We can't stay in one country!

[LiefKH 0]

I want to start this process as early as possible... I am currently in Afghanistan, and she is in South Korea until April 16th. She is going home afterwards and sitting around until I get back in America.

Some questions:

• Can we start this process now, considering she is moving countries soon? As will I?
  
• She is a U.K citizen, if we do not finish this entire process and get her in the United States by the time I get back (highly unlikely, it seems!) Will it impact our petition if she randomly came here on a holiday? As a U.K. citizen, she can come for up to 90 days without a visa.
  

We're new to this website and have only just started pouring over the guides, forums, and any older thread that might be relevant. I just want to get an answer to these questions as quick as possible so if it turns out being impossible... I can know now, and not get my hopes too high. I am also just going to use this thread to post further questions I might have to my individual case.

Thank you very much all!

Edited February 19, 2012 by LiefKH

[together4evr 360]

When you have a new question then you should start a new thread so others who want an answer to the question can do a search and find your thread and then they do not have to pos a question themselves.

Good Luck

[LiefKH 0]

When you have a new question then you should start a new thread so others who want an answer to the question can do a search and find your thread and then they do not have to pos a question themselves.

Good Luck

Makes sense! I'll keep that in mind for future questions. Thank you much.

[Dan & Jenni 457]

She is a U.K citizen, if we do not finish this entire process and get her in the United States by the time I get back (highly unlikely, it seems!) Will it impact our petition if she randomly came here on a holiday? As a U.K. citizen, she can come for up to 90 days without a visa.

it isnt normally a problem for a UK citizen to visit the US while an application is being processed but she will need to take proof of ties to the UK with her just in case she gets questioned at the airport. even if she gets denied entry though it shouldnt have any effect on your petition.

if you are in the military then you should look in to getting your case expedited. i dont if it will be possible but it is always worth asking about

[*Snowdrop* 603]

Repeat post - sorry

Edited February 19, 2012 by *Lynne*

[*Snowdrop* 603]

You can start the process any time you like - where you are both living may affect how you proceed though.

You'll probably have to give everyone here a little more information to be able to help you:

You don't say but I assume at this point you are not married? If that's the case then you first need to decide whether you will want to pursue a fiance visa (K1) or a Spousal visa (CR1). There are pros and cons to each visa and a different set of steps to follow for each one.

If you look at the guides at the top of this site there is a comparison of the different visas and what it might mean for you. It's a very personal choice. And there will be lots of different factors that are important for both of you.

(I'm from the UK and I wanted to get married in the UK more than anything so that is why we did the spouse visa rather than the fiance visa, for example)

If you are already married then you just have the one option - the spouse visa (CR1) - It's most likely that you will be filing your petition in the US. But that doesn't mean you can't mail it in from overseas.

On your other point - yes she can visit you during the process but needs to be aware that in some cases the immigration officers might refuse entry if they suspect someone is not going to return home - it's rare for UK travellers but it does happen. The best way to proceed is to bring strong proof of your intent to return back to the UK. (Lease agreements, letter from employer etc)

I visited the US both before, during and after we had sent in the visa petition - I came over about 5 times after we had sent the petition in, from a weekend trip to a 2 month trip - I never had any issues getting in, I always brought loads of evidence that I intended to return to the UK, but I was never asked for it.

EDITED TO ADD: Ahh - I just noticed from your other post that you are not married so that answers the point above but also that your fiancee is from South Africa and when you say she is going home you mean she is going there while you wait out the visa. I don't know if this would make a difference. I'm assuming that it's the same for everyone when travelling on a British passport no matter where they are travelling from but I don't know for sure.

How it will make a difference is that your fiancee will not be doing her in country processing in the UK so for the best help on this site you should link your profile here on the site to the country she comes from and lives in rather than her UK citizenship to get the best results from the timeline trackers etc. And also to get the best information about the Embassy specific stage / medical etc.

Edited February 19, 2012 by *Lynne*

[LiefKH 0]

it isnt normally a problem for a UK citizen to visit the US while an application is being processed but she will need to take proof of ties to the UK with her just in case she gets questioned at the airport. even if she gets denied entry though it shouldnt have any effect on your petition.

if you are in the military then you should look in to getting your case expedited. i dont if it will be possible but it is always worth asking about

That is great news, and the fact that you say I should look into getting it expedited? I mean I know being in the military helps you in A LOT of areas... didn't expect it to work in this process as well? I will definitely mention it, my current deployment too! Thanks!

On your other point - yes she can visit you during the process but needs to be aware that in some cases the immigration officers might refuse entry if they suspect someone is not going to return home - it's rare for UK travellers but it does happen. The best way to proceed is to bring strong proof of your intent to return back to the UK. (Lease agreements, letter from employer etc)

I visited the US both before, during and after we had sent in the visa petition - I came over about 5 times after we had sent the petition in, from a weekend trip to a 2 month trip - I never had any issues getting in, I always brought loads of evidence that I intended to return to the UK, but I was never asked for it.

This was my biggest worry. She is going back home to South Africa to wait for me to leave Afghanistan. She's also looking for Au Pair jobs as a back up. I just want to start this process as early as possible.

EDITED TO ADD: Ahh - I just noticed from your other post that you are not married so that answers the point above but also that your fiancee is from South Africa and when you say she is going home you mean she is going there while you wait out the visa. I don't know if this would make a difference. I'm assuming that it's the same for everyone when travelling on a British passport no matter where they are travelling from but I don't know for sure.

How it will make a difference is that your fiancee will not be doing her in country processing in the UK so for the best help on this site you should link your profile here on the site to the country she comes from and lives in rather than her UK citizenship to get the best results from the timeline trackers etc. And also to get the best information about the Embassy specific stage / medical etc.

Yeah, as far as the process goes for our K(1) visa, the UK citizenship doesn't matter. I guess the most important thing is that she can leave her country while we do this, if we don't get it approved in time. I get back from Afghanistan this summer, and then a few weeks later go on vacation. We intend on her being there to meet my family, whether she is over her on a fiancé visa or a holiday one. I just don't want the fiancé visa process to be disrupted if she leaves.

I'll link the profile now! Thanks for that tip!

Edited February 20, 2012 by LiefKH