K-1 Filing in Different Country (read the red writing, please!)

[PavementFireworks 0]

Hey guys! So, here's the story behind my question/ post:

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• I am a UK citizen (born & bred in England)*
• My partner is a US citizen (born & bred in the states)
• We want to get married (yay !)
• The plan after marriage would be for me to settle in the US with him.
• The reason for me coming to the US (not vice versa) is because he's already settled in life**
• (Whereas I'm just a lowly student , about to graduate from my university degree this summer)
• When I'm done with exams (June 2014), I want to come visit him in the US (for 3 months max.)
• After I've visited him, we want to start the K-1 application process (so around Aug/ Sept 2014)
• After my US visit, I would start work abroad (in a country that is not the UK- or the US, for that matter)***
• I am thinking of continuing to work abroad whilst he files for the K-1 from the US, & we get the process underway
• Once my K-1 visa is approved, I would then fly out to the US to marry him ()
• From there, we would then obviously start the rest of the paperwork (allowing me to settle & work in the US with him, etc)

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So, here's my actual question/ reason for this post:
Can we still start/ finish this K-1 visa process if I am living (& working) in a country other than the UK?

^ Sorry to make this so glaringly bold, but the replies to my last post didn't quite give me the information I was looking for (I admit that may be because I hadn't worded it too well (oops!), but people were also assuming certain things about me), so that's why I've also supplied the info below:

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Extra Info (just in case you have any more queries about my case) :

• We have met twice (May 2011, January 2014) - both times I have kept to my word, & entered/ left the USA when I was supposed to (this is what I plan to do for my next visit, too)
• *I'm a UK citizen (England), with a UK passport. I do, however, technically hold dual nationality with Pakistan (based on my ethnicity, though I no longer have a Pakistani passport) -do you think triple nationality (Pakistani/ English/ US) is possible? Please don't belittle me- this is genuine curiosity, here!
  • I've lived in the UK all my life, but have travelled to different countries. These were all as a visitor, except for when I went to Brazil last year (that was for 5 months, working on an internship visa).
• Speaking of which, I needed to apply for a police certificate for the internship visa (I know I will with the K-1 too), which was quite an easy, online process- I have no criminal convictions (not even a speeding ticket, haha ) , so that part should not be a problem for me. I could even file for it from the UK, since they're valid for 3 months
• **When I say he's 'already settled' in life, I mean he has a steady job/ rented apartment/ car .
• ***Due to the nature of my work (TEFL), I am more likely to find long-term work outside of the UK (for my current skillset), rather than within it. If I do find UK work after graduation (& after my trip to the US), it will render this post defunct ( ), but I shall take it- this situation is unlikely though, given the current job climate here

  • I shall endeavour to end up working in a country with both a US & British embassy/ consulate available (for the visa application etc).

[belinda63 3,055]

You may interview in the country of your citizenship or any country in which you legally reside (that has a US embassy of course).

[Boiler 48,942]

Consulate.

[Homer Simpson 7]

It seams that you want to have some time after graduation to travel and work overseas, and that's absolutely fine. However from what I noticed that the process for the k series is faster than IR (ie after marriage) because it is designed so that you get to the states but they give you 90 days to get married ( not an hour more) so half the process is done in the states while if you apply as an IR in the first degree the whole process is done through the USCIS and the embassy and it totals between 8-12 months while in the first case you get in the states fast in a short time but continue your process after and that could be longer since it is processed from within the US.

When you apply as IR all you do is fly to the states and claim your Green C and social S C within a few weeks from entry

So you decide and pick which way is better for you time wise. Either way it could take up to a year to get the GC. But one way gives you the chance to do your traveling and work while your application is in process and the other limits you to the states while your application is in process. (I am not aware if you can leave the US after you get married as K applicant awaiting your GC, it would be nice if they allow you to do so. Better ask about it)

[Homer Simpson 7]

And about interview and embassy work, you can do that anywhere there is an American embassy-consulate as long as you have residency and permitted to stay or work in that country.

[milimelo 5,044]

Why not get married in June 2014, he starts I-130 process, you go do your work overseas. Do note that if you spent more than 6 months in a country that is not US or your home country you will need police certificate from there.

[PavementFireworks 0]

It seams that you want to have some time after graduation to travel and work overseas, and that's absolutely fine. However from what I noticed that the process for the k series is faster than IR (ie after marriage) because it is designed so that you get to the states but they give you 90 days to get married ( not an hour more) so half the process is done in the states while if you apply as an IR in the first degree the whole process is done through the USCIS and the embassy and it totals between 8-12 months while in the first case you get in the states fast in a short time but continue your process after and that could be longer since it is processed from within the US.

When you apply as IR all you do is fly to the states and claim your Green C and social S C within a few weeks from entry

So you decide and pick which way is better for you time wise. Either way it could take up to a year to get the GC. But one way gives you the chance to do your traveling and work while your application is in process and the other limits you to the states while your application is in process. (I am not aware if you can leave the US after you get married as K applicant awaiting your GC, it would be nice if they allow you to do so. Better ask about it)

When you say the K-1 is 'quicker', how much quicker are you insinuating, exactly?

90 days to get married once I'm in the states though, right?

And how would I get into the USA in order to marry him in the first place? If I go on the VWP, wouldn't they just deny me entry at the border?

I thought you could apply to be let out of the states if you had a valid reason for leaving (temporarily)? Can't remember where I read that, though...

[PavementFireworks 0]

Why not get married in June 2014, he starts I-130 process, you go do your work overseas. Do note that if you spent more than 6 months in a country that is not US or your home country you will need police certificate from there.

Because getting married is expensive (I don't want to put that on him right now), & how would I enter the US in order to get married in the first place? Wouldn't they just turn me away at the border? (I'm a UK citizen, so wouldn't I go on the VWP)?

And is that a police certificate from the US, UK or current country of residence?

[milimelo 5,044]

Because getting married is expensive (I don't want to put that on him right now), & how would I enter the US in order to get married in the first place? Wouldn't they just turn me away at the border? (I'm a UK citizen, so wouldn't I go on the VWP)?

And is that a police certificate from the US, UK or current country of residence?

Umm, go to the city hall or local court and get married for under $100. Doesn't need to be expensive, all you need is the legal paperwork to start the process - get an expensive celebration later on if you want it...

Thousands of people get married in the US - as long as you leave afterwards and not try to adjust status you're fine with immigration.

You'll need a police certificate from your home country (UK) and any place you spent more than 6 months in after the age of 16 - not needed for US - USCIS/Embassy takes care of the checks for US side.

[PavementFireworks 0]

Umm, go to the city hall or local court and get married for under $100. Doesn't need to be expensive, all you need is the legal paperwork to start the process - get an expensive celebration later on if you want it...

Thousands of people get married in the US - as long as you leave afterwards and not try to adjust status you're fine with immigration.

You'll need a police certificate from your home country (UK) and any place you spent more than 6 months in after the age of 16 - not needed for US - USCIS/Embassy takes care of the checks for US side.

I know that, & I don't want a big wedding at all, but let's just say we have rather *ahem* pushy 'external forces' who are going to be incredibly hard to please with just the documents.

Hmm, really? That's not the sort of vibe I was getting off reading some of the other comments/ threads around here... I think I'd rather play it safe so late in the game (I don't want 4 years of this to go to waste on account of us not playing by the books).

I've had a police certificate from the UK before for when I was working abroad last year, but that was said to only last 3 months- so I guess I'll just have to worry about the certificate side of things once it gets closer to the time (no point in doing it & then having it expire).

[Boiler 48,942]

Nothing wrong with getting married on the VWP.

[PavementFireworks 0]

Anyway, thanks a lot for your advice guys- it seems I've just been worrying a lot about nothing (as usual). Also, in a related vein, it just so happens that I got a job offer for China today, so guess where I'll (hopefully) be going whilst filing for this paperwork?

[PavementFireworks 0]

Nothing wrong with getting married on the VWP.

So if I just book a flight there right now (my ESTA is still valid), get to the border & tell them 'oh I'm just coming over here to marry my partner', the US would let me through?! I mean, of course I'd leave before my 3 months is up- & bring evidence of my job offer/ contract starting afterwards etc- but I'm still a little iffy about it...