K1/ K3 Visa for Indians - Please Help - Thanks.

[padaiyappa]

Hello -

I became a US citizen a year ago and am considering different options to bring my fiance'/spouse when I get engaged/married. I have read abt K1 and K3 visa. It appears that K1 takes 6-8 months and I have an option to apply for that before I get married.

1. Is K1 visa preferred for Indians? Are there any reason not to pursue it? If I pursue - I am thinking of having a religious wedding in Jan/ Feb but proceed to apply for K1 in September. This would mean that my fiance would get an interview in April(?) Am I right?

2. If my fiance already has B1 visa that she got a couple of years ago- If we have the religious wedding in Jan/Feb, can she come on B1/B2 to the US and stay here w/ me for 2-3 months ferom Feb-April and then go back to India when she has an interview in April. Is that possible? I can then register our wedding here in US after she gets K1 in May time frame and then apply for AOS/ EAD. Am I right?

3. If my fiance gets an L1 thro' their company in Jan/ Feb time frame, can she come on L1 to the US? If that is the case - I am planning on registering the religious wedding in India and convert that into a civil wedding in India. In that case, we would be lawfully wedded and can I directly apply for AOS/ EAD as a spouse when she is in the US on L1?

Please clarify and help me understand so that I can make a decision soon. Are there folks here on the forum who have gone thro' something similar to this and have they had the experience? I would assume that US citizens (Indian origin) who have gone thro' arranged marriage/ pseudo arranged marriage would have experienced something like this. Thanks a lot.

 

[elcupacabras]

1) Be careful with a religious wedding. If USCIS have their suspicions that this could possibly be interpreted as a legal wedding, then the K1 would be denied and you will be told that the K3 is the best option. If you look on www.visajourney.com you will see cases where this HAS happened. So, to be safe, I would advise for your ONLY wedding to be the legal one AFTER your fiance has arrived in the states with the K1 visa. Going by the current timescales for K1 periods, then a september application and an april interview seems very realistic (this was the EXACT timeframe for my K1).

2) Yes- if your fiance has a B2 visa then they can come and visit you during the process. There is no problem with that. Just make sure that your fiance brings plenty of proof of ties to their home country. Once again.....be careful of any religious wedding.....dont provide any pictures of this event in your application/interview. Once your fiance goes back to India for the interview and returns to the States, you must have your LEGAL wedding in the USA and the marriage certificate must be used in your AOS application.

3) I do believe that L1 is a duel intent visa therefore you can AOS directly in the US without having to apply for K1/K3.

There is absolutely no reason not to pursue the K1 if you are Indian. That makes no difference..infact no different than a British person (like me) getting a K1 to marry my American born US citizen. The only requirements for K1 is:
1) The petitioner is a US citizen (which you are).
2) You are both free to marry.
3) You have met each other within the past 2 years.

Good luck.

 

[Triple Citizen]

Yes, L-1 visas are dual intent. However in such a scenario it is best to spend at least 90 days in the original status before applying for AOS.

3) I do believe that L1 is a duel intent visa therefore you can AOS directly in the US without having to apply for K1/K3.

 

[carxtal]

It appears that one needs a recent (less than 30 day old) picture of the 2 people for a K1 visa application. Is that true? The last time I saw my girlfriend was in May of this year. Is the picture we took too old? We've decided to get married, but it appears that it would take a long time before she can get her after we're married.

 

[Triple Citizen]

No it is not true. The only conditions are that both sponsor and beneficiary should be free to marry and that both parties have met in the last 1 year. There is a waiver available for the second condition however.

It appears that one needs a recent (less than 30 day old) picture of the 2 people for a K1 visa application. Is that true?