B1 to spouse visa

K

klaas

Registered Users (C)
I am a US citizen and am getting married in Dec to a girl from India in India. she has a 10 year multiple entry visitor visa and is still valid for the next 4 years.

What is the best way to get her permanent residency.
should we apply for a Fiancee visa now and then get married in India in December. what are the chances that the visa will get approved by december. What happens if it does not get approved by december

Should she enter US on her visitor visa and then get married here and apply for her green card. How long does this take and is there any problems related to that.
One concern is she wants to be able to travel after she comes here. How long does it take to get the advance parole after we apply for the spouse visa.

Please advise what is the best option

Thanks!
 
I would either recommend you apply for the K1 visa and then get married here or get married in India and apply for a K3 visa for her.

The K1 is the most straight forward. You submit an I-129F and then once it's approved, she'd be scheduled for the visa interview. Processing times vary depending on the Service Center you file the petition with and the Consulate your fiancee's interview is at.

If you decide to marry in India, then you'll have to file an I-130 and an I129F to get a K3 visa. I don't know if she can come to the US on her tourist visa in the interim while she waits for her K3 interview in India. Perhaps someone else can answer this? I do know that t's not legal to come here on a tourist visa with the intent to marry. It can cause problems later on in the immigration process.

The advantage of the K3 over the K1 is that she can travel on it without having to apply for Advance Parole which she'd need to do if she comes here on a K1 and wants to travel.

My understanding is that it normally takes about two to three months to get AP after you apply for it.

Best of luck!
 
should we apply for a Fiancee visa now and then get married in India in December. what are the chances that the visa will get approved by december. What happens if it does not get approved by december

You can't apply for a fiance visa and get married overseas, the fiance visa is to get married in the US. If you get married oustide she won't be longer your fiance is your spouse, so then you will have to apply as your spouse.The times depends on your DO and the India consulate that is in her jurisdiction. Probably if you apply by now and check your dates can be close or after Dec and you can work it out.

Should she enter US on her visitor visa and then get married here and apply for her green card. How long does this take and is there any problems related to that.

A person who came with the "intention" to get marry is consider that is trying to avoid the immigration laws. If she has been coming back and forth so immigration can see that she normally returns and then she come and pass a period of time and you got marry you can adjust her status over here. The risk is to proof that she wasn't coming with the intention to getting married and many people do that without any problem. There are other cases that you should check it out and I found in other forums that the immigration officer at the port of entry even put in their visa a stamp stating "not work, not adjust of status" I was surprise about it but apparently if they suspect something then things can get pretty ugly. There are many many people in that same situation and didn't have any trouble, but because they didn't planned it.

One concern is she wants to be able to travel after she comes here. How long does it take to get the advance parole after we apply for the spouse visa.

If you decide to file a fiancee visa (K1), lt is my understanding that she won't be able to travel because is known her intent to live in the US so is better to wait until her visa is approved. She has to get a medical exam and a interview at the Consulate and you must get married within 90 days and with you of course. The advantage is that as she arrives (while planning the wedding and get all excited!) she can apply for a SSN and has authorization to work faster than the others visas.

If you decide to marry in India, then you can apply for K-3 as your spouse and you have to wait for the approval.

The AP is good as far if she doesn't overstayed her visa, anyway is good to know that the USCIS doesn't guarantee her re-entry is up to the immigration officer at the port of entry. But many people at this forum didn't had any trouble at the re-entry.

Many of the things depends on how faster goes the processing times in your DO. (you don't choose the DO).

Please advise what is the best option
It is really your call! Good luck! Check the www.uscis.gov They have the procedures and forms. :)

Thanks![/QUOTE
 
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