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  • I need some ADVICE

    I want to marry a girl from Colombia who at this time lives in Spain. We were planning on being married there but I want to know if it's possible to have all her papers done before going there so she can come with me back to the states instead of waiting there for the visa. I have a lot of questions so if anyone can help me or at least point me in the right direction as to where to find the answers to them, please let me know.
    Thanks

  • #2
    I want to marry a girl from Colombia who at this time lives in Spain. We were planning on being married there but I want to know if it's possible to have all her papers done before going there so she can come with me back to the states instead of waiting there for the visa. I have a lot of questions so if anyone can help me or at least point me in the right direction as to where to find the answers to them, please let me know.
    Thanks

    Comment


    • #3
      No. There is no process by which you can go over there, get married and bring her back. You have to do a k1 visa or if you do marry over there, you have to do a k3 visa. If immigration knows you intend to get married, they probably won't let her in the country until the k1 is processed. The K3, I hear is faster, but she still has to wait until she gets it over there.

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      • #4
        Here is the process if you get married there. It takes a bit of time.

        The K3 and K4 visas are for the spouse and children of foreign spouse, to enable entrance into the US before the I-130 petition is approved. Read the requirements for the K3 and K4 visa from the Federal Register. The K3 visa is for the spouse, the K4 visa is for the children of the spouse. I-130 petitions normally take longer to process, and the goal of the K3 and K4 visa is to permit the spouse and children of the spouse to enter the US more quickly, in order to assist in preserving family unity.

        Here is the sequence of events for the K-3 Visa petition:
        1. US citizen spouse files an I-130 to the Service Center for your foreign spouse. If you are not familiar with an I-130 petition, read information at this site on how to file an I-130.

        2. US citizen spouse receives a notice of action (or notice of receipt) from the Service Center for the I-130 petition.

        3. US citizen spouse then sends a copy of the notice of action with a completed I-129F form and $95 fee to the Chicago INS address on the I-129F petition form.

        Let me emphasize: When filing this I-129F, you need to send the entire requested materials for the I-129F form: (2) G-325A forms, adit pictures of each of you, copy of I-130 notice of receipt, copy of marriage certificate, cover letter...the whole thing, just like you were filing a petition for the first time. If you omit any of the documents, pictures, or forms, you will get an RFI (request for further information) from the Chicago Center, and it will delay the processing of your k-3 petition!
        4. The Chicago office checks the petition, deposits the $95 fee, and sends the petition on to the Missouri Service Center. The U.S. citizen petitioner initially receives a notice of receipt from the Chicago office and later a notice of approval.

        5. Missouri Service Center approves the petition and forwards it to the US consulate over there.

        6. They give her a visa and she is on her way.

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        • #5
          The fastest is the K-1/Fiance visa (approx. 3-6 months) and have her adjust in the US.

          If you do the k-3, you still have to wait for notices from the i-130 (about 2- 6 weeks or more) and then the process of the k-3 (3-6 months or more). Lately, it seems that people are having their i-130's approved faster than their k-3's.

          You do the math.

          Goodluck on your marriage.

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          • #6
            Not sure where B got his info. The k3 is much faster.

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            • #7
              i am a spouse of a USC and my I-130 was approved two weeks ago a Texas, yet my K-3 (129f) is still pending at MSC, it has been filed since 05/08 and i am still waiting, i still expect the K-3 to be quicker as it was explained to me that my I-130 will sit at the NVC for 90 days and im almost sure my K visa will be done before then, i hope anyway, with all this IBIS stuff all these service centres are running at least 25% behind, so when they tell you 60-90days they actually mean 120 -160 days, anyway good luck in your quest to be together

              Comment


              • #8
                Jojo

                If in order to get the k-3 you first need to be married, then file for the i-130, then wait for the NOA, then apply and wait for the k-3 visa to come through and be approved, and at this time, they are backlogged in MSC.

                How can that possibly be faster than the k-1, where the guy just files for his fiancee, and once it is approved, they can go through the same process as the k-3?

                Before criticizing and questioning my info, please do your own research. www.state.gov

                For the original poster, I have already been through this process, the k-1 is faster if you want your loved one here faster.

                Whatever the case, the choice is yours.

                Goodluck

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                • #9
                  The K3 and K4 visas are for the spouse and children of foreign spouse, to enable entrance into the US before the I-130 petition is approved.

                  Comment


                  • #10
                    Jojo just wondered where you got your info. Other boards and posts have k3 being faster in some cases and k1 faster in others. Nothing wrong with asking where the info came from. Everyone should ask that.

                    No need to get offended. If you don't like to be questioned, maybe you should not post.

                    Comment


                    • #11
                      There is an nice advantage to the K3 found on Shusterman's site (Jojo )

                      According to the INS rule, "aliens present in the
                      United States in a K3/K4 nonimmigrant classification may travel outside of the United States and return using their nonimmigrant K3/K4 visa, even if they have filed for adjustment of status in the U.S. prior to departure "The
                      Service will not presume that departure constitutes abandonment of an adjustment application that has been filed."

                      Note that this is quite different from those holding K1/K2 status who are required to obtain advance parole from INS to avoid abandonment of their adjustment application with INS, if they leave the United States.

                      Comment


                      • #12
                        This web site gives the average k3 time as about 77 days. I have also seen a page this evening where the USC filed just an i130 no k visas at all and it was approved in less than 30 days

                        I imagine it's all relative then.

                        http://www.marriagebasedvisas.org/

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