Fiance or Green Card

A

amitinredmond

Registered Users (C)
I'm a US citizen and my fiance is in India. I have an option to go back, have a quick court wedding, and apply for her green card OR apply for her k1 visa now and marry her once she gets into the US.

I've read varied cases/responses - pardon me if I didn't do a good job reading this forum. But could you please advise - which of the two k1 or applying for green card would get her into the US earlier?

Many Thanks.
 
The K1 fiance visa will get her here quicker as you can apply for that NOW (provided you are both free to marry).
The CR1 visa (which is what I am assuming you mean when you say 'Green Card') is the overall better visa, though you cannot apply for that until you are both legally married and have the certificate in hand (thus length is added to this route, and the length on time depends on how quickly you marry and get the certificate).

So if its speed youre after, get on with the K1 now.
 
K1 or K3

Hi all,
My situation is pretty similar to that of amitinredmond.

I would like to get my fiance to US asap. I note from visajourney that processing time for K1 is 180~190 days

Processing time for K3 is 320~340 days

Experts,
1) Do you suggest K1 if the objective is to get fiance into USA asap?
2) Would it be possible to get my fiance into USA on a tourist visa and then file the K1 visa while in USA? Is that considered illegal/invalid?

Thanks in advance for your advice
 
A1: Yes
A2: A US citizen can file a K-1 petition for his/her fiance'/fiancee' while the finace'/finacee' is in the US, but the K-1 visa is only issues at a US consulate abroad.


nsvr said:
1) Do you suggest K1 if the objective is to get fiance into USA asap?
2) Would it be possible to get my fiance into USA on a tourist visa and then file the K1 visa while in USA? Is that considered illegal/invalid?
Click to expand...
 
Marriage and Tourist Visa

Triple citizen,
Thank you for taking the time to respond to my queries on both the email threads

Is the following approach considered appropriate?
1) Fiance applies for a tourist/conference visa --- Obtains the visa
2) I go to India a month later, marry my fiance
3) Spouse boards the flight to USA on the tourist visa filed a month earlier
4) Once back in USA, I file the I-130 and I-129F based on the marriage that took place in India while the spouse continues to live in USA on tourist visa for 6 months. After 6 months, I could file for extesion or the spouse can return to India and come back later

If tourist visa is considered inappropriate, then I could explore F-1 or J-1 visa. But, repeat the above steps to minimize the separation time.

Thanks again in advance you fo time
 
DS-156 and I-94

Triple citizen,
Since DS-156 is submitted for tourist visa a month before marriage, one could argue that there was no contact with the fiance/fiancee at the time of filing the visa

But at the port of entry while filing for I-94, I guess my name should be mentioned since marriage took place between the visa application time and boading the fight to USA

Thanks
 
Throughout this thread you have called her your fiancee'. The relationship exists. Why does the relationship momentarily disappear when she files the DS-156? You are simply looking for shortcuts and to exploit possible loopholes. Do what you deem fit, I will not encourage or bless it. Sorry. I came to the US on a K-1. I thoroughly appreciate this visa category and pursued it the proper way, including the separation period. Best of luck!!!


nsvr said:
Since DS-156 is submitted for tourist visa a month before marriage, one could argue that there was no contact with the fiance/fiancee at the time of filing the visa
Click to expand...
 
As long as no one complaints or prove your engagement happened before application date, it should be ok, otherwise will have consequences.
 
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