DCF or K - 1?
Jun 20th 2004, 3:57 pm
#1
Forum Regular
Thread Starter
Joined: Aug 2003
Posts: 56
DCF or K - 1?
Hello there:
Here is my situation - I am a U.S. Citizen via Naturalization and I plan to move back to my native country. However, I am getting married in November 2004, and I want my fiancée now/wife then to be able to come here for a vacation....about 3-4 months.
I spoke to a lawyer, and this is what he said:
- Don't try for visitor visa (Agreed)
- He recommended applying for the K - 1 (Fiancée Visa) now. He said the timeline on an average for such a visa is 90 - 120 days. And once she gets here, we do the court marriage here, do our vacation and then go back. AND, he said that I can apply for change of status for her in my native country. Is that true? Is one able to do that -> file K- 1 in U.S. and then file AOS in another country?
What do you think is the best way for me to get her here? DCF is also an option, though, I am not sure how long that takes.
I basically want to show her around and get her a status (GC), though I plan to live in my native country.
Thank you for your input in advance!
Here is my situation - I am a U.S. Citizen via Naturalization and I plan to move back to my native country. However, I am getting married in November 2004, and I want my fiancée now/wife then to be able to come here for a vacation....about 3-4 months.
I spoke to a lawyer, and this is what he said:
- Don't try for visitor visa (Agreed)
- He recommended applying for the K - 1 (Fiancée Visa) now. He said the timeline on an average for such a visa is 90 - 120 days. And once she gets here, we do the court marriage here, do our vacation and then go back. AND, he said that I can apply for change of status for her in my native country. Is that true? Is one able to do that -> file K- 1 in U.S. and then file AOS in another country?
What do you think is the best way for me to get her here? DCF is also an option, though, I am not sure how long that takes.
I basically want to show her around and get her a status (GC), though I plan to live in my native country.
Thank you for your input in advance!
Jun 20th 2004, 4:18 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,405
Re: DCF or K - 1?
I don't like to disagree with attorneys but why do a K-1 if she is not going to stay in the US and you are going to be living in another country. Also he is incorrect on the timeline for the K-1. Depending on where you live and she lives it can be 3 months to 12 months to finalize.
You can't get her residency status if she is going to be living outside of the US. Residency is for the purpose of living here. You can probably do that from the US Consulate there when you intend to return to the US to live.
Good luck with your marriage and with whatever avenue you take to vacation here with her.
Rete
You can't get her residency status if she is going to be living outside of the US. Residency is for the purpose of living here. You can probably do that from the US Consulate there when you intend to return to the US to live.
Good luck with your marriage and with whatever avenue you take to vacation here with her.
Rete
Originally posted by Nature Person
Hello there:
Here is my situation - I am a U.S. Citizen via Naturalization and I plan to move back to my native country. However, I am getting married in November 2004, and I want my fiancée now/wife then to be able to come here for a vacation....about 3-4 months.
I spoke to a lawyer, and this is what he said:
- Don't try for visitor visa (Agreed)
- He recommended applying for the K - 1 (Fiancée Visa) now. He said the timeline on an average for such a visa is 90 - 120 days. And once she gets here, we do the court marriage here, do our vacation and then go back. AND, he said that I can apply for change of status for her in my native country. Is that true? Is one able to do that -> file K- 1 in U.S. and then file AOS in another country?
What do you think is the best way for me to get her here? DCF is also an option, though, I am not sure how long that takes.
I basically want to show her around and get her a status (GC), though I plan to live in my native country.
Thank you for your input in advance!
Hello there:
Here is my situation - I am a U.S. Citizen via Naturalization and I plan to move back to my native country. However, I am getting married in November 2004, and I want my fiancée now/wife then to be able to come here for a vacation....about 3-4 months.
I spoke to a lawyer, and this is what he said:
- Don't try for visitor visa (Agreed)
- He recommended applying for the K - 1 (Fiancée Visa) now. He said the timeline on an average for such a visa is 90 - 120 days. And once she gets here, we do the court marriage here, do our vacation and then go back. AND, he said that I can apply for change of status for her in my native country. Is that true? Is one able to do that -> file K- 1 in U.S. and then file AOS in another country?
What do you think is the best way for me to get her here? DCF is also an option, though, I am not sure how long that takes.
I basically want to show her around and get her a status (GC), though I plan to live in my native country.
Thank you for your input in advance!
Jun 20th 2004, 9:19 pm
#3
Forum Regular
Thread Starter
Joined: Aug 2003
Posts: 56
Re: DCF or K - 1?
Originally posted by Rete
I don't like to disagree with attorneys but why do a K-1 if she is not going to stay in the US and you are going to be living in another country. Also he is incorrect on the timeline for the K-1. Depending on where you live and she lives it can be 3 months to 12 months to finalize.
You can't get her residency status if she is going to be living outside of the US. Residency is for the purpose of living here. You can probably do that from the US Consulate there when you intend to return to the US to live.
Good luck with your marriage and with whatever avenue you take to vacation here with her.
Rete
I don't like to disagree with attorneys but why do a K-1 if she is not going to stay in the US and you are going to be living in another country. Also he is incorrect on the timeline for the K-1. Depending on where you live and she lives it can be 3 months to 12 months to finalize.
You can't get her residency status if she is going to be living outside of the US. Residency is for the purpose of living here. You can probably do that from the US Consulate there when you intend to return to the US to live.
Good luck with your marriage and with whatever avenue you take to vacation here with her.
Rete
And, just for my knowledge, is it possible to file a AOS in another country?
Agreed with what you said about Residency, however, what avenue am I left with to get her here for the short period? Without a solid status as provided by the Residency ones, can I even hope to get her here?
