Preferred option: K1 or K3 or something else?

P

ppss

New Member
Hi,

I am a US citizen based in NJ and recently got engaged to a girl in Delhi. We both would like to get married and be together in the US at the earliest :-) Looking at the timelines for the fiance and spouse visas (it looks like they both take 4-6 months these days based on the Vermont Service Center web site) I am wondering if there is a faster option.

My fiance is an IT professional and has a valid B1 visa and could come to the US for work if she really wanted to. So my question is which of the following options would work the fastest without any legal problems. Also if people can give estimates of how long these options are taking currently.

1. K1 Fiance visa (I-129F) and get married here in the US.
2. K3 spouse visa (I-130 followed by I-129F) filed by me in the US after getting married in India.
3. My fiance coming to US on B1; get married here and apply for adjustment of status.
4. I am reading about the DCF (direct consular filing) option for spouse on the forums. Not clear what the eligibility criteria for it are and how long it is taking in Delhi.

Thanks in advance for your help.
-P
 
K1 or K3 - same query

I don't know trhe answer but am in the same boat. I am planning to get engaged in March / April and trying to figure out the shortest way to get her here.
Would appreciate any estimates and experience of pple in similar situation.
Thanks
 

1. K1 Fiance visa (I-129F) and get married here in the US.
Takes about 6-10 months.....by far the quickest option

2. K3 spouse visa (I-130 followed by I-129F) filed by me in the US after getting married in India.
Takes about 10-12 months.

3. My fiance coming to US on B1; get married here and apply for adjustment of status.
Illegal and classed as immigration fraud. DO NOT choose this option

4. I am reading about the DCF (direct consular filing) option for spouse on the forums. Not clear what the eligibility criteria for it are and how long it is taking in Delhi.
To file for DCF the US citizen (you) must have been living in the consulate region (India) for a minimum period of 6 months. Takes approximately 6 months from filing.
 
elcupacabras said:

1. K1 Fiance visa (I-129F) and get married here in the US.
Takes about 6-10 months.....by far the quickest option

2. K3 spouse visa (I-130 followed by I-129F) filed by me in the US after getting married in India.
Takes about 10-12 months.

3. My fiance coming to US on B1; get married here and apply for adjustment of status.
Illegal and classed as immigration fraud. DO NOT choose this option

4. I am reading about the DCF (direct consular filing) option for spouse on the forums. Not clear what the eligibility criteria for it are and how long it is taking in Delhi.
To file for DCF the US citizen (you) must have been living in the consulate region (India) for a minimum period of 6 months. Takes approximately 6 months from filing.
Click to expand...

Thanks for your reply. Is option 2 really taking that long these days? Researching on the internet it looked like I-130 followed by I-129F for K3 visa was faster than fiance visa.

Also the text on https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC states that naturalization applications filed after June 1, 2007 may take 12-18 months. Do the fiance or spouse visa apps count as naturalization applications? If they do, that really pushes out the date :-(
 
Yep. Thats true. K3 has always typically taken longer than K1, though going by the timelines of people currently going through the process, processing times for K3 (I-I30 NOA1 to interview) as of today (12th feb) is at 313 days. For k1, processing times are 218. Of course, each case is different and theres no way to tell whether your case will take less or more time than the average.

Here is a link of current timelines and trends for K1 and K3.
http://www.visajourney.com/timeline/stats.php?cfl=
 
Oh- as for naturalisation......that can only be done once you have entered the States and undergone AOS to permanent resident. Once you have your greencard in hand, you can apply for naturalisation 3 years (less 90 days) after the issue date on your greencard. Naturalisation times has no bearing upon receiving a visa to enter the States as either a spouse or fiance as its a separate process you undergo years after entry to the US.
 
elcupacabras said:

3. My fiance coming to US on B1; get married here and apply for adjustment of status.
Illegal and classed as immigration fraud. DO NOT choose this option
Click to expand...


Is this variation OK?

I apply for K1 visa.
My fiance comes to US on B1/H1 (for genuine work).
She goes to India for the K1 interview when it is scheduled.
She returns to the US after the interview.
 
K1/ K3/ Direct Greencard through CP

Hi,

I am a US citizen based in Texas service center and my girlfriend is in India. We are not commited to marriage yet but it's a possibility since we are appearing to like each other. Even if we like each other, it might be 3 months before we can get married or engaged. She has no visas to come to US at present. She has a child too. I am asking her to get a tourist visa and come to US to spend more time with me so we know each other better. But then she may not get tourist visa at all and I might have to go to India to spend more time with her.

We are also talking about WHAT-IF situations and how long will it take to immigrate her if we ever to be married.


Please advise on various options available at present in terms of real risks and quickest timeline. Here is what I gather on the site:

1. File for K1 Fiance visa (I-129F) and get married here in the US when she arrives here. If we don't like each other for marriage, we cancel it out.
2. Marry in India. File for K3 spouse visa [and K4 for child] (I-130 followed by I-129F) in the US after getting married in India.
3. If she gets tourist visas for her and child, then arrive to US on tourist visas; get married here and apply for adjustment of status. I was advised by an attorney that this is alright option since people do fall in love on vacation and decide to marry.
4. Marry in India. Bringing my spouse and child to US through doing Consular Processing which could take upto a year after marrying in India and then filing papers in USA (I130 petitions for spouse and child).


Thanks in advance for your help.
 
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