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I'm a British Citizen wanting to marry my US fiancee, Can she file for a K1 visa, then come stay in England until it's ready?
Anonymous2 views5 answers
We are try to spend as little time apart as possible during the visa application process. After she files for the Fiancee visa can she move to England and wait with me, or will she have to stay in America?
I'm also wondering if we file for a K3 visa!!! However, I have seen on forums that this is not always a good idea.
Any info on being able to be together during the filing process would be greatly appreciated.
There should be no problems caused by her visiting you in England while you both await the approval of the fiancee petition, assuming she is able to under England's immigration laws.
The K-3 is of limited value today, when the processing time for the K-3 is about the same as the processing time for the underlying I-130.
At one point, an I-130 took significantly longer to process. Which meant that being able to come to the U.S. on the K-3 while the I-130 was still pending was of considerable value.
You can still do the K-3, and then simply travel on whichever petition gets approved first--the K-3, or the I-130. Just don't expect there to be a significant difference in adjudication times.
Your US citizen fiancee may file for a K-1 visa if you intend to marry her within 90 days of entry. If you marry abroad before this, you will no longer qualify for K-1 and should apply for either K-3 (as a married alien to a US Citizen), or for an Immigrant Visa to enter as a permanent resident. However, most of the times K-3 visas end up being processed as an immigrant visa petition for green card instead for the following reason: The K-3 requires that your USC spouse files an I-130 and an I-129F, but the regulations will make you ineligible for K-3 if the I-130 is approved before you obtain the K-3 visa. Most of the times, the processing time-frame of the I-130 is faster than the completion of the K-3 consular process which leaves you with no option but to complete the immigrant consular process instead. You should retain an experienced immigration attorney like myself of any of my colleagues to avoid hassles with this process, which could very easily turn into a never-ending nightmare.
