K3

clonejo

New Member
Hello there. Couple of questions: what's best for me (us citizen in texas) and girlfriend (mexican citizen), k1 or k3 or else? The criteria being that we want to be together as much as possible after we get married next month in mexico and want as speedy a process as possible. Thanks in advance.
 
Since you are going to be married next month, then the K1 visa is not a possibility (this is a fiance and you must be un-married in order to enter the US on this visa).

The best visa then if youre going to be married is the immigrant visa. This takes approx 10-12 months to get approved once it has been filed after your marriage. Does your girlfriend have a visitors visa that she can use to visit you during the process/any other visa that allows her entry/stay in the US (ie student/employment visa etc? If not, then your then wife will have to wait in Mexico until the visa is approved (there will be an interview at the American embassy in Mexico in order to get the visa). Once she has the visa in hand, as soon as she enters the US with the visa she will automatically become a permanent resident.
 
Thanks for your reply. I should have also mentioned that the we can wait to get married, thereby giving the K1 visa a chance. And yes, she can get a tourist visa. She's already been here before.
 
Well in that case, a K1 might be the better option as it takes on average 8-10 months to get (therefore quicker than a spousal visa), and it has the added bonus that you can apply for it now (so long as you meet the requirements- ie, both are free to marry and you have both met in person at least once in the past 2 years).
 
Of course...though you do have to be prepared for the possibility of her being refused entry (the only people guaranteed entry are US citizens....even non USCs with visas and green cards can still be refused). Therefore in order to reduce the possibility of this happening she would need to make sure she has and arm full of ties back to her home country to prove that she is going to return (ie, a letter from an employer stating when she is due back at work, mortgage papers, rental/lease agreements etc...though this should never be volunteered and only shown should the officer at the POE asks for it). She may also have a strike against her as having a K1 in the works shows future immigrant intent, therefore she should have strong ties back to Mexico. Though at the end of the day, it will be entirely up to the POE officer that inspects her attempted entry to the US......many people have been able to visit their fiances with no problems while others have been denied and sent back home.
 
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