provide an approximate time for the visa process when undertaken from within the UK? I don't perceive any reasons why there would be delays, as we fulfil all the necessary criteria for the process to be expiditious.

Also, is there any value in getting an expidited service for the Visa processing? We used a company in the United States for this for my wife's original visa when preparing to come to the UK, and it seemed very good, as we had the whole process finished in about 10 days!

Edited February 21, 2011 by WinstonKennedy

[canadian_wife 1,791]

First of all your only option for a spousal visa is the Cr-1, there is no more K-3 visa

Further, you can file directly with the consulate which will save you time

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

You're looking at a few months for the visa to process. DCF is the fastest way - no expedite unless there is a severe medical reason or imminent military deployment

It is against the TOS to suggest anything other than legal ways so no one here should suggest overstaying and violating UK immigration law

Good luck

[Luckywife2007 6]

Unfortunately getting your Green Card/Visa is a bit more in depth and time consuming than the process that your Wife received her Visa for the UK. I wish that this were the process for our loved ones wanting to immigrate to the US! You can either go the DCF path, where you and her are both in the UK and can be together during the process (and the time that this takes is much faster) OR she can return to the US and begin the CR1/IR1 process which takes approx. a year (give or take a month or two)

If you choose to do DCF, In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition, which sounds like your wife has already established. Domicile is another very big issue: A US Citizen living overseas that wishes to complete the I-864, Affidavit of Support, for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have U.S. domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. In addition to having a US domicile/reestablishing domicile the US Citizen must either have employment that will continue (from the same source) when they move/return to the US, or, per the instructions on the I-864, the US Citizen and their spouse may use assets to qualify if the income requirement is not met. In many cases however a couple may need to get a joint sponsor to successfully fulfill the requirements on the I-864.

There are a lot of VJ Members that are from the UK and can be of great assistance to you and have experience with both the DCF and filing from the USA... either way.... check out the "GUIDES" here as well.

. GOOD LUCK!

[pushbrk 12,105]

First of all your only option for a spousal visa is the Cr-1, there is no more K-3 visa

Further, you can file directly with the consulate which will save you time

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

You're looking at a few months for the visa to process. DCF is the fastest way - no expedite unless there is a severe medical reason or imminent military deployment

It is against the TOS to suggest anything other than legal ways so no one here should suggest overstaying and violating UK immigration law

Good luck

Correct except they've already been married for two years so it would be the IR1 visa, not the CR1. There's a DCF (Direct Consular Filing) guide here and you'll want to go the the London Embassy website for their specific instructions as well. Pay close attention to the US Domicile requirements but generally, the clear intention to establish US domicile is sufficient for London. The US address of parent or family member with whom you will initially stay is usually sufficient, as long as your wife has been filing US Tax returns. If not, she'll need to file those back returns but is unlikely to owe any taxes unless she earns more than $90,000 USD currently.

[YuAndDan 153]

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

I would be filing the petition to the USCIS unit located in the London Embassy (DCF) and have spouse work on re-establishing US Domicile.

[WinstonKennedy 0]

Hi Everyone,

Firstly, thank you very much for your responses. I appreciate all the advice you've been providing.

I'm amazed that the K-3 is now out of date! Having researched pretty thoroughly on the official USCIS website, I did see information relating to this.

With this being the case, is the process still the same? (that is to say, completion of I-130 form & DCF with supporting evidence and fees), with the IR-1 replacing K-3..

Although YuAndDan mentioned that an I-129 form is also necessary, since we've been married for 2+ years, am I right in assuming this is not an issue?

Regarding US Domicile requirements, we have an address which we are already intending to use for this purpose (my parent's vacation home), or we could alternatively site her parent's address for this, so I believe we should be okay. Thanks for the note on Tax Returns, pushbrk, we may have to do that, but she's not earned >$90k whilst over here so I do not believe there will be any due.

To my knowledge, these seem to be the forms I need to supply:

2 x G-325 - Biometrics Form - Both Sponsor & Spouse

1 x I-130 - Petition Form for non-resident Spouse

1 x I-864 - Affidavit of Support Form

Regarding the I-864 form, we can cover the requirements of this with assets, but do we need to submit the I-864 form at the same time as the I-130 form, or is this following notification of receipt of the I-130 form?

Also, to put a face to my name, Here's a picture of my wife and I:

Edited February 21, 2011 by WinstonKennedy

[YuAndDan 153]

Hi Everyone,

Firstly, thank you very much for your responses. I appreciate all the advice you've been providing.

I'm amazed that the K-3 is now out of date! Having researched pretty thoroughly on the official USCIS website, I did see information relating to this.

With this being the case, is the process still the same? (that is to say, completion of I-130 form & DCF with supporting evidence and fees), with the IR-1 replacing K-3..

Although YuAndDan mentioned that an I-129 form is also necessary, since we've been married for 2+ years, am I right in assuming this is not an issue?

Regarding US Domicile requirements, we have an address which we are already intending to use for this purpose (my parent's vacation home), or we could alternatively site her parent's address for this, so I believe we should be okay. Thanks for the note on Tax Returns, pushbrk, we may have to do that, but she's not earned >$90k whilst over here so I do not believe there will be any due.

To my knowledge, these seem to be the forms I need to supply:

2 x G-325 - Biometrics Form - Both Sponsor & Spouse

1 x I-130 - Petition Form for non-resident Spouse

1 x I-864 - Affidavit of Support Form

Regarding the I-864 form, we can cover the requirements of this with assets, but do we need to submit the I-864 form at the same time as the I-130 form, or is this following notification of receipt of the I-130 form?

Also, to put a face to my name, Here's a picture of my wife and I:

I-129F is used for K-Visas like K-3, however in the case of a K-3 it would be filed after filing I-130 for a spouse visa. That being said NVC kills the I-129F anyway, and it slows the process down while USCIS matches up the two petitions state-side. K-3 is not out of date, only processing efficiencies have made it obsolete and NVC simply cancels it. It would take an ACT of congress to officially kill it as an option, part of the LIFE-ACT would have to be overturned.

Yes the process for DCF is essentially the same only the petition is filed at the Embassy in London rather than being mailed to the PO box in Chicago.

You can follow this guide to organize paperwork: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

I-864 is not included in the petition filing, it will later be brought to the visa interview.

More: http://london.usembassy.gov/dhs/uscis/i130filing.html

Moving to DCF forum...

[WinstonKennedy 0]

Thanks for the help everyone, I'm sending off the I-130 et al today!

[WinstonKennedy 0]

So excited!

Edited February 23, 2011 by WinstonKennedy