K1 or K3 visa?

[Alphadave]

What is the name of your state? Washington

We are looking for help deciding which visa to apply for. I am a New Zealand citizen, and my fiancé is an American (and New Zealand) citizen. We have been living together for 4 years, and have recently become engaged.

We are both currently in the United Kingdom and plan to move to the United States in June this year. We have been resident in the UK for the last 18 months.

We have considered the K1 visa as my fiancé could settle in the USA now and file the petition from there. Will the short duration she will have been resident there affect the application? Her last 3 tax returns will have been filed either in the UK or NZ, not the USA. She hasn't lived in the USA since 1999. What are the chances of getting a K1 visa processed in under 4 months? Will it be hard getting it processed here in the UK when I’m a New Zealand citizen?

Option two is to fly home to New Zealand temporarily and have a small wedding there. We could then file for a K3 visa from there, using DCF. This may be fastest but would require at least two trips around the world! Would it be problematic if we’re not resident in New Zealand during the application?

The last option is to marry here in the UK and file for a K3 visa from here. Are the UK processing times unusually long? Will it also be hard getting it processed here when I’m a New Zealand citizen?

Will I have difficulty flying to the USA for business meetings on the Visa Waiver Program while the K1/K3 visa is being processed?

Thanks for any help you can give.

Dave

[evcalyptos]

What is the name of your state? Washington

We are looking for help deciding which visa to apply for. I am a New Zealand citizen, and my fiancé is an American (and New Zealand) citizen. We have been living together for 4 years, and have recently become engaged.

We are both currently in the United Kingdom and plan to move to the United States in June this year. We have been resident in the UK for the last 18 months.

We have considered the K1 visa as my fiancé could settle in the USA now and file the petition from there. Will the short duration she will have been resident there affect the application? Her last 3 tax returns will have been filed either in the UK or NZ, not the USA. She hasn't lived in the USA since 1999. What are the chances of getting a K1 visa processed in under 4 months? Will it be hard getting it processed here in the UK when I’m a New Zealand citizen?

Option two is to fly home to New Zealand temporarily and have a small wedding there. We could then file for a K3 visa from there, using DCF. This may be fastest but would require at least two trips around the world! Would it be problematic if we’re not resident in New Zealand during the application?

The last option is to marry here in the UK and file for a K3 visa from here. Are the UK processing times unusually long? Will it also be hard getting it processed here when I’m a New Zealand citizen?

Will I have difficulty flying to the USA for business meetings on the Visa Waiver Program while the K1/K3 visa is being processed?

Thanks for any help you can give.

Dave

An interesting embarassment of riches, Dave. Congratulations on your engagement!

K-1:
-US citizen's absense will not make a difference in her ability to petition.
-She will need to get some US income going at or above the poverty guideline--she'll need this for your interview or your eventual adjustment of status.
-You will need to have permission to remain in the UK through completion of your case; you may have to show proof of that to have your case accepted in London.
-No way a K-1 visa is going to get thru in 4 months--it is the most outside chance & better off to plan for closer to 6 months and be happy if something happens sooner.
-You will not have permission to work in the US for the first several months (minimum 90 days after applying for your AOS). Your international travel will also be limited at first.
-Wait time to complete your AOS and actually become a PR is 2 months to 2 years depending on where you live in the US.

DCF:
-The visa application for DCF is for an Immigrant Visa, not a K-3.
-DCF is done in one visit to NZ--no multiple trips. It also does not take very long--4-8 weeks (perhaps less, contact the Embassy). The US citizen does not have to stay for the whole process, but the visa applicant does.
-The same financial rules apply, but the timeline is moved up. Income/assets must be proved at the visa interview (see form I-864). US citizen must also be domiciled in the US--get a place to live and get some other things on the hoof there (see form instructions).
-Immigrant will have work and travel permission from day one.
-PR status begins immediately.
-While a longer timeline than NZ, why not DCF from London? With 18 months' residence, her petition may be accepted there. Option to marry elsewhere remains. London DCF is about 4-6 months, US citizen does not have to stay to the visa interview.
DCF is the overal superior choice in my opinion, no matter where you do it.

K-3:
-First find out if you can get married in the UK. Laws have changed regarding marriage, but as 2 non-UK citizens you may be exempt. Factor in length of time to organize this.
-Same issue remains for the K-1 and your UK residency permission.
-K-3 requires marriage + I-130 to the US + receipt notice (takes about a month+ to get) + I-129f petition. Processing times for I-129f vary wildly. Interview timelines for London are pretty quick once you get the peititon approved. No way to complete this in 4 months.
-K-3 can not work without work authorization--takes a minimum of 90 days from application, which can not happen until you are in the US.


Travel in/out of the US may be affected by a pending petition for a K-1 or K-3. There is no guarantee, but if you have good evidence of your trip being business related and a good history of using the VWP, your chances increase.

HTH.

[Alphadave]

An interesting embarassment of riches, Dave. Congratulations on your engagement!

K-1:
-US citizen's absense will not make a difference in her ability to petition.
-She will need to get some US income going at or above the poverty guideline--she'll need this for your interview or your eventual adjustment of status.
-You will need to have permission to remain in the UK through completion of your case; you may have to show proof of that to have your case accepted in London.
-No way a K-1 visa is going to get thru in 4 months--it is the most outside chance & better off to plan for closer to 6 months and be happy if something happens sooner.
-You will not have permission to work in the US for the first several months (minimum 90 days after applying for your AOS). Your international travel will also be limited at first.
-Wait time to complete your AOS and actually become a PR is 2 months to 2 years depending on where you live in the US.

DCF:
-The visa application for DCF is for an Immigrant Visa, not a K-3.
-DCF is done in one visit to NZ--no multiple trips. It also does not take very long--4-8 weeks (perhaps less, contact the Embassy). The US citizen does not have to stay for the whole process, but the visa applicant does.
-The same financial rules apply, but the timeline is moved up. Income/assets must be proved at the visa interview (see form I-864). US citizen must also be domiciled in the US--get a place to live and get some other things on the hoof there (see form instructions).
-Immigrant will have work and travel permission from day one.
-PR status begins immediately.
-While a longer timeline than NZ, why not DCF from London? With 18 months' residence, her petition may be accepted there. Option to marry elsewhere remains. London DCF is about 4-6 months, US citizen does not have to stay to the visa interview.
DCF is the overal superior choice in my opinion, no matter where you do it.

K-3:
-First find out if you can get married in the UK. Laws have changed regarding marriage, but as 2 non-UK citizens you may be exempt. Factor in length of time to organize this.
-Same issue remains for the K-1 and your UK residency permission.
-K-3 requires marriage + I-130 to the US + receipt notice (takes about a month+ to get) + I-129f petition. Processing times for I-129f vary wildly. Interview timelines for London are pretty quick once you get the peititon approved. No way to complete this in 4 months.
-K-3 can not work without work authorization--takes a minimum of 90 days from application, which can not happen until you are in the US.


Travel in/out of the US may be affected by a pending petition for a K-1 or K-3. There is no guarantee, but if you have good evidence of your trip being business related and a good history of using the VWP, your chances increase.

HTH.

Hi all,

Wow! Thanks for the detailed reply evcalyptos. I've been away in the USA on business for the last week so I haven't had a chance to respond until now.

Firstly, thanks for the congratulations, it’s easy for us to get distracted with the legal side and forget the important things!

The biggest issue will be the time required to process the visa. I now have a job offer from April in the USA (with a NZ employer) which rules out getting a family-based visa before we travel there.

So I am now planning on applying for a B1 business visa for the initial period. The work I will be undertaking should fit into this category. We will then look at our options for an immigrant visa, marrying back in NZ February 2008 as planned.

- Can a Business visa application be processed in London for a New Zealand citizen? I have no intention to return to the UK, except for short business meetings.
- How can I prove ‘sufficient evidence of social, family or economic ties’ to New Zealand when we haven’t lived there for 18 months? All our family are in NZ, my employer is there, and we are making wedding plans there for next year. Is this likely to be sufficient?
- Is it difficult to get a B1 visa for 10 months rather than the usual 6? I’ll be travelling in and out of the country on business during this time. Do I apply now for the entire 10 months or apply for an extension once there?
- Is it safer not to mention wedding plans at all, in case they suspect it’s a back door to an immigrant visa?

Thanks again,

Dave

[evcalyptos]

Hi all,

Wow! Thanks for the detailed reply evcalyptos. I've been away in the USA on business for the last week so I haven't had a chance to respond until now.

Firstly, thanks for the congratulations, it’s easy for us to get distracted with the legal side and forget the important things!

The biggest issue will be the time required to process the visa. I now have a job offer from April in the USA (with a NZ employer) which rules out getting a family-based visa before we travel there.

So I am now planning on applying for a B1 business visa for the initial period. The work I will be undertaking should fit into this category. We will then look at our options for an immigrant visa, marrying back in NZ February 2008 as planned.

- Can a Business visa application be processed in London for a New Zealand citizen? I have no intention to return to the UK, except for short business meetings.
- How can I prove ‘sufficient evidence of social, family or economic ties’ to New Zealand when we haven’t lived there for 18 months? All our family are in NZ, my employer is there, and we are making wedding plans there for next year. Is this likely to be sufficient?
- Is it difficult to get a B1 visa for 10 months rather than the usual 6? I’ll be travelling in and out of the country on business during this time. Do I apply now for the entire 10 months or apply for an extension once there?
- Is it safer not to mention wedding plans at all, in case they suspect it’s a back door to an immigrant visa?

Thanks again,

Dave

Dave, as you've been resident in the UK for 18 months, I believe that London will accept your B visa application. There is an email for London (don't call the visa info line--it is in Scotland and they know next to nothing--it's also expensive). [email]consular@london.state.gov[/email] might do the trick.. I'll let you know if I stumble on something different later on (check the US Embassy London website).

The visa is generally valid for a year, or more, usually for multiple entries. Each entry is generally an admission for 6 months. The date on your I-94 is the one you must honor---visa and status are two different things.
You will be expected to maintain a residence outside the US.

It's always a good policy to not answer questions that aren't asked directly of you. Review the B visa application carefully for anything you might have difficulty with.

VERY IMPORTANT NEWS:
USCIS has suspended the ability of Consulates to accept and adjudicate petition I-130---there is NO MORE DCF as described above. Do NOT count on being able to do a short immigrant visa process in NZ.
Planning an entry on a non-immigrant option (VWP, B) with the intent to immigrate (adjust status) is illegal; proceed with caution.

US citizens who are not resident in the US should see the special filing instructions for I-130:

"Special Instructions for Petitioners Residing Abroad:
Effective January 26, 2007, petitioners abroad must file their petition with a USCIS domestic Service Center. Petitioners filing from abroad are reminded that filing fees must be submitted by check or money order, payable in U.S. funds.

If you reside in: North America, the Caribbean, South America, or Europe, file your I-130 with:
By Mail:

USCIS Vermont Service Center
P.O. Box 500
St. Albans, VT 05479-0001
USA

By Courier:

USCIS Vermont Service Center
75 Lower Weldon Street
St. Albans, VT 05479
USA

If you reside in Africa, Asia, Australia or the Pacific, file your I-130 with:
By Mail:

USCIS California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-1013
USA

By Courier:

USCIS California Service Center
2400 Avila Road
Laguna Niguel, CA 92607
USA

Petitioners traveling abroad who actually reside in the United States should file their I-130 petitions with the appropriate USCIS Service Center, according to the filing instructions on the form."

You may need to alter some of your plans.

[Alphadave]

Thanks for the email address, I’ve made the mistake of calling that info line before.

What evidence of a residence in New Zealand would be required? We don’t own a home there and it would be absurd to pay rent for a largely unoccupied house. Would a parent’s address suffice? As I’ll be 30 next year this might be pushing it! In the next year I hope to be spending about 9 months in the US, 2 in the UK and only 1 in NZ, all travelling for business.

Would a ‘B1 in lieu of H1b’ visa give more flexibility in the tasks I'll be performing in my job? Are there any disadvantages (e.g. length of visa, processing time)? As it’s a specialist occupation and a foreign employer this may be suitable.

Looking at the long term, that's terrible news about DCF. It changes the processing time from just a few weeks in New Zealand to six months! And probably far longer once everybody from this half of the world post their applications into the one overworked Service Centre. Thanks for the warning, it completely changes our plans.

While it would be very tempting to marry and file an I-130 while we’re working over there, we want to keep everything above board. I realise it’s illegal, so it’s alarming how often it’s been recommended to us!

As I might start to annoy people with all my questions, can anyone recommend a good US immigration lawyer based in the UK?

Thanks again,
Dave

[evcalyptos]

Thanks for the email address, I’ve made the mistake of calling that info line before.

What evidence of a residence in New Zealand would be required? We don’t own a home there and it would be absurd to pay rent for a largely unoccupied house. Would a parent’s address suffice? As I’ll be 30 next year this might be pushing it! In the next year I hope to be spending about 9 months in the US, 2 in the UK and only 1 in NZ, all travelling for business.

Would a ‘B1 in lieu of H1b’ visa give more flexibility in the tasks I'll be performing in my job? Are there any disadvantages (e.g. length of visa, processing time)? As it’s a specialist occupation and a foreign employer this may be suitable.

Looking at the long term, that's terrible news about DCF. It changes the processing time from just a few weeks in New Zealand to six months! And probably far longer once everybody from this half of the world post their applications into the one overworked Service Centre. Thanks for the warning, it completely changes our plans.

While it would be very tempting to marry and file an I-130 while we’re working over there, we want to keep everything above board. I realise it’s illegal, so it’s alarming how often it’s been recommended to us!

As I might start to annoy people with all my questions, can anyone recommend a good US immigration lawyer based in the UK?

Thanks again,
Dave

OK, the correct email addy is [email]LondonConsular@state.gov[/email]
Two reputable (not cheap) US immigration firms in the UK are:
[url]http://www.usvisalawgroup.com/[/url]
[url]http://www.usvisalawyers.co.uk/[/url]

You do not need a UK-based lawyer, and you do not need to see them face to face. The immigration attorney specialty group is [url]www.aila.org[/url] and they have a referral system. Not all attorneys are created equally; make sure you talk to someone who does a lot of YOUR kind of work.

Your ideal situation could be normal, or it could sound very much like someone who is living in the US. You --really-- need to take proper legal advice on this one Dave. The obvious answer is the easiest one, but I can't be the one to tell you to do it.

An immigrant visa from NZ is going to take closer to 9+ months; do not believe any one who tells you 6 (if you saw that at uscis.gov remember that is the petition I-130 time only--after that there is significant visa processing). It MAY be possible for you to be in the US on your B, get the I-130 in the mail (that means get married pronto) and still have you going to NZ for your IV interview. There are a LOT of advantages to getting an immigrant visa instead of AOS. There are again a lot of facets and details to this plan, and again, you should do this under legal supervision--your work is at stake here and not being allowed into the US might make a problem for you.

And the part you think is illegal might not be the part I was actually talking about.. look, I think it's generally better if people do their own cases a lot of the time. I did my own, never hired a lawyer and got a good result. But your case screams 'help me' due in large part to your short time line. Does your company use a US immigration attorney? hint hint hint.
I'm not up on the B in lieu of H1-B--I know it can be done, London does them frequently etc, but they are usually handled by the corporate immi atty.

This should give you a good bunch of stuff to start thinking on. It can all be done--it's just laying out the best plan for your circumstances. You seem bright--I'm sure you'll get it figured out!

PS: you probably need to book a B appointment with the US Consulate in London and pretty sharpish. They are a busy post & I think the lead time is something like 14 weeks now? Schedule on the website.
I wish you could bring us some pork pies when you come over. Fancy any smuggling?