Immigration visa procedure for US citizen to bring his spouse to US

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smart84

Registered Users (C)
Hi All,
I am a US citizen and planning to marry my fiance in this year. She is currently living in India and planning to bring her to US after marriage. I don't know which is the fastest way to bring her to USA after marriage. AFAIK I can bring her to USA on Immigration (Green Card) or K-3 visa. Which is the fastest way to bring her? And are there any other visa which is better than above two options? Can someone share their experiences or suggestion about how to get started with the procedure?

NOTE: Marriage will be held in India so I can file any petition at US consulate in India while I am there.

Thanks in advance!
 
The fiancee visa would be faster than the immigrant visa, but the fiancee visa requires delaying the marriage until she enters the US with the visa.

NOTE: Marriage will be held in India so I can file any petition at US consulate in India while I am there.
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Filing directly with the consulate requires the US citizen sponsor (you) to live there for a certain number of months before you can file it. So unless you plan to spend the required number of months in India, you'll need to file the petition with a USCIS office, and then it will later be forwarded to the towards the end of the process.
 
Jackolantern said:
The fiancee visa would be faster than the immigrant visa, but the fiancee visa requires delaying the marriage until she enters the US with the visa.


Filing directly with the consulate requires the US citizen sponsor (you) to live there for a certain number of months before you can file it. So unless you plan to spend the required number of months in India, you'll need to file the petition with a USCIS office, and then it will later be forwarded to the towards the end of the process.
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thanks for your response. Isn't it true that married spouse can also file for K-3 visa while green card file is in process? Are you saying that I can't file K-3 petition while I am in India if I don't stay there for a certain amount of time? I am not sure if I completely understood what you have said in your response.
 
A USC SPOUSE can file an I-129F for a K-3 AFTER they file the I-130 and get a receipt or approval notice. You are using time waiting to go abroad to get married. Then you have to file the I-130 in the U.S. (USCIS Chicago Lockbox). Then you WAIT for a receipt or approval notice then file the I-129F and WAIT for that to be approved and forwarded to KCC (Kentucky Consular Center) then forwarded to the Consulate and then they contact her to file an application and go through almost as much processing as for the Immigrant Visa. IF she arrives in K-3 status then you have to file the Adjustment Application.

An I-129F for a Fiance K-1 is faster to have her living with you but she will still have to adjust.

The I-130 for Consular Processing will take a little longer but she will arrive as an LPR and get a greencard in the mail within a month of entry.

Prioritize. Are you in a hurry to be living together or in more of a hurry for her to get her LPR status? You two have to decide.

Any of these 3 paths will result in a conditional greencard and will require the I-751 to lift conditions later.
 
smart84 said:
thanks for your response. Isn't it true that married spouse can also file for K-3 visa while green card file is in process? Are you saying that I can't file K-3 petition while I am in India if I don't stay there for a certain amount of time? I am not sure if I completely understood what you have said in your response.
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K-3 is not the fiancee visa, K-1 is the fiancee visa. K-3 takes much longer than K-1.

But in any case, you can't file it directly with the consulate unless you've lived in India for the past 6 months (or whatever length of time the specific consulate requires). However, when in India you can send the application by Fedex/UPS/DHL to a USCIS center in the US.
 
K-3 (spouse visa) took me about 7 months to obtain, in 2007. We were married abroad. My husband filed form I-129 and the I-130 when he got back here. I got a K-3 visa and then adjusted to a conditional greencard once i reached the US. I think its the more expensive route but we didn't use a lawyer and had absolutely no problems.
 
BostonAdGirl said:
K-3 (spouse visa) took me about 7 months to obtain, in 2007. We were married abroad. My husband filed form I-129 and the I-130 when he got back here. I got a K-3 visa and then adjusted to a conditional greencard once i reached the US. I think its the more expensive route but we didn't use a lawyer and had absolutely no problems.
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Thanks for sharing your experience. How long did it take for you to get green card after you entered in USA?

Jackolantern said:
K-3 is not the fiancee visa, K-1 is the fiancee visa. K-3 takes much longer than K-1.

But in any case, you can't file it directly with the consulate unless you've lived in India for the past 6 months (or whatever length of time the specific consulate requires). However, when in India you can send the application by Fedex/UPS/DHL to a USCIS center in the US.
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Thanks for your input. Yes, I know K-3 is not the fiancee visa. As I stated in my original post that I am planning to bring her to USA after marriage. What documents US consulate in India requires to prove that I have lived in India for the past 6 months? I will have to go to US consulate in Delhi.

BigJoe5 said:
A USC SPOUSE can file an I-129F for a K-3 AFTER they file the I-130 and get a receipt or approval notice. You are using time waiting to go abroad to get married. Then you have to file the I-130 in the U.S. (USCIS Chicago Lockbox). Then you WAIT for a receipt or approval notice then file the I-129F and WAIT for that to be approved and forwarded to KCC (Kentucky Consular Center) then forwarded to the Consulate and then they contact her to file an application and go through almost as much processing as for the Immigrant Visa. IF she arrives in K-3 status then you have to file the Adjustment Application.

An I-129F for a Fiance K-1 is faster to have her living with you but she will still have to adjust.

The I-130 for Consular Processing will take a little longer but she will arrive as an LPR and get a greencard in the mail within a month of entry.

Prioritize. Are you in a hurry to be living together or in more of a hurry for her to get her LPR status? You two have to decide.

Any of these 3 paths will result in a conditional greencard and will require the I-751 to lift conditions later.
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Thanks for detailed information. Here's my current plan and priorities. Please share your thoughts about which is the best way to bring her to USA.
1. Planning to marry in India, and my trip to India will be for about 4 to 5 weeks.
2. My priority is to file for her green card as soon as we get married, but at the same time also like to start any other alternative (in my case probably K3 is the alternative) process to bring her quickly to USA.

Can I file for her green card or K3 visa in US consulate in India during my trip to India? If I file for her green card and K3 visa, what will be time duration to complete each steps?

NOTE: I live in North Carolina and will marry in India.
 
You will just have to wait it out no matter which procedure you choose to use. If you did not want to deal with the wait for immigration, you should have married someone already in the US. There are many eligible bachelors/bachelorettes looking for love and commitment in the US of A.
 
smart84 said:
Can I file for her green card or K3 visa in US consulate in India during my trip to India? If I file for her green card and K3 visa, what will be time duration to complete each steps?
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No, you cannot file directly with the consulate in India, unless you first live in India for the required number of months. When physically in India you can send the application to USCIS in the US via Fedex/DHL/UPS. Then they will process it within the US and forward it to the consulate some months later.

Go for the CR1 visa instead of K3. K3 takes almost as long as CR1, and K3 requires the adjustment process after entering the US. Whereas with CR1 she immediately becomes a permanent resident upon admission to the US, and the green card is automatically delivered about 2-4 weeks later.
 
Jackolantern said:
No, you cannot file directly with the consulate in India, unless you first live in India for the required number of months. When physically in India you can send the application to USCIS in the US via Fedex/DHL/UPS. Then they will process it within the US and forward it to the consulate some months later.

Go for the CR1 visa instead of K3. K3 takes almost as long as CR1, and K3 requires the adjustment process after entering the US. Whereas with CR1 she immediately becomes a permanent resident upon admission to the US, and the green card is automatically delivered about 2-4 weeks later.
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Thanks again for the info! I believe you are referring green card file as CR1, is that correct? Currently how many months of processing it takes to get green card sponsored by US spouse and how many months does it take for K3 visa applicant to enter to USA?
 
Immigrant Visa Codes--Spouse of a USC

Immigration through consular processing vs. adjustment of status (AOS) from inside the U.S.

The process begins the same for everyone. Establish the relationship. In your case by marriage.

The I-130 is filed to get a decision on the proof submitted to establish the relationship and secure a processing priority and immigration category classification. The spouse of a USC is among the IR (Immediate Relative) classifications.

The Immigrant Visa code for the spouse is IR-1 IF the marriage has already lasted a full 2 years upon entry to the U.S. with that visa. The greencard would be issued showing IR-1.

AOS for a spouse is IR-6 for the over 2 years spouse on the date of approval of the AOS application (I-485).

When the marriage has lasted under 2 years (even by just one day) upon either the date of entry or date of AOS, the alien spouse is given "conditional" status with a code of either CR-1 or CR-6 on the greencard.

There are further codes that apply to other situations.

A fiance enters as a K-1 and after AOS is issued a card with the code CF-1 and after conditions are lifted it becomes IF-1.

There are other variations that do nor apply here.
 
Trying to bing my wife to the US

Hi all.
I got married 4 months ago and Im trying to bring my wife over to the US.
I've applied for the I130 and just got a receipt today.
I would like to know about how long can it take for the I130 to be approved.
Also,how long can it take for her to be able to enter the US.
Also,can someone please give me step to step what I should expect untill her interview day.
She outside the US. Finally,what is the quickest procedure to follow for her to get here.Thanks.
 
more than 3 years married but not never live in US

Hello,

WE have been married for more than 3 years now. We married in UAE and lives outside the US within that time. Now, we have decided to live in US. My husband is a US citizen and I have a multiple visa in US as a tourist and its valid for 10 years. I entered US using this visa then my husband started applying for my GC.

Now, are they going to issue me a conditional greencard or other types of greencard since we were married more than 3 years now?

Hope to hear reply as soonest.

TY
 
Trying to bring my wife to the US

Hi all.
I got married 4 months ago and Im trying to bring my wife over to the US.
I've applied for the I130 and just got a receipt today.
I would like to know about how long can it take for the I130 to be approved.
Also,how long can it take for her to be able to enter the US.
Also,can someone please give me step to step what I should expect untill her interview day.
She outside the US. Finally,what is the quickest procedure to follow for her to get here.Thanks.
Please update me on what to do next.Thanks.
 
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