Opheliablotch

Hey all

My fiance and I are trying to figure out the best route to take for my immigration status. We are a bit confused.

Being in the US at the minute on a B2 visa [1week left on I-94] we thought that it might be possible to go ahead and have a civil ceremony, file the I-130, await the receipt, then file the I-129F for the K3. The problem is I wish to return home for the holidays and a couple of other important events.

Does anyone know if it is possible to still proceed with a K3 visa application from abroad if the marriage took place in the US? [The petition itself is filed in US]. The website is confusing as it states , "....The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place...." Does this mean that if my parter files the K3 petition then if I go home I would not be able to apply for the visa itself as the marriage wouldn't have occurred there?

Or, would we just be better to apply for the K1 Fiance Visa?

Thanks for any thoughts on this soon would be great.
Ophelia

meauxna

For a K-3, if the marriage took place in the US, then the visa application will go through the country of your primary residence (it's in the small print if you keep reading).

You might look at the interview wait times for your country to see if there is a difference between a K and an Immigrant Visa interview wait.
And don't neglect studying the Immigrant Visa option--the K-3 might never come through and you should know the steps for the IV as well.

Noorah101

Hi Ophelia,

The choice is yours whether to go for the K-1 or K-3. But yes, it's possible to marry in the USA, and then continue the process. The scenario you describe in the 2nd paragraph is the right approach. You might even have your I-130 processed faster than the I-129F, and end up with an immigrant visa interview instead, which is far better.

Best Wishes,
Rene

Opheliablotch

Thanks very much to both of you for responding to my queries.

We really want to make sure that we do everything properly and not break any regulations. I was deeply surprised when we asked the immigration officials at their reaction - which was to just go get married right now, and stay in the country- I had thought that being on a B2 would've totally prevented this.

Anyway - we are now wondering that if we just go ahead with the civil ceremony - saving the bigger church thing until later - that this in itself might cause problems given that we only have a few days now in which to pull it together, file the I-130, and most of our friends/relatives would not be in attendance. For this reason we are thinking that the safe bet is to go the K1 route.

Any further thoughts? [I've heard that its taking K3 about the same length of time to process as K1 - so I'm not sure which to go for]

best wishes
ophelia

ian-mstm

The biggest difference, all else being equal, is the separation. You will be apart for some period of time... so it's really a matter of whether this happens before you're married, or after you're married. Personally, I think before is better... but that's just me.

Ian

Noorah101

Hi Ophelia,

There are pros and cons for both the K1 and the K3 (or IV immigrant visa, which you may get even sooner than a K3).

The K-1 is easier to take care of NOW, as far as filing the paperwork. But it means more paperwork later on for AOS, once you come to the USA.

The Immigrant Visa (with the K-3 as a backup plan) is a far better visa to get, as it means no AOS here in the USA. But it would mean some rushing around to get married NOW.

You don't have to be here in the USA when your fiance files any of the paperwork, so it really comes down to which way you prefer to go....rush now and be married, with a better visa to enter the USA in the long run....or take your time, be engaged for a while, and plan a proper wedding for when you return on your K-1.

Really, the choice is totally yours.

Best Wishes,
Rene

Elvira

The problem with the immigration officer's advice - to get married and stay in the US and file for AOS - is that you would not be able to make it home for Christmas. You would need to get Advance Parole, which can take 2-3 months to get (and, of course, you would have to be able to file all your other AOS paperwork at the same time, and getting all that together can take a while).

Opheliablotch

Hi
We've finally decided to file the petition for a K1 visa, given the short period of time its best to do this properly.

My question becomes then, do you have any ideas on what to put in a statement of intent; how many photos/emails to send. My partner and I have been together for 3years now and have been commuting back and forward up till this year.

Similarly what questions am I likely to be asked at the consular visa interview stage. I am concerned that as my divorce only came through in June this year then this might cause problems.

Thanks again for all the excellent help and advice

Noorah101

The statement of intent can just be a simple paragraph stating who you are, and that you intend to marry within 90 days of the immigrant's arrival on the K-1 visa. It can be one paragraph which both of you sign.

With the I-129F petition, send copies of photographs of both of you together, really just the ones showing that you've seen each other within the past 2 years are relevent now. When you go to the interview, bring pictures from all 3 years.

With the I-129F petition, send proof that you've met within the past 2 years, such as plane ticket stubs, passport stamps, travel itineraries, etc.

At the interview you'll be asked about your relationship, your intent, and to show original evidence. Just be honest and answer only the questions asked, don't offer more information on your own.

Best Wishes,
Rene

ian-mstm

No, it won't.

Ian