k1 VIsa Question - Please Help

K

kpate004

Registered Users (C)
Hello All,
I am not aware if this question is answer before. If it has been answer please point me to right direction.

I am a US Citizen. I recently got engaged to my fiance in India. I want to apply for K1 visa for her so she can come to US and we can get register married in 90 days. But we are confused on what happens after we get registered married at the court, does she have to go back to India while we are doing change of status to Green card? Can she stay in US or does she have to go back to India? Also has anyone gone through this K1 process in california. I wanted to know how long does it usually take to bring the fiance over?

Many Many Thanks,
 
Once your fiance enters the US and marries you within the 90 days, she cannot leave the US without repercussions until she either:
a) Has an approved Advanced Parole
b) Has her GC

So yes, she can wait in the US until her GC is approved.

As for how long it takes- its dependent on the service centre the petition is sent to, and the consulate she will be interviewing at along with other individualized factors so each person's visa journey length is different case by case, but as a general rule of thumb, be prepared for a general 6-10 month wait.
 
The whole point of a K-1 visa is for the finace to come to the U.S., get married and file for a greencard without having to go through consular processing for the Immigrant Visa.

IF you had wanted to marry in India then she'd go through consular Processing and get the greencard status upon entry to the U.S. As a K-1 she comes as a nonimmigrant.

In theory, the nonimmigrant K-1 visa is quicker than getting the CR-1 Immigrant Visa. You and she can be the judges of that.

In that the marriage will be new when she gets the greencard, it will be conditional. Within 90 days of the expiration of her 2 yr card, you two file an I-751 to lift conditions and prove the marriage was bona fide.
 
kpate004 said:
Hello All,
I am not aware if this question is answer before. If it has been answer please point me to right direction.

I am a US Citizen. I recently got engaged to my fiance in India. I want to apply for K1 visa for her so she can come to US and we can get register married in 90 days. But we are confused on what happens after we get registered married at the court, does she have to go back to India while we are doing change of status to Green card? Can she stay in US or does she have to go back to India? Also has anyone gone through this K1 process in california. I wanted to know how long does it usually take to bring the fiance over?

Many Many Thanks,
Click to expand...
In this thread: http://forums.immigration.com/showt...dents-that-were-in-India-when-TVU-closed-down you say that you were at TVU and need an F1 visa:
I call the SEVIS department and they gave me the option to apply for another visa even though my visa is valid till Dec 2011.
Click to expand...
What now? A US citizen doesn't need an F1, and has nothing to do with SEVIS.
 
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