Best Option for getting my wife here from UK

[farcry80 0]

Hi there,

I had posted here before but that was before I got married and I would like to thank everyone for replying to that post. Anyway here goes:

I am a US citizen and my wife is British. We got married in Dec 06 in India. AS of now I am here in NYC and she is in London. Doing some research on this site I wanted to know what option is the most feasible (both from the ease of getting here, and the amount of work involved in the process). The target timeline we were looking at to be togetther is May 07.

1) File the K-3 and wait for that before she gets here. BTW can she come here to visit under the visa waiver program??

2) Come here under the visa waiver program and then do all teh necessary paperwork here in the US.

Thanks all for taking the time to read this and helping me out

[YuAndDan 153]

1) Is the only option K-3, or CR-1/IR-1

2) Is not an option, you were married before visiting the USA, The USCIS will reject it outright. Only can "Visit" and then marry to do that, not the other way around.

Edited February 6, 2007 by YuAndDan

[The_dip_sticks 0]

Traveling on a waiver program while petitioning is under way is a bit biased. Some people are able to visit each other with out an issue and others dont have the same luck. My husband is a British Desi if you will, and when he was coming here to visit me he was told that since he is married to a USC he can only travel to the US on a visa and not his waiver. So they denied him entry and shipped him back to london on the next flight with out even letting us see eachother for a min. Horrible experience. As far as having things done by May of 07, I dont thik that would be possible. You should look at the timelines of other people in your same situation to get an idea of the time this weill envolve. It could take a bit longer. If you look at my timeline you will see that we have been waiting for an approval since june and july of 06. Then again every case is different so you never know. You cold be one of the lucky ones that gets approved in a matter of weeks! You should post your question on the UK thread. Best of luck on your VJ.

[tom&tata 2]

You can submit I-130 and I-129F applications (will lead to K-3 and CR1/IR1) to bring your wife permanently/immigrate to the US.

Other than that, she can use visa waiver program or tourist visa - it is up to immigration officer at POE whether or not to grant entry - for visit but not for the intention of stay permanently in the US.

[farcry80 0]

Thank you all for your replies.

Just to reiterate, bascially you start off by filing the I130 and the G325a for both me and my spouse, right?

Also since we just got married what kind of evidence are they looking for. For e.g the instructions show that you need to show:

1) Documentation showing joint ownership or property; or

2) A lease showing joint tenancy of a common residence; or

3) Documentation showing co-mingling of financialresources; or

4) Birth certificate(s) of child(ren) born to you etc.

I can treally show any of the above, so what kind of documentation would they be looking for?

Thanks again.

[Kath 0]

I-130 FAQ

guide to putting K3 petition together

Hi

above are some links that might be able to help you..hope this helps...i think what you were talking about is later on when you have your interview for afffidavit of support..(known to be wrong someone will correct me if i am)

good luck in your journey

kath

[misa 2]

They changed some of the filing requirements for I-130 so you need to show some sort of marriage evidence when you file. For those who have never lived with their spouses, there's the option of showing other evidence (similar to what fiances show -- phone bills, letters from family/friends, etc.).

[Reba 2]

btw, if you married in India, and you petition then apply for K3, your wife will have to interview for that in India, not the UK.

CR1 however she would be interviewed in the UK if that is her primary residence.

[misa 2]

Wouldn't she be able to request a transfer from India to UK (as long as UK accepted)?

[Reba 2]

you could try, but rules for the K3 are that the interview takes place in the country where the marriage took place, not the country of residence. NO idea what the success rate is on transfer requests.

[mchina34 0]

Hi there,

I had posted here before but that was before I got married and I would like to thank everyone for replying to that post. Anyway here goes:

I am a US citizen and my wife is British. We got married in Dec 06 in India. AS of now I am here in NYC and she is in London. Doing some research on this site I wanted to know what option is the most feasible (both from the ease of getting here, and the amount of work involved in the process). The target timeline we were looking at to be togetther is May 07.

1) File the K-3 and wait for that before she gets here. BTW can she come here to visit under the visa waiver program??

2) Come here under the visa waiver program and then do all teh necessary paperwork here in the US.

Thanks all for taking the time to read this and helping me out

Why can't she come as a tourist/passport and live with you, then file? You are filing from NYC so that means your petition should go to the VSC (which is lighting fast at approving petitions), which means that, as I understand it, while she's living in the US you could file for a i130/i129f and she would only have to fly to India for her interview if that comes prior to her legally allowed stay in the US as a tourist.

Wait to see if someone shoots holes in what I said. :-)

[farcry80 0]

Thanks mchina34 for bringing this up.

Thats what I though tI asked in my original post but according to The_dip_sticks they might disallow her entry into the US if she says she is married to a US citizen. I have gone through the visa waiver process (albeit on the other side of the Atlantic) and I cant remember them asking me anywhere if I was married or no.

Why would this option not be doable?

[The_dip_sticks 0]

Because entry on a waiver does not garantee that you will be allowed in the country at any time. Its done so at the discretion of the immigration officer at your point of entry. Its just a toss in the air.Some get lucky and with out any issues and others get pissed all over.

Edited February 7, 2007 by The_dip_sticks

[Reba 2]

because when she gets to the POE and they ask her the purpose of her visit and she answers "to see my husband and wait for our immigration petition to be approved" Or anything of the sort, she'll be herded back onto a plane heading to the UK.

And if she tries to lie to an official, this can bite her in the ### and she'd end up in secondary inspection/interrogation for goodness knows how long, which is not at all pleasant believe me!

If she has left everything in the UK to come here to wait it out with you, she'll just have to return in 90 days anyhow, IF they let her in at all. She'd have to quit her job right? Get rid of everything? With no ties to the UK, and a spouse in the US, she is technically not eligible for entry on the VWP as a risk of being an illegal immigrant.

[farcry80 0]

Thnx for all the replies,

So I am just going to go ahead and appply for the I130. Also if she does happen to come here just for a visit for a few days and if she sayds she is coming to visit an aunt (which is true) would they somehow know that I filed an I130 on her behalf?

Also on the G325a what should be the applicable box to check (naturalization or permanent resident)? I am guessing naturalization but just wanted to be sure.