which is better k-1 or i-130?
May 22nd 2001, 12:47 pm
#1
Guest
Posts: n/a
i am trying to have my girlfriend live with me in the US. she is from hong kong. we
have been looking at some information about how we can achieve this. and found out
about k-1 and i-130. first we were thinking of using i-130, but it seems to take
longer than k-1 visa.
anyone have a suggestion on which is easier and faster?
peter choe
have been looking at some information about how we can achieve this. and found out
about k-1 and i-130. first we were thinking of using i-130, but it seems to take
longer than k-1 visa.
anyone have a suggestion on which is easier and faster?
peter choe
May 22nd 2001, 4:24 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,400
Which one you use depends on the country you are dealing with, the INS service center you are using, etc. If the country your fiancee allows direct consular filing of the I-130 that is the fastest way to go (usually 1 to 4 months). If your fiancee can enter the US as a visitor and make a clean entry at the POE, then you could marry here and file for Adjustment of Status (I-130/I485) (time for this irrelevant as you are together and the foreign spouse can get the right to work and vacation outside of the country while waiting for the AOS interview). Or you can marry, leave them in their country and return to the US and file here for their entrance. (This takes months if not a year or more to accomplish).
The fiancee visa is poison of choice for people whose US Consulate does not allow direct consular filing of the I-130 after marriage and the foreigner cannot obtain a travel visa to come to the US. Of course it is also used by those that want the safest, most foolproof way of dealing with INS without having to worry about making a clean entry at the POE or they want to plan for a wedding ceremony/celebration with friends and family, or just have obligations that need to be cleaned up in the foreign country and the K-1 allows the time to do this.
Rita
The fiancee visa is poison of choice for people whose US Consulate does not allow direct consular filing of the I-130 after marriage and the foreigner cannot obtain a travel visa to come to the US. Of course it is also used by those that want the safest, most foolproof way of dealing with INS without having to worry about making a clean entry at the POE or they want to plan for a wedding ceremony/celebration with friends and family, or just have obligations that need to be cleaned up in the foreign country and the K-1 allows the time to do this.
Rita
May 22nd 2001, 5:41 pm
#3
Guest
Posts: n/a
[email protected] (peter)
>
>
>
>
>
>
>
>
Peter, If you are looking at either the I130 or K1 is because you've decided to
get married. This being the case, generally K1's tend to be faster for
processing purposes.
Good luck, John
>
>
>
>
>
>
>
>
Peter, If you are looking at either the I130 or K1 is because you've decided to
get married. This being the case, generally K1's tend to be faster for
processing purposes.
Good luck, John
May 22nd 2001, 6:12 pm
#4
Guest
Posts: n/a
My comments are based on the assumption that your girlfriend has a Hong Kong ID card
(as my wife did before we married). If she does not, but is still eligible to use the
U.S. Consulate in Hong Kong (example: an overseas contract worker living in HK), then
some of these comments will still apply.
The fastest possible method would be for her to get a U.S. B1 tourist visa and come
over on a "vacation". During this vacation you would just get married and she would
not go back. I do NOT recommend this approach since there are various risks and
premeditated deceits involved that are NOT worth the time-savings (IMHO) over a K-1.
Your next (and best, IMHO) option is the K-1 fiancee' visa. This should take about
4-6 months (currently). The longest hold-up will be at the INS Regional service
center that handles your initial I-129F petition; once it is approved and arrives at
the US Consulate in Hong Kong you can expect a VERY speedy interview (barring
complications with your fiancee's paperwork ). Note that most of my 4-6 month
guess-timate is based on delays at the INS regional center, not the consulate in HK.
This has been verified by a couple I know who just finished a K-1 from Hong Kong last
month. My wife's K-1 only took 91 days from start to finish, back in the spring of
2000. The HK Consulate has maintained an excellent track record, and you can even
open a provisional file there now once your I-129F is approved.
Finally, you can go the I-130 Spousal visa route. It takes the longest but once the
fiancee' arrives she has MUCH less INS headaches to deal with than the K-1 immigrant
does, because the Spousal visa inherently provides things like work and travel
authorization, which a K-1 recipient must apply for separately after arriving.
I invite you to check out the discussion group I moderate for China-USA-Couples. If
you would like to participate, follow the directions at this weblink to join.
http://groups.yahoo.com/group/China-USA-Couples
Regards, Tim
(as my wife did before we married). If she does not, but is still eligible to use the
U.S. Consulate in Hong Kong (example: an overseas contract worker living in HK), then
some of these comments will still apply.
The fastest possible method would be for her to get a U.S. B1 tourist visa and come
over on a "vacation". During this vacation you would just get married and she would
not go back. I do NOT recommend this approach since there are various risks and
premeditated deceits involved that are NOT worth the time-savings (IMHO) over a K-1.
Your next (and best, IMHO) option is the K-1 fiancee' visa. This should take about
4-6 months (currently). The longest hold-up will be at the INS Regional service
center that handles your initial I-129F petition; once it is approved and arrives at
the US Consulate in Hong Kong you can expect a VERY speedy interview (barring
complications with your fiancee's paperwork ). Note that most of my 4-6 month
guess-timate is based on delays at the INS regional center, not the consulate in HK.
This has been verified by a couple I know who just finished a K-1 from Hong Kong last
month. My wife's K-1 only took 91 days from start to finish, back in the spring of
2000. The HK Consulate has maintained an excellent track record, and you can even
open a provisional file there now once your I-129F is approved.
Finally, you can go the I-130 Spousal visa route. It takes the longest but once the
fiancee' arrives she has MUCH less INS headaches to deal with than the K-1 immigrant
does, because the Spousal visa inherently provides things like work and travel
authorization, which a K-1 recipient must apply for separately after arriving.
I invite you to check out the discussion group I moderate for China-USA-Couples. If
you would like to participate, follow the directions at this weblink to join.
http://groups.yahoo.com/group/China-USA-Couples
Regards, Tim
May 22nd 2001, 8:39 pm
#5
Guest
Posts: n/a
My fiance and I wondered the same thing and aparently it's better to go the K1 route.
Check with her local consulate in Hone Kong to see if you can file directly through
them instead of having to go through your US service center.
(I think I'm learning a few things!)
Vicki
>
hong kong.
>
and found
>
seems
>
>
>
>
>
Check with her local consulate in Hone Kong to see if you can file directly through
them instead of having to go through your US service center.
(I think I'm learning a few things!)
Vicki
>
hong kong.
>
and found
>
seems
>
>
>
>
>
May 23rd 2001, 11:51 am
#6
Guest
Posts: n/a
"Vicki Stratton" <[email protected]>
>
>
>
You cannot direct-file a K-1 through the US Consulate in HK. You have to file the K-1
through the appropriate INS service center and let it be routed to HK. They do not
support the DCF option, either.
Regards, Tim
>
>
>
You cannot direct-file a K-1 through the US Consulate in HK. You have to file the K-1
through the appropriate INS service center and let it be routed to HK. They do not
support the DCF option, either.
Regards, Tim
May 25th 2001, 5:41 pm
#7
Guest
Posts: n/a
K-1 is alot faster....we are going thru the I-130 and at 1 year now with just the 1st
NOA. Go the other....wish we had now......Good Luck
>
hong kong.
>
and found
>
seems
>
>
>
>
>
NOA. Go the other....wish we had now......Good Luck
>
hong kong.
>
and found
>
seems
>
>
>
>
>
