K3 info

[DavidWhite 0]

Hi all

If I marry my fiancee in the usa can I stay there until we get a lawyer and do the K3 petition is being done the reason I ask is because we've been told by a few people now that I can marry my US fiancee and stay there with her before filling any forms in but once married get a lawyer and apply for K3 but still stay in the USA while it goes through is this correct any info would be greatly appreciated regards David

[Darnell 8,478]

you are confusing 'K-3' with 'adjustment of status' .

Sorry.

[DavidWhite 0]

I just spoke to a lawyer in the UK about the K-3 they told me that if i can come to the USA on I-94 90 day entry as standard I could get married during that phase then once married apply for a K-3 when my 90 days I-94 period runs out i can remain in the USA as the K-3 petition is under way.....

Can anyone advise if that is the case and if so is this common practice or not?

I have a sponsor in place for me so i will be doing I-864 also

Any clarity would be grateful

thanks David

you are confusing 'K-3' with 'adjustment of status' .

Sorry.

[Penguin_ie 5,994]

Dump the lawyer, they are very, very missinformed.

- First of all, visas are to enter countries so there would be no point aplying for a visa when you are already in the USA

- Second, it is visa fraud to use the visa waiver program to travel to the USA with the intent of staying/ immigrating

- Third, the K3 is obsolete; it used to be faster than the CR-1 spousal visa but no longer, and is administratively closed at NVC stage, and you cannot use it to stay in the USA during the process.

You CAN use the VWP to get married in the USA and stay with your new wife for 90 days, but must return to the UK to wait out the process. You can use the VWP to visit during the process.

If you do not want to be separated after marriage, you must use the K1 fiance visa and only immigrate/ marry in the USA after you get approved.

[DavidWhite 0]

Thank you that clears some things up for me i really appreciate it

Dump the lawyer, they are very, very missinformed.

- First of all, visas are to enter countries so there would be no point aplying for a visa when you are already in the USA

- Second, it is visa fraud to use the visa waiver program to travel to the USA with the intent of staying/ immigrating

- Third, the K3 is obsolete; it used to be faster than the CR-1 spousal visa but no longer, and is administratively closed at NVC stage, and you cannot use it to stay in the USA during the process.

You CAN use the VWP to get married in the USA and stay with your new wife for 90 days, but must return to the UK to wait out the process. You can use the VWP to visit during the process.

If you do not want to be separated after marriage, you must use the K1 fiance visa and only immigrate/ marry in the USA after you get approved.

[DavidWhite 0]

I have just spoken too a different lawyer and they have told me exactly the same as the first one about being able too apply for the k-3 if it turns out I was too marry suddenly and once married I am able too remain in the usa while they do my k-3 petition either these lawyers are completely screwing me over or there right they also told me form k-3 is not obslete and is still active

Would really appreciate your feedback

[Penguin_ie 5,994]

K3 is a visa. Even if you were able to get it, you'd need to interview for it at the US embassy in your home country.

[Darnell 8,478]

http://www.visajourney.com/forums/topic/367279-k3-info/page__view__findpost__p__5367105

[DavidWhite 0]

Thank you I spoke too a immigration specialist last night also and he said exactly the same but also said that the only way you could stay during the process would be for example you come over for a holiday and say you spur of the moment got married then you can stay and apply for ajustment of status and then you may stay in the usa while that process goes through but I can leave or anything that's what I was told the other options are applying before incase so I think I'm a little clearer now thank you everyone

[Darnell 8,478]

so, 2 lawyers gave you the wrong answer and an immigration specialist (whatever that is) gave you a possible (and right) answer.

how do you feel? I know how you 'seem' , but - how how do you feel?

[DavidWhite 0]

Personally i have to think logically yes i want to be there right now with her but i cant allow myself to take shortcuts too make that happen i have now left the advice of those other people in the dark and the 2 lawyers also i am more likely too accept guidance from monkeys than them cowboys!! so i am reassured by the immagration specialist he seems open and honest didnt even charge me a fee answered all my questions relating to all options so i am feeling more comfortable with that advice

I am most likely going to go the distance then i am sure i will be doing right

so, 2 lawyers gave you the wrong answer and an immigration specialist (whatever that is) gave you a possible (and right) answer.

how do you feel? I know how you 'seem' , but - how how do you feel?

[pushbrk 12,968]

I have just spoken too a different lawyer and they have told me exactly the same as the first one about being able too apply for the k-3 if it turns out I was too marry suddenly and once married I am able too remain in the usa while they do my k-3 petition either these lawyers are completely screwing me over or there right they also told me form k-3 is not obslete and is still active

Would really appreciate your feedback

They are simply wrong about the "K3" part of the advice. If you are IN the USA and marry a US Citizen, the way you "STAY" is by applying to adjust status to permanent resident, not by embarking on any visa process. "Visas" are used to enter countries and MUST BE obtained OUTSIDE the USA. You cannot obtain a US visa from inside the USA, PERIOD.