British and American situation??

[Welsh girl 2]

Hi, I have just joined this website and I am really hoping someone can advise me on my situation and if what I am thinking is correct? Here goes ......

I am a British citizen living in the UK and my boyfriend is an American citizen living in LA. We have been dating for 4 years, no convictions, never previously married, no children and he has a well paid job in LA. We plan to marry in the UK this year then he will return to the US and file for an immigrant visa so I can eventually move to LA with him.

I have read online an immigrant visa can take months to years to be approved in which time I am not allowed to enter the US to visit him. I have recently discovered the k-3 visa but again i have read conflicting views online. Although i thought the purpose of the k-3 visa is to solve the waiting time of the immigrant visa process in separate countries I have now read it doesn't exist anymore? It's a waste of time as it takes longer than the immigrant visa to process and if you apply for a k-3 it prolongs the wait for the immigrant visa? I am so confused!!

Is there any truth behind this? I would really welcome anyone's knowledge on the subject or personal experiences as most of the lawyers I have contacted locally cannot advice me on such matters to do with the US only immigration to the UK.

I just want to know if we should just apply for the k-3 after my immigrant visa has been filed for? Everything I have read online dates back from 2011-2006 I can't seem to find any recent information on the matter. I really do welcome any advice!

Thanks a lot

[Penguin_ie 5,994]

The K3 visa is obsolete- it is usually administratively closed at NVC stage and even if it is not, takes as long as the CR-1 spousal visa (it was designed for use when the CR-1 took several years to get- it is usually done in 9-12 months now). So forget the K3.

Now for the good news: you CAN visit using the visa waiver program while the visa process is going on, but you cannot work or live there.

Something else to consider: Your US fiance will need a wedding visa to get married in the UK. It would be easier to get legally married elsewhere (for example Las Vegas), then maybe have a blessing/ reception in the UK.

[*Snowdrop* 604]

Although the marriage visa for the UK is usually relatively easy to get and quite fast. So don't let that put you off a uk wedding completely.

There are also a few rules and regulations re marrying in the UK depending on where you get married, ie England vs Scotland for example and also depending on whether you choose a civil vs religious ceremony.

We got married in the UK and then did the US spousal visa. It took about a year to get through the process for us and I visited about 5 time during the process - once for nearly 3 months.

[Welsh girl 2]

The K3 visa is obsolete- it is usually administratively closed at NVC stage and even if it is not, takes as long as the CR-1 spousal visa (it was designed for use when the CR-1 took several years to get- it is usually done in 9-12 months now). So forget the K3.

Now for the good news: you CAN visit using the visa waiver program while the visa process is going on, but you cannot work or live there.

Something else to consider: Your US fiance will need a wedding visa to get married in the UK. It would be easier to get legally married elsewhere (for example Las Vegas), then maybe have a blessing/ reception in the UK.

Hey, thanks for the prompt response, I really appreciate it

I am aware my boyfriend needs clearance to enter the UK and marry and it seems to be a pretty straight forward procedure that he can do online.

In regards to entering the US on the VWP while my immigrant visa is processing I have been advised not to do so as I could be refused entry. I was told a return plane ticket would not be enough to prove I would not try and stay and I would need more evidence like a letter of employment to prove I would actually be returning to the UK.

In your experience do you know how long the immigrant visa process could take?

Thanks again x

[Welsh girl 2]

Although the marriage visa for the UK is usually relatively easy to get and quite fast. So don't let that put you off a uk wedding completely.

There are also a few rules and regulations re marrying in the UK depending on where you get married, ie England vs Scotland for example and also depending on whether you choose a civil vs religious ceremony.

We got married in the UK and then did the US spousal visa. It took about a year to get through the process for us and I visited about 5 time during the process - once for nearly 3 months.

Hi Lynne, thank you for this, it's so helpful just reading other people's experiences.

We would be marrying in Wales so I don't think we will have too much of a problem.

When you say you visited 5 times, was this on the VWP? And did you have to show more than just a return plane ticket? Also how long ago did you complete this process?

Thanks x

[*Snowdrop* 604]

Hi Lynne, thank you for this, it's so helpful just reading other people's experiences.

We would be marrying in Wales so I don't think we will have too much of a problem.

When you say you visited 5 times, was this on the VWP? And did you have to show more than just a return plane ticket? Also how long ago did you complete this process?

Thanks x

Bear in mind that Wales may also have specific regulations above and beyond the marriage visa for foreign nationals getting married there. We did the process in 2007/2008 which can be a lifetime in immigration terms so I am not sure exactly how much has changed.

Re the UK marriage visa. You can fill the form out online but when we did it, we also had to send in a package of information and evidence about our relationship etc. however it only took 5 days to come back approved.

We did a civil ceremony in England and the rules of the register office meant that my husband had to come and be resident in the city we were registering the marriage for 7 days and it had to be at least 15 days before the wedding took place. He couldn't take all that time off work in one go so we did the residency requirement in the April on one of his visits and then got married in the July. If we had been marrying in Scotland there was no residency requirement for the foreign spouse.

Re visiting. I always took a huge packet of info with me usually including return ticket, letter from my boss saying when I was due back at work, letter from landlady, proof of ongoing financial commitments in the UK and once we had started the visa process, proof of that. I was never asked for anything beyond my return ticket but I had it just in case. But I used to take that kind of stuff even before we filed for the visa. I visited 5-6 times a year for three years before we got married and then again during the year after we married and never had any issues. But there are plenty of stories on here where people did have problems so it's good to be prepared.

It was all a bit of a hassle even before the US visa stuff started but I would not have swapped our UK wedding for anything. And neither would my husband and his family who all came over for it.

[Alaska2012 462]

The cr1 can take anywhere from 8-10 months.

You shouldn't have any issues visiting the us during the process.

[elmcitymaven 9,712]

Bear in mind that Wales may also have specific regulations above and beyond the marriage visa for foreign nationals getting married there.

England and Wales have a unified legal system, and regulations regarding marriage will be identical to those in England.

[*Snowdrop* 604]

England and Wales have a unified legal system, and regulations regarding marriage will be identical to those in England.

But if you are doing a church wedding then the rules can be different in Wales from England. The 7 day residency was not a requirement for the Church of England - only the civil ceremony. You'll need to check with the church in Wales if that's what you are doing.

[Welsh girl 2]

But if you are doing a church wedding then the rules can be different in Wales from England. The 7 day residency was not a requirement for the Church of England - only the civil ceremony. You'll need to check with the church in Wales if that's what you are doing.

Thanks both

Neither of us are religious so we won't be marrying in a church and I have just read online the required residency to marry in England and Wales is at least 7 days.

It's honestly not the UK procedures I'm worried about. More like the immigrant visa, this k-3 rubbish, the length of time and visiting each other in between. X

Edited February 20, 2013 by Welsh girl

[NikLR 13,227]

Any time that you go to the USA you can be denied entry, even if you're there on business, taking a vacation in Hawaii or skiing in Colorado, or heck, visiting Disneyworld!!! Just it rarely happens when you don't have a reason for them to deny you.

The VWP makes it very easy to get into the USA because there is a time limit on it (90 days) and as long as you can provide proof that you will return to the UK, you should be fine. Proof can include a letter from an employer stating you are due back at work on XX day, or recent pay stubs showing you have a job. It also includes bills and a lease agreement or mortgage papers. You may not be asked for any proof at all. But if you are asked, you should be able to provide it. People do it all the time. You just have to be aware that you may get denied entry because it's based off of a person's opinion but I find being nice, keeping straight simple answers and making sure I know I have my proof with me if asked. When asked my purpose, I say I'm visiting my husband. I tell them what I do, what he does, sometimes how we met, and always when I plan on returning. Whatever they ask, I give them answers for what they asked and don't babble on.

(holy heck I can't spell tonight!)

Edited February 20, 2013 by NikiR

[elmcitymaven 9,712]

But if you are doing a church wedding then the rules can be different in Wales from England. The 7 day residency was not a requirement for the Church of England - only the civil ceremony. You'll need to check with the church in Wales if that's what you are doing.

The religious regulations are also identical for both Churches. http://www.facultyoffice.org.uk/Marriage.html

[TBoneTX 45,540]

*** Thread moved from K-3 Process forum to General Immigration Discussion -- OP is deciding on a visa path and is receiving VWP advice. ***

[Welsh girl 2]

Thank you everyone for these responses, I really appreciate everyone's advice

Just to give you some more information about our situation - Aside from being advised NOT to enter the US on the WVP while the immigrant visa is processing, Yes I could provide a a return ticket but I live at home with my parents so I have no bills or mortgage repayments as return evidence and because I work in the TV/Film industry on various projects I cannot provide a letter of employment. Therefore my concerns are that if asked I actually wouldn't have enough evidence to prove I don't plan on staying in the US and I would be refused entry - which frustrates me as our situation is completely genuine and we have been flying to see each other 3/4 times a year for 4 years!.

This is why when I started reading about this k-3 visa I was over the moon to think that it would be processed quicker and I could be with my boyfriend in LA while we wait for the immigrant visa to be approved.

I can not find a single lawyer that deals with US immigration here in the UK let alone in Wales. Hopefully I will have more answers this weekend as my boyfriend has a meeting with a different lawyer in LA. His previous Lawyer suggested I enter the US on the WVP and we just get married - which would mean me lying to immigration about my intent on entering the US! obviously I was no way prepared to do, based on the fact that after the marriage we would then have to prove it wasn't planned otherwise I could be in trouble for visa fraud! That said he wasn't a very good lawyer lol!

Hopefully things will start to become clearer and we can go ahead with beginning to process things ...

[*Snowdrop* 604]

What do you say now when you visit? It doesn't necessarily make a huge change when you are married and processing the visa. As far as I can tell from doing this process and watching everyone go through it for five years, there is not an automatic link up between you filing and that information appearing on the computer in front of the immigration officer at border control.

I entered saying I was visiting my boyfriend, then I said fiance when we were engaged and after we were married I said I was visiting my husband. I was never asked once about the immigration process.

They looked at my past entries though as they sometimes mentioned them. And as I'd had a good track record of entering and leaving on time (I visited 18 times over three years) they seemed to be quite happy. If you've always had an easy entry you may find that nothing changes.

I was sometimes asked what my job was and what my husband's job was - we both worked for quite recognisable organisations and that seemed to be more interesting to the border control people than anything else. Can you get something - a contract or a letter from someone you work with saying you are expected back by a certain date to work on a particular project?

If you do get turned away - it will not affect your visa process. It will just mean you won't be able to use the VWP again. So you won't be able to visit the US until the spousal visa goes through.