Marriage after applying N400

L

leo_gemini

Registered Users (C)
I submitted my N400 couple of months back and I am done with finger printing.
It is Washington DC DO and things are pretty slow, expecting the Interview in Dec 07 / Jan 08 (being positive) .

I am getting married this August. My fiance is an IT professional and we were expecting that she would come on H1b. But unfortunately, her case was denied in the Lottery.

Here are my questions

1) Should I have to update my marital status to USCIS immediately, or wait till the Interview, and let the IO know about it at that time.

2) Should I apply for I130 with my GC status once I return back from my marriage.

3) What kind of Visa should I apply to get my life partner to enter USA. If my citizenship goes through, do I still have to apply I130 and I485.

4) Or, should I postpone the marriage till I get my citizenship. If I do that, how soon can my fiance join me after I get my citizenship? Any ballpark figure? What will be the procedure, that I have to follow to get my fiance (is that k3 visa, and how long does it take to get one).

5) If I get married after my citizenship, will my partner be able to enter USA immediately?

Thanks
 
1) If you marry, you need to let them know at interview time
2) Wait until you get citizenship to file I-130 and I-129F
3) K-3 visa is faster if you are married or K-1 visa if you plan to marry her in the U.S. As part of K-3 visa, you will file I-130, then you can continue I-485
4) Better postpone until you get citizenship. It can take 6-9 months for her to land here after filing I-130
5) No. She has to get K-3 visa stamped at outside U.S consulate
 
Thanks for the response.

CTN400 said:
4) Better postpone until you get citizenship. It can take 6-9 months for her to land here after filing I-130
Click to expand...

Why postpone the marriage till citizenship? Does this mean K1 is faster than K3? Or, K3 has more background checks/procedures than K1?

After your response, I was reading about K1 and K3. For these visas, we need Receipts of I130 (not necessary it has to be approved). But again, the 6-9 months that you have mentioned is for getting the K1 or K3 (can we call them I129F), right?

Thanks!
 
leo_gemini said:
Thanks for the response.



Why postpone the marriage till citizenship? Does this mean K1 is faster than K3? Or, K3 has more background checks/procedures than K1?

After your response, I was reading about K1 and K3. For these visas, we need Receipts of I130 (not necessary it has to be approved). But again, the 6-9 months that you have mentioned is for getting the K1 or K3 (can we call them I129F), right?

Thanks!
Click to expand...

You can marry even before citizenship. But apply your spouse's visa papers after citizenship. K1 is slightly faster than K-3 because you don't need to file I-130 in K-1. 6-9 months is to approve I-129F and to complete consulate processing to get it stamped.

Read this link http://www.immihelp.com/visas/kvisa
 
CTN400, Another quick question?

Is it ok, if my fiance applies for F1 visa, or if her company applies L Visa. Will that be considered as "intent to immigration" and be denied? I heard one cannot apply for Tourist Visa in my case.

Thanks
 
leo_gemini said:
CTN400, Another quick question?

Is it ok, if my fiance applies for F1 visa, or if her company applies L Visa. Will that be considered as "intent to immigration" and be denied? I heard one cannot apply for Tourist Visa in my case.

Thanks
Click to expand...

H1B or L1 visa would be ok since she is also in IT field, but B1/B2 or F1 is not recommended. Also, if your spouse applies for work visas like H1B or L1, do not mention your details and later state that you met him/her in the U.S.
 
Can you provide me with details why B1 and F1 are not recommended, and not to disclose details in L1/L2. Are there any reading materials or informational websites on these topics.

Thanks! CTN400. Appreciate your responses.
 
Some immigration statuses/visas are for people with "temporary" intent, others are for people with "permanent" intent and others can go either way.

For example, a TN (a temporary work status for Canadians) requires temporary intent. If you do something that shows that you are intending to settle in the US, and then you apply for a TN, it will likely be denied since your permanent intent disqualifies you. H1Bs are "dual intent", so that's why they are OK
 
You must log in or register to reply here.
Top