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  • Please tell me

    I have read many threads concerning this issue and have done my research, but I am still so baffled in which would be the best to do.

    Should I marry my fiancee in her country and then file the K-3 (if so, will I need to stay in her country for a certain amount of time to get the processing done) or should I just file the K-1?

    I have read that the K-3 will get her green card faster, but it is taking longer to process. Is this true? I will be filing through the Nebraska Service Center. If so, which process would be faster, more economical, and what is the time difference between the two K's for her to get here? Or, better yet, if you could define the pros and cons for each that would be great also.

    Thanks for your advice, suggestions and thoughts.

  • #2
    I have read many threads concerning this issue and have done my research, but I am still so baffled in which would be the best to do.

    Should I marry my fiancee in her country and then file the K-3 (if so, will I need to stay in her country for a certain amount of time to get the processing done) or should I just file the K-1?

    I have read that the K-3 will get her green card faster, but it is taking longer to process. Is this true? I will be filing through the Nebraska Service Center. If so, which process would be faster, more economical, and what is the time difference between the two K's for her to get here? Or, better yet, if you could define the pros and cons for each that would be great also.

    Thanks for your advice, suggestions and thoughts.

    Comment


    • #3
      Hi I Need To Know,

      K1 - For fiancee Visa
      K3 - For spouse abroad that you wish to bring to US.
      DCF - Direct Consular Filing for spouse (the fastest). But not all American Consular overseas do this, only certain countries, you have to check.

      Definitely if you married abroad you cannot file K1 anymore since that only for fiancee visa, not spouse. As far as I'm concerned, you don't need to stay there while its filing. You can be in US and she can be at her home country.

      Well, I'm not an expert or lawyer, this is only a view, for futher and officical advise check BCIS website. Some ppl who gone through this also can give their ideas .

      I have a good site for you to have a basic knowledge about about visas. Go to

      http://www.kamya.com/interview/splash.html

      But remember, careful with what you read and get more information at BCIS official website for reliable info.

      Good luck.

      Comment


      • #4
        xx so kind of you to take the time to reply. It is greatly appreciated.

        I am concerned about the time it will take to get her here with me to the states. If I filed a K-3, would it take longer than if I didn't marry her and filed the K-1? I noticed the processing times are a lot more updated to time on the K-1 than the K-3.

        Also, she is wanting to start work as soon as she gets here. Would she be able to do this with a K-3 before the K-1? I really feel the BCIS website is a great one, but still can not answer all of my concerns.

        Again, thank you so much for your advice and information.

        I would appreciate further details from anyone else that would be quite knowledgeable in this area.

        Thank you in advance.

        Comment


        • #5
          As someone caught in this nightmare of a process, I'll give you the best (unprofessional) advice that I have. Your options:

          K1 - You must file this from the U.S. before you marry, not from abroad. So no, you don't need to stay there, but you might be seperated for awhile. I don't know about processing times - others might be able to advise. She would have to adjust her status after you married which takes a long, long time according to people on these boards, but she would be able to stay with you and to work.

          K3 - Also must be filed from the U.S., so again you do not need to be abroad but may be seperated. Last time I talked to them, it will take about 2 months to process in the U.S. and then go to the embassy or consulate. So it will vary from country to country; in Egypt they told us 3-4 months total. The same as a K-1, she would need to adjust her status before she could become a permanent resident.

          DCF - This way she would have permanent residency as soon as she arrived in the U.S. It is much faster than adjusting one's status once in the U.S., but make sure you meet all the requirements (i.e. sponsorship) before you take this route. The exact times will vary according to each embassy and consulate (if they do this at all). In Egypt it was about 2-3 months and you must reside with your spouse until the I-130 is approved.

          Comment


          • #6
            deport illegal aliens

            Comment


            • #7
              Thank you so much Dawn for the information. I am not familiar at all with the DCF Processing. Could you, xx, or someone else tell me where I could read up on this to learn more about it? Is it similar to the same forms and processes as the other two options?

              I just really wish I knew which visa would be the simplest and quickest way to get her here, but then again, don't we all?

              Thanks again. You guys/gals have been just great.

              Oh, by the way guest....I am trying to deport her....from her country to OURS! Thanks for the advice. I think you might be a little jealous. You should be, she is one of the most beautiful women I have ever met, inside and out.

              Comment


              • #8
                I need to know,

                First, check the above site for reading, the one I gave you earlier.

                To talk to ppl about KI, K3 or DCF, go to below forums and they have specific forums you can join. There is lots of ppl doing K1, K3 and DCF. Find the forum suit your need and ask the ppl who are before, in the midth and succeeded in the application. I'm so sorry that I cannot tell you more about how and what K1, K3 and DCF because I'm here not in any of the above categorize.

                The sites are:-

                http://britishexpats.com/forum/

                http://boards.immigrationportal.com/

                Good luck

                Comment


                • #9
                  By the way, where is your fiancee from? So you will know if her / his country have DCF processing.

                  Comment


                  • #10
                    I need to know,

                    I found this site, good for your reading!

                    http://k1.exit.com/spouse1.html

                    Comment


                    • #11
                      xx, you have been so very helpful. Thank you so much for your time and your information. My fiancee is from Italy.

                      I will be joining her soon and really looking forward to being with her. It is just going to be so hard leaving her once again.

                      I do wish I could just marry her and bring her back with me

                      I am still not positive in which way would be the best, but I guess I will be needing to make a decision very soon and have all of the papers and everything I need for her to fill out.

                      Again, thank you for your kindness!

                      Anybody else's input would also be greatly appreciated, especially concerning the DCF Processing.

                      Comment


                      • #12
                        I am trying to make the same decision, k1 or k3. Unfortunately would be using Texas SC. According to the processing times on this website the k1's (I-129f) from Jan of this year are now being processed, while the k3's (I-130) from of 2001 are now being processed. So I have questions too, such as am I reading that correctly? If we got married it would take two years for him to be able to come here?? If we did the k1 he could come in approx. 6 months? Have I missed something? My other concern is, does it make much difference about the status as long as he has a temporary or regular work permit? Do companies steer away from hiring someone under those conditions? Any ideas would be appreciated and I'm going to check out the above sites also.

                        Comment


                        • #13
                          I know that lawyers may not be popular but getting a good lawyer to advise you on anything relating to marriage and immigration is important. I have a Ph.D. and two masters, but even so, I turned to lawyers when I married my Chinese spouse. Now there are a lot of pencil pushers who claim to know immigration law (and I've used some to my detriment), so it is important that you feel confident in your lawyer and that they tell you details. If they say vague things like "its a **** shoot" or "it doesn't matter" then they are probably not well versed. Immigration policies are enforced with differing philosophies in different regions of the country. Some of them, like those in the Northwest, are borderline racist or at least anti-internationalist and, imho, anti-family in their perspective. So having a good lawyer who knows how policies differ (for example don't file an I-130 and I-495 together in the Northwest even though its not a problem in most other regions of the US) is crucial. I cannot tell you how to guarantee you have a good lawyer and having a good lawyer will not eliminate all problems, but BICS plays a game by their rules and having an advisor who knows how the rules are played in your region is important. If I had gotten the right advisor initially, it would have saved us thousands of dollars. Talk to a good lawyer. Search out legal firms that are leaders in immigration law. They will cost a bit more, but I guarantee they will save you heartache and money in the long run.

                          Comment


                          • #14
                            Prof, what are you doing here with a Ph.D. and two masters? This board is first and foremost for immigrant wrecks who can not even find a decent job to buy the next week groceries.

                            Comment


                            • #15
                              First of all, I would like to thank everyone that has taken the time to respond. It is so much greatly appreciated.

                              To Sammy:

                              I have read many of your responses and highly impressed with such detail that you offer. Please, Sammy, I am getting desperate and very stressed. Could you please point out the pros and cons of the K-1 Visa and the K-3 Visa? I will be leaving soon to be with my Fiancee and I need to make a decision very soon, so I can prepare the papers that I will need to take. Also, could you fill me in a little on the DCF processing that has been mentioned in the above posts?

                              Your advice and suggestions would be so GREATLY appreciated. You do such a magnificant job!

                              Thanks in advance!

                              I need to know

                              Comment

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