Spouse visa process

[Darnell 8,479]

Penguinish - I don't think they be married yet - he's another topic floating around.

Maybe go easy on him? Tis his first day on VJ, after all

[JemRowe 0]

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 Forget the K3, it is obsolete.

Thank you for your time. So the DCF route is the CR1 visa route? This doesnt allow us to wait together like the K3 though, is that correct?

[JemRowe 0]

Sorry guys, thank you so much for your amazing input.

To clarify: NOT YET MARRIED. Just wanting to know all routes. BUT MARRYING ASAP

So, in short, general gist is to do CR1 via DCF once married

Can I be with her in the US (as she is/should go back to continue work) while we wait?

[cathy2904 97]

Yes, get married and file for the CR1 visa in London. You can travel to visit but you will not be able to move to the US until your visa is approved. If you do go to visit you will need to take evidence of strong ties to the UK as the fact that you are married to a USC will make it appear likely to CBP that you will stay.

[cathy2904 97]

No, but as has been mentioned the K3 visa is to all intents and purposes obsolete anyway; 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.

Edited November 26, 2012 by cathy2904

[Darnell 8,479]

'waiting together with a K-3' doesn't work anymore.

It did, up until about 3-4 years ago, but with all of the automation in place since then,

there is no concept of a k-3 being able to wait, anymore.

You mentioned you wish to work in the USA, also? Can't do that with a K-3, you'd have to file yet another set o documents to be able to do that, waiting another 6 to 14 months whilst IN the USA.

So, stick with the CR-1 visa, using the DCF route into London IV.

some light reading?

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/

[Roosha 51]

Thank you for your time. So the DCF route is the CR1 visa route? This doesnt allow us to wait together like the K3 though, is that correct?

Link to the guides on VJ: http://www.visajourney.com/content/guides

Comparison of Marriage based Immigrant Visas: http://www.visajourney.com/content/compare

The K3 was made years ago b/c the CR1 was taking years to process so people would apply for the K3 in order to have their loved one enter the country while the CR1 was still being processed. Now, CR1 are not taking as long and so the K3 has become obsolete. There is no reason to file the K3 unless you just want to waste your time and risk your case taking longer to process.

DCF means Direct Consular Filing, it means that you will be able to file your papers with the USCIS office in your country and it takes a LOT less time than if you're one of us and have to file in states From what I've seen it might take you all together about 3 months (depending on the consulate of course) while the rest of us toil for minimum 6. And that's if we use all the NVC shortcuts and stay one step ahead of the process to make sure that whatever might be required is provided!

You'll be able to wait together no matter what route you take, as long as you can satisfy the domicile requirement (or intent to re-establish domicile) when it comes time to file the affidavit of support. But that's later, after you get your I-130 approval.

So again, your fastest course would be to get married and file with your consulate. It will be faster and it will be better for the non-us citizen when they arrive in the states since they'll immediately have their green card on arrival and be able to work and everything. Contact your embassy for more details as I don't think you'll be able to get more from here

Good Luck!

[JemRowe 0]

Yes, get married and file for the CR1 visa in London. You can travel to visit but you will not be able to move to the US until your visa is approved. If you do go to visit you will need to take evidence of strong ties to the UK as the fact that you are married to a USC will make it appear likely to CBP that you will stay.

Thank you Cathy, your a legend

[JemRowe 0]

THANK YOU! for such an informative response

[cathy2904 97]

Thank you Cathy, your a legend

You're welcome. Good luck.

[elmcitymaven 9,712]

Wait wait wait. Is your fiancée resident in the UK right now? Even though she's also a UK citizen, she must be resident in the UK for six months to be eligible for DCF.

[Ban Hammer 14,293]

duplicate topics merged

[bigdog 377]

Referring to your self as married can come back to haunt you with immigration and get you bad advice.

[JemRowe 0]

So once married, my wife (even though a UK citizen anyway and has been for many years, but living in USA) has to be living in UK for 6 months? Or can it be 6 months including engagement period?

Also, so post marriage, my then wife cannot head back to US to continue work (highly important she does so). She has to stay for 6 months physically living in UK married?

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

So once married, my wife (even though a UK citizen anyway and has been for many years, but living in USA) has to be living in UK for 6 months? Or can it be 6 months including engagement period?

Also, so post marriage, my then wife cannot head back to US to continue work (highly important she does so). She has to stay for 6 months physically living in UK married?

6 months continuous-ish in the UK before you apply for DCF, married or not. It is a little bit of a pain re-establishing yourself in the UK after being away that long. I wouldn't recommend it solely for the purposes of DCF and if you have to move there for 6 months before you file it actually will take more time to do DCF than to do a straight I-130 CR1 file to the Chicago Lockbox.

You could just not do DCF and file as the rest of us do... it is just some months longer.

Edited November 27, 2012 by Nola123