K3 spouse visa quick question

T

Texas_Guy1

New Member
Hello folks ! I am trying to get some information for my Bangladeshi friend. He is a US Citizen and he is interested to get married in Bangladesh. From what I read on the forum here, he can either use K3 spouse visa or the IR/CR visa. I dont think Bangladeshi's get the fiance K1 visa as far as I know ( I may be wrong).

1) An ideal scenario would be if he got married in Bangladesh and his wife could come on a B1/B2 visa with her family. The family ofcourse would leave eventually. Would it be possible for my friend to use a lawyers service and do AOS (adjustment of status) ? Is that even possible ?

2) The whole purpose is to choose the quickest way for his wife to come and stay here. If my B1/B2 suggestion is not allowed by the immigration system, would anyone have any other suggestion ?

3) If he did do a K3 spouse visa, reading the forum, it says about 12-15 months for a visa after submitting the I-130 and then the I-129F form.
Is that time-frame correct ?

I am an employment based immigration case myself and dont have much knowledge regarding USC marriage. So any guidance would be much appreciated !
 
You are wrong.
Texas_Guy1 said:
I dont think Bangladeshi's get the fiance K1 visa as far as I know ( I may be wrong).
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Entering the US on a B-2 visa WITH the intention of AOSing is not a smart move.

Texas_Guy1 said:
1) An ideal scenario would be if he got married in Bangladesh and his wife could come on a B1/B2 visa with her family. The family ofcourse would leave eventually. Would it be possible for my friend to use a lawyers service and do AOS (adjustment of status) ? Is that even possible ?
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Do it the proper way. Go through consular processing to get his wife her GC.

Texas_Guy1 said:
2) The whole purpose is to choose the quickest way for his wife to come and stay here. If my B1/B2 suggestion is not allowed by the immigration system, would anyone have any other suggestion ?
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An average of 12 months seems to be the norm.

Texas_Guy1 said:
3) If he did do a K3 spouse visa, reading the forum, it says about 12-15 months for a visa after submitting the I-130 and then the I-129F form.
Is that time-frame correct ?
Click to expand...
 
There should be nothing stopping him for filing for a K1 fiance visa. This is the quickest route as it can be applied for NOW (considering they are both free to be married).
 
Ofcourse, the K-1 visa option is open. However I got the impression the OP was more interested in the spousal based visas, CR1 and/or K-3.

elcupacabras said:
There should be nothing stopping him for filing for a K1 fiance visa. This is the quickest route as it can be applied for NOW (considering they are both free to be married).
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Thanks for your suggestions Triple & Elcupacabras. Much appreciated !
My friend is flexible. Whatever he can do to get his wife here in a legal way is his only goal (just as everyone else!)

Few quick questions :

1) Is it a whole lot of lawyer work if the wife comes on B2 and then wants to AOS ? Would the issue be that she has over-stayed her visit or its just not allowed to come on B2 and then try to adjust status ?

2a) What are the requirements for K1 ? I was reading they have to have met atleast once or known each other for 2 years. Can you please provide me the specifics ?

2b) Does it take about 6 months to get the K1 fiance visa currently ?

3) The only difference I am aware of between CR1 and K-3 is that the CR1 visa gives the green card to the immigrants as soon as she arrives to the U.S. - which one would you prefer between the two visas ? I also read somewhere that if the wife gets a K-1 fiance visa, she will have to leave the U.S. and then apply for the K-3 spouse after marriage. Is this correct ? Please provide the pro/cons (as far as time and benefits)

Thank you for your help again !
 
A1: You are missing the point. I'll repeat myself. Entering the US WITH the intention of AOSing can become problematic. USCIS may accuse the wife of misrepresentation at the visa interview and/or point of entry. Why go down that route when several safe avenues are available?

A2A: Both parties should have met atleast once in the past 2 years and both parties should be free and willing to marry each other. That is it. Contrary to popular belief, both parties do not need to be in love with each other :)

A2B: Depending on the service centre and consulate involved, it may take 6 to 12 months. My case through Vermont/Montreal took less than 4 months in 2002 for example.

A3: One does not need to leave the US if the enter on a K-1 visa. The beneficiary can apply for AOS as soon as they get married.

Texas_Guy1 said:
1) Is it a whole lot of lawyer work if the wife comes on B2 and then wants to AOS ? Would the issue be that she has over-stayed her visit or its just not allowed to come on B2 and then try to adjust status ?

2a) What are the requirements for K1 ? I was reading they have to have met atleast once or known each other for 2 years. Can you please provide me the specifics ?

2b) Does it take about 6 months to get the K1 fiance visa currently ?

3) The only difference I am aware of between CR1 and K-3 is that the CR1 visa gives the green card to the immigrants as soon as she arrives to the U.S. - which one would you prefer between the two visas ? I also read somewhere that if the wife gets a K-1 fiance visa, she will have to leave the U.S. and then apply for the K-3 spouse after marriage. Is this correct ? Please provide the pro/cons (as far as time and benefits)

Thank you for your help again !
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K3 = more expensive and time consuming due to having to file AOS.

CR1 = cheaper, work authorised upon US entry, no need to go through AOS.

I prefer CR1.
 
You guys answered all my questions. Thank you both so much!

Triple : I wish I could travel 50 countries, now that would be something really cool.
That one line was hilarious : Contrary to popular belief, both parties do not need to be in love with each other :)
 
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