Spouse visa process

[JemRowe 0]

My wife and I are UK citizens; my wife is also a US citizen. We want to live in the US. Obviously she can live and work straight away. What do I need to do to be able to work ASAP once in US? (As she is a UK citizen too, does this help my cause to live and work in the US with her?)

[Nich-Nick 3,354]

My wife and I are UK citizens; my wife is also a US citizen. We want to live in the US. Obviously she can live and work straight away. What do I need to do to be able to work ASAP once in US? (As she is a UK citizen too, does this help my cause to live and work in the US with her?)

Going to refer you to this thread about getting a spouse visa when you both reside in the UK. http://www.visajourney.com/forums/topic/371376-london-uk-dcf-2012/ You will be eligible to work when you enter the US with your spouse visa. Lots of paperwork, waiting, and fees before you get the visa.

[JemRowe 0]

Thank you so much.

Would it have been easier for my wife and I to have gotten married in the US and go through a K1 as opposed to K3 (married abroad) process?

In other words, was getting married as UK nationals a better idea (than me as UK and her as US in the USA)

????

[JemRowe 0]

My Fiancee and I are able to get married in the UK (as we are both British citizens).

My wife is also a US citizen.

I want to live and work with her in the US as soon as possible.

Should we marry in the US and follow that visa avenue (K1 i think) or get married in UK (as British citizens) and follow that visa avenue (K3 I think).

?????

[Darnell 8,479]

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/

[cathy2904 97]

If you had gone through the K1 route you would have moved to the US once the visa was issued but you would not have received an immediate green card. You would have first had to get married and then apply for Adjustment of Status (AOS) - more paperwork, more waiting and more fees. At the same time as filing the AOS you would have applied for your Employment Authorisation Document (EAD) which usually takes a couple of months to arrive. So it would have been a few months at least before you would have been able to work.

As you are both living in the UK and therefore eligible to use DCF, you will probably find the process is quicker than either the K1 or the IR1/CR1 that you would have filed if the petitioner had been living in the US and the beneficiary overseas. The K3 is effectively obsolete these days - it was used when spouse visas were taking a very long time to be processed as a way of reuniting families more quickly. Whether you were married in the UK or the US is irrelevant at this point as far as I can see.

[N-o-l-a 7,168]

Thank you so much.

Would it have been easier for my wife and I to have gotten married in the US and go through a K1 as opposed to K3 (married abroad) process?

In other words, was getting married as UK nationals a better idea (than me as UK and her as US in the USA)

????

Do not file for a K3. File only for the IR-CR1 via DCF. Count your lucky stars that the UK has DCF as many countries no longer do.

I don't think it makes one lick of difference her citizenships outside of the US. I'm a UK-US citizen and it doesn't really matter at all. It does allow me to live relatively easily with my spouse while waiting for our CR1, else than that it is useless.

Edited November 26, 2012 by Nola123

[LeftCoastLady 441]

Since you're both in the UK, go for the DCF: http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf

[cathy2904 97]

Are you married yet or not? Your other post suggests that you are already married and you also call her your wife in this post. If you are married you obviously cannot do the K1 as that is a fiancé visa. If you are married then do DCF as advised in your other thread.

[JemRowe 0]

No we are not yet married (just trying to pose both possible scenarios)

So which do you think is smoother route; K1 or K3 as either can be undertaken

Thank you

[Darnell 8,479]

if SHE has UK residency for 6 months, SHE can file the I-130 via DCF intake to the IV Unit in London. A bit later, the IV stuff goes through, you have an interview, and you get an Immigrant VISA.

DCF via London IV is about 2 to 4 months, currently.

Please look into DCF stuff for London IV - I think you're grasping at straws , unsure of the proper path for you two.

[Darnell 8,479]

has she been in the UK for more than 6 months as of today?

if so, get married in the UK, file the I-130 via DCF intake into London IV.

That's the fastest route, IMO.

[cathy2904 97]

I think most people will tell you that as you are currently living together in the UK you are fortunate to be eligible for DCF so you should get married and go that route. Forget the K3, it is obsolete.

[Penguin_ie 5,999]

YOu can;t do the K1 as you are already married.

[cathy2904 97]

YOu can;t do the K1 as you are already married.

Apparently not, OP is considering which route to take: http://www.visajourney.com/forums/topic/401558-k1-or-k3/page__p__5841907__fromsearch__1#entry5841907

Edited November 26, 2012 by cathy2904