K1 or K3 (CR1)- new thread- B1 visits

K

kaashi

Registered Users (C)
Thanks for the previous posts guys. Little paranoid here since I am in currently in India and I just got engaged. The next is the k1 or the k3. The girl's side doesn't mind it either way. However, they think the k3 is a more solid thing. K1 has a lot of time involved and people don't feel super comfortable with that.

So, I will have my interview on Feb 23rd. Hope to have the oath ceremony soon, get my citizenship certificate, and then I will either visit again in April for the court marriage or the girl might visit me on her B1/b2 and do the court marriage in the US. Then she'd go back after two weeks or so.

Question: Once I file for the k3 for her in April/May (either marriage takes place in India or the US) and she comes back to India after the marriage, can she travel to the US freely on her k3? or does she have to wait for the next 8-10 months?

If she decides to visit on her B1 (but after I have filed for her k3), can she be denied entry at the POE? she probably has to write Married on her I-94, how does she explain Intent and all that, even though she has a return ticket and family etc in India?

Any help would be great appreciated. Thanks so much. You have no idea how thankful I am to you.

Question: Could someone please tell me how to check how soon the oath ceremony might be if I have my interview in Hartford? I've been trying but no clue how to find the stuff. Hope it doesn't take more than a month after the interview. Everything from the marriage side would still stay, it is for the long, long term, but the equation would change a little bit.

kaashi
 
Correction:

Question: Once I file for the k3 for her in April/May (either marriage takes place in India or the US) and she comes back to India after the marriage, can she travel to the US freely on her B1/b2? She has a B1/B2 for the last couple of years and visited the States 2-3 years ago. Or does she have to wait for the next 8-10 months?
 
kaashi said:
: Once I file for the k3 for her in April/May (either marriage takes place in India or the US)
Click to expand...

I would go the CR1 route.

kaashi said:
can she travel to the US freely on her B1/b2? She has a B1/B2 for the last couple of years and visited the States 2-3 years ago. Or does she have to wait for the next 8-10 months?
Click to expand...

She is able to seek entry to the US on her B visa, but as is the case with all visas, there is no guarantee that she'll be allowed entry. She may be asked proof of ties that she is going to return to India at the end of her I94- chances are she should be fine, but know one here will be able to assure you that she will be successfully admitted.

kaashi said:
can she be denied entry at the POE?
Click to expand...
Absolutely. The best way to go about it is to be mentally prepared for a denial- that way should she be denied you would have been 'expecting' it, but if she is admitted then thats something to be extremely happy about.

kaashi said:
how does she explain Intent and all that, even though she has a return ticket and family etc in India?
Click to expand...
Best way is through significant ties back to India such as mortgage payments, letter from employer stating when she's due to return to work etc.
 
I think we might play it like this:

I appear for my Citizenship interview on Feb 23. Hope I clear that. Then hope to have the oath ceremony soon after, a month max. May be have her visit the US around April/May on her B1/B2, she'd visit her sister and do some work with her work people, then possibly get married in CT. That way she is already here for her visit. Nobody will be asking her to go back. And then file for he K3/ CR-1. She can stay till August or till her I-94 is up or whenever she wishes. I visit here in September again.

The grind will be what happens after that. I guess, it would be hard for her to visit here again after September, having filed the K3/CR-1. Probably have to wait for the usual 8-10 months starting from when we file the papers (May end). Does this plan seem to make sense? Trying to secure the marriage from the family's perspective, also have the girl stay here for a bit.

Or we go the K1 route. Thanks.
 
If she has a B1/B2 why cant you have a court marriage when she is in America, after you being a Citizen of course and go for AOS. I know that its not the USCIS preferred way, as they are against non immigrant visa holders doing an AOS. but for IR of a citizen, I've heard that USCIS goes easy on them. getting a B1/B2 after petitioning i130 might be chance of denial of entry at the POE. but hiding the fact of the engagement altogether and let her arrive on a B1/B2 and proceed with things as she is already here. If USCIS normally allows AOS without complications for IRs of Citizens even if they were out of status, should ur case be any different.

any thoughts ?
 
Entering the US on a tourist visa with the intention of AOSing is a violation of immigration law. If it didnt come with risks then 'everyone' would be doing it (not to mention those who can travel visa free on the VWP). While people are successful going this way, the risks of a failed AOS involve deportation and a ban from the US. Something I would not want to wish on my spouse or relationship for the sake of saving a few months wait time while waiting for the appropriate visa.
OP should go the suggested route that has already been suggested in this thread.
 
Had the Citizenship interview yesterday in Hartford. Nice officer, mild mannered person. I had the documents ready. Was asked for the tax papers from years past which I was ready for. The civics test was easy. All in all, a very pleasant, easy experience. Oath ceremony on March 11 in New Haven.

Then the question is filing for the K1 after I get my certificate or do I wait to file till I get my US Passport? Not married yet so K1 is the first option. I just need to file the I-129f and G325A (for both of us), right? I will send her the I 864, Affidavit of Support. Anything else to be aware of? Don't need a lawyer for those forms, right? They seem pretty basic.

Or, if CR1 is the way to go then I go to India during Easter, get the legal marriage papers there from the court. Or she comes here in May end and we go to the court here and get married and then file for CR 1. She'll come for just one month or so on her B1/B2 and then go back to her home.

Wondering which way is the fastest and easiest? Don't know why, at the moment, K1 seems to be the best and the simplest choice. But we can work things around if CR 1 is an overall better option.

I guess, whether one files a K1 (I 129f) or a K3 (I 130), everyone has to eventually file for the AOS once they enter the US. And then file for removal of conditions on the Green Card. I mean, no matter which way one cuts it, the costs of filing these forms are all pretty much the same, for everyone, right? Around $1500-2000 or more. Or does the CR-1 costs less? Just curious. Thank you so much.

And a huge thanks to everybody for listening, reading, being patient, and being so selfless and so helpful. It really means a lot and I really appreciate it.
 
kaashi said:
Then the question is filing for the K1 after I get my certificate or do I wait to file till I get my US Passport? Not married yet so K1 is the first option. I just need to file the I-129f and G325A (for both of us), right? I will send her the I 864, Affidavit of Support. Anything else to be aware of? Don't need a lawyer for those forms, right? They seem pretty basic.
Click to expand...

The certificate should suffice- theres a spot on the petition which asks for the number on your naturalization certificate. Your passport is not needed..........not all Americans have a US passport and they do not have to get one to petition a fiance. In this case they would use their birth certificate and in your case you would use your naturalization certificate.
Forms are pretty simple and unless you both have complicated background (ie criminal background/past overstays) then no lawyer is needed. We did my petition and AOS ourselves and got everything approved without a hitch.


kaashi said:
I guess, whether one files a K1 (I 129f) or a K3 (I 130), everyone has to eventually file for the AOS once they enter the US. And then file for removal of conditions on the Green Card. I mean, no matter which way one cuts it, the costs of filing these forms are all pretty much the same, for everyone, right? Around $1500-2000 or more. Or does the CR-1 costs less? Just curious. Thank you so much.
Click to expand...

Everyone who enters on a K1/K3 does have to AOS. Those who enter on a CR1/IR1 do not (hence why it is the overall cheaper option)

The I-864 is for adjustment of status......for K1/K3, its the I-134 that you send to your fiance/spouse.
 
You must log in or register to reply here.
Top