American Immigration Law/k3 Visa?
I am an Italian citizen studying in London; i am currently engaged to an american citizen.
My Fiancée and I would like to get married soon, possibly in the USA and then continue to live apart for another year until i terminate my studies here in London.
We wanted to apply for a k1, but then we realized that once entered the USA to get married i wasn’t going to be able to come back here in the UK.
We consequently thought about getting married here in the UK but it takes too long for him to receive a fiancée visa and a temporary UK residency.
Therefore my questions are the following:
–Shall we apply for a K1 now and then have it renewed until my school is done ?
–Shall we gate married in an other country here in Europe and then have the Visa issued by the US embassy here in London, if possible since have heard that only the country where the marriage took place can issue a K3.
Finally what other choice do i have in order to get married in the USA and then come back HELP
Well, with so many different goals you do complicate things a bit. Strictly speaking, it’s not illegal for you to enter the US on Visa Waiver, get married, return to London and then pursue your immigrant visa after finishing your studies. It’s only illegal to enter on Visa Waiver or a tourist visa, if your intent is to remain as an immigrant. However, it is possible that the airport inspectors might not see things quite your way. If you enter on a K-1, you’re obliged to get married within 90 days and then as the spouse of an American citizen your husband can file the paperwork for immigrant status. However, among other things, you need to be aware that K-1s and K-3s have to be filed in the US. And you have to file an IR-1 petition, as the spouse of an American citizen before you can file a K-3.
The problem is the time frame, as a year can be a long time depending. It could take up to a year to file the K-1 in the US, get the petition back to your embassy of choice and get interviewed and issued. So, that could throw your marriage day in the US off quite a bit depending on the breaks.
You should check with the US embassy in London and see if your American spouse can file an IR-1 petition there once you’ve gotten married, assuming you do marry there. Or if you want to get married in Italy talk to the embassy there or the consulate in Naples since they do immigrant visas in Italy, about your ability to file there. If you can file overseas, you’re probably better off, but be sure to ask first. You may or not be allowed to file at any particular embassy as policies tend to vary a bit and sometimes the regulations change as well. If you can file overseas, there is no need to do a K-3 and you can’t file those overseas anyway.
If you do get married in the US anyway, no one will stop you from leaving. US immigration is not in the business of stopping foreigners from leaving. If you do get married there and leave, you won’t be able to return until you do get an IR-1 or K-3 visa. It all will work out eventually though, good luck.
Posted From Yahoo! Answers (for informational purposes only)