How do I bring my future family into the US

Maverick70

New Member
Geeting married and my fiancee is Colombian. she has a vaild US visa as well as her daughter. How ever her second child has duel citizenship, Colombian and british. What do I need to do to get them here? Can he enter as a british citizen and then re-adjust to that of legal permanant resident or...need advice. Can anyone guide me in the right direction?
 
Comprehensive guide on K1 visa is at http://www.immihelp.com/visas/kvisa/

Interesting guide...it can be a little misleading though when it comes to the wording for K3 and immigrant visas - it makes it seem as though you can only apply for these visas if you get married outside the US, though this is obviously false as the requirement is that the petitioner and beneficiary are actually married and not where the actual marriage took place.
 
Interesting guide...it can be a little misleading though when it comes to the wording for K3 and immigrant visas - it makes it seem as though you can only apply for these visas if you get married outside the US, though this is obviously false as the requirement is that the petitioner and beneficiary are actually married and not where the actual marriage took place.

Even though it may be technically true, what you are saying is not practical in most cases. If the person is already here in the U.S. (that is, the marriage took place in the U.S.), there is no reason for K3.

Are you saying that the person came to the U.S., got married, then went back only to wait for K3 to come back? Not practical, even though it has a remote possibility.

Therefore, it is not misleading.
 
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Even though it may be technically true,

It's not technically true at all. It is completely and utterly false to state that the marriage is to take place outside the US in order to be K3/CR1/IR1 eligible

what you are saying is not practical in most cases. If the person is already here in the U.S. (that is, the marriage took place in the U.S.), there is no reason for K3

Not practical to whom??? Those who need to return home due to work commitments? Those who can't immigrant immediately due to family issues (sick parents/minor children)? Those who still have property they need to sell? What is 'not practical' to you, is completely practical to others.
Also bare in mind that what may 'not be practical' for some people may however be visa fraud. It is fraudulent to enter the US on the VWP or a B1/2 tourist visa with the intention to marry and undergo AOS. It is completely fine to enter the US with the intention to marry provided that the visitor returns home to their own country before their I-94/W expires to pursue the appropriate visa which allows AOS under those circumstances. And those couples who 'absolutely must' marry right now while in the US, but then need to return home due to jobs/children/selling property etc- so what other visa do you expect them to return on?

Are you saying that the person came to the U.S., got married, then went back only to wait for K3 to come back?

Yes- those who respect immigration laws do this exact thing.
Those that have immediate obligations in their home country do this exact thing.

Not practical, even though it has a remote possibility.

What has a remote possibility?
1- That K3s are obtained from US consulates in foreign lands following a marriage that took place in the US???...(this is not remote and happens quite often- some couples who might have gone the K1 route might actually ditch this idea, do a quickie marriage, then file for an IR1 due to its immense benefits over the K1, go home and then re-enter the US with IR1 just as they would have done with a K1- this was something we considered and only went against it due to the initial upfront costs with the K1 being cheaper ).
2- That people actually go this route???... (as stated previously, those who respect immigration laws go those route and you will find that this is not remote)

Therefore, it is not misleading.

To state that the only way a K3/IR1/CR1 visa is available to those who married outside the US IS misleading when infact you can get married in the US. Im not picking a fight with you, Im just 'thinking out loud' that the wording needs to be changed, thats all. It should read 'marriage has taken place before visa application in or outside the US'. While 'I' know, those who are new to spousal/fiance visa applications and come across this site and be completely perplexed about what visa they have to apply for. Imagine you visited the US, got married to your love on the spur of the moment and then had to return home due to work/family obligations etc....imagine then you realize that you 'can't just move to the US' and that you do instead need a visa........imagine then you go to that website, given your circumstances and read the 'marriage place' guidelines.....according to that website, the only option you have is the K1....but you are married, not engaged....so whooops....what do you do now???? See why I classed it as misleading? Thats why the wording needs to be changed so those completely clueless to immigration arent left with minor heart failure due to incorrect information.
 
It is not my web site and I am not knowledgeable enough to agree with or dispute the detailed information you have provided here. It is sounds like you are quite knowledgeable in this fiance visa area. It may be a good idea to send the suggestions directly to that web site. May be you can help them improve their content and that will in turn help everyone else.
 
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