Naturalized US Citizen trying to marry a girl on H1B Visa, who has got recently laid off

K

karagg

Registered Users (C)
Hello,

This is Sathish and need your help with my following situation.
I am a naturalized US citizen and I am thinking of trying to get marry a girl who is a citizen and resident of India.

As a naturalized US Citizen, I heard that there are three options for me to bring the girl to USA: Fiancée Visa Option (K1), Spouse Visa Option (K3) and Green Card.

1. Fiancée visa (K1) Option:
I understand that in this option, based on engagement proof, I can sponsor her Fiancée Visa. Then bring her to US and get married in US. Then sponser her Spouse Visa (K3) and/or Green card simultaneously so that she can reside permanently and work.
Please advice how long it will to get her Fiancée Visa (K1) stamped in the consulate and what would be the proof I need to present it to USCIS (INS) so that they can approve Fiancée Visa (K1) petition
Also how long it will take to get the Spouse Visa approved after our marriage in US, so that she can work and go to India and come back to US.
Also how long it will take to get the Green card approved after our marriage in US, so that she can work, reside permanently in US and go to India and come back to US.
Also please advice if it is ok once we get married in US and get registered our marriage in US, can we go to India and get married in India and register in India also, so that I can respect the sentiments of the people in India.

2. Spouse Visa (K3) Option:
I understand that in this option after marrying the girl in India, I can sponsor Spouse Visa (K3) based on the marriage proof. Then bring her to US based on K3 Visa approval in her passport by the consulate. I also understand that I can sponsor her Green card after coming to US so that she can reside permanently in US.
Please advice how long it will to get her Spouse Visa (K3) stamped in the consulate and what would be the marriage proof I need to present it to USCIS (INS) so that they can approve Spouse Visa (K3) petition.

3. Green Card Option:
I understand that in this option after marrying the girl in US, I can sponser Green card in Indian consulate simultaneously with the Spouse Visa (K3) based on the marriage proof. Then bring her to US based on the Green Card or K3 Visa approval in her passport by the consulate (which ever is earlier).
Please advice how long it will to get her Green Card in the Indian consulate and what would be the marriage proof I need to present it to USCIS (INS) so that they can approve Green card petition prior to her coming to US.
Also please advice if K1 Visa is approved earlier compared to Green Card… is it ok she can visit US on K1 and get the Green Card in US.

Summary:
Please advice what would be the best option among these three options, in order for her to reach US ASAP, so that we can start married life in US ASAP.

Please Help!!!
 
Help Please Naturalized Citizen Trying to marry an Indian girl who is residing in India

Hello,

I need your help with my following situation.

I am a naturalized US citizen and I am thinking of trying to get marry a girl who is a citizen and resident of India.

As a naturalized US Citizen, I heard that there are three options for me to bring the girl to USA: Fiancée Visa Option (K1), Spouse Visa Option (K3) and Green Card.

1. Fiancée visa (K1) Option:
I understand that in this option, based on engagement proof, I can sponsor her Fiancée Visa. Then bring her to US and get married in US. Then sponser her Spouse Visa (K3) and/or Green card simultaneously so that she can reside permanently and work.
Please advice how long it will to get her Fiancée Visa (K1) stamped in the consulate and what would be the proof I need to present it to USCIS (INS) so that they can approve Fiancée Visa (K1) petition
Also how long it will take to get the Spouse Visa approved after our marriage in US, so that she can work and go to India and come back to US.
Also how long it will take to get the Green card approved after our marriage in US, so that she can work, reside permanently in US and go to India and come back to US.
Also please advice if it is ok once we get married in US and get registered our marriage in US, can we go to India and get married in India and register in India also, so that I can respect the sentiments of the people in India.

2. Spouse Visa (K3) Option:
I understand that in this option after marrying the girl in India, I can sponsor Spouse Visa (K3) based on the marriage proof. Then bring her to US based on K3 Visa approval in her passport by the consulate. I also understand that I can sponsor her Green card after coming to US so that she can reside permanently in US.
Please advice how long it will to get her Spouse Visa (K3) stamped in the consulate and what would be the marriage proof I need to present it to USCIS (INS) so that they can approve Spouse Visa (K3) petition.

3. Green Card Option:
I understand that in this option after marrying the girl in US, I can sponser Green card in Indian consulate simultaneously with the Spouse Visa (K3) based on the marriage proof. Then bring her to US based on the Green Card or K3 Visa approval in her passport by the consulate (which ever is earlier).
Please advice how long it will to get her Green Card in the Indian consulate and what would be the marriage proof I need to present it to USCIS (INS) so that they can approve Green card petition prior to her coming to US.
Also please advice if K1 Visa is approved earlier compared to Green Card… is it ok she can visit US on K1 and get the Green Card in US.

Summary:
Please advice what would be the best option among these three options, in order for her to reach US ASAP, so that we can start married life in US ASAP.

Regards!
 
Please help! Naturalized US Citizen Trying to marry an Indian Girl living in India

Hello,

I need your help with my following situation.

I am a naturalized US citizen and I am thinking of trying to get marry a girl who is a citizen and resident of India.

As a naturalized US Citizen, I heard that there are three options for me to bring the girl to USA: Fiancée Visa Option (K1), Spouse Visa Option (K3) and Green Card.

1. Fiancée visa (K1) Option:

I understand that in this option, based on engagement proof, I can sponsor her Fiancée Visa. Then bring her to US and get married in US. Then sponser her Spouse Visa (K3) and/or Green card simultaneously so that she can reside permanently and work.
Please advice how long it will to get her Fiancée Visa (K1) stamped in the consulate and what would be the proof I need to present it to USCIS (INS) so that they can approve Fiancée Visa (K1) petition
Also how long it will take to get the Spouse Visa approved after our marriage in US, so that she can work and go to India and come back to US.
Also how long it will take to get the Green card approved after our marriage in US, so that she can work, reside permanently in US and go to India and come back to US.
Also please advice if it is ok once we get married in US and get registered our marriage in US, can we go to India and get married in India and register in India also, so that I can respect the sentiments of the people in India.

2. Spouse Visa (K3) Option:

I understand that in this option after marrying the girl in India, I can sponsor Spouse Visa (K3) based on the marriage proof. Then bring her to US based on K3 Visa approval in her passport by the consulate. I also understand that I can sponsor her Green card after coming to US so that she can reside permanently in US.
Please advice how long it will to get her Spouse Visa (K3) stamped in the consulate and what would be the marriage proof I need to present it to USCIS (INS) so that they can approve Spouse Visa (K3) petition.

3. Green Card Option:

I understand that in this option after marrying the girl in US, I can sponser Green card in Indian consulate simultaneously with the Spouse Visa (K3) based on the marriage proof. Then bring her to US based on the Green Card or K3 Visa approval in her passport by the consulate (which ever is earlier).
Please advice how long it will to get her Green Card in the Indian consulate and what would be the marriage proof I need to present it to USCIS (INS) so that they can approve Green card petition prior to her coming to US.
Also please advice if K1 Visa is approved earlier compared to Green Card… is it ok she can visit US on K1 and get the Green Card in US.

Summary:

Please advice what would be the best option among these three options, in order for her to reach US ASAP, so that we can start married life in US ASAP.

Regards!
 
Hello,
Appreciate your reply and the links. Nice to know that K1 takes only about around 3 months for processing.

Your answer on K1 Visa (I129F Petition) do sync up with the first hand information I got in India from a person who got the K1 Visa in 3 months.

Could you please let me know where you got the information on the timelines (K1 -- 2 to 4 months, K3 --6 to 9 months)

Since the processing times I am gettting from the egov.uscis.gov seems contradicting...


California Service Centre: (Both K1 and K3 Time Frame – 5 Months)
Nebraska Service Centre: (Both K1 and K3 Time Frame -- June 1 2006)
Texas Service Centre: (Looks like I129F is not being processed in TSC
Vermont Service Centre: (Both K1 and K3 Time Frame -- 5 Months)
National Benefits Centre ( Both K1 and K3 Time Frame -- Sep 15 2007)

Does this mean it is better to get K1 processed in Califorina Service Centre or Vermont Service Centre, as I would like to start the married life ASAP.

Hope you dont take it wrong. I am just trying to picky about the small details as these are needed to plan things with the bride's side...

Regards!
 
Jackolantern said:
The 5 months you saw listed is just for the I-129F at USCIS, and does not include the time after that for the consular formalities. The 2-4 months and 6-9 months estlmates I listed are composites of what I've seen of people's experience on this forum and elsewhere. That includes all the formalities involving the consulate including the interview and passport stamping, which can add another month or more (some consulates are slower than others) to the USCIS internal processing time.
Click to expand...

Thanks for the reply.

Does this mean that
1. End to end processing time for I129F approval + K1 Visa stamping will take anywhere between 5 months + 2 to 4 months + 1 month (adding buffer for the slower consulates) = 8 to 10 months.

2. End to end processing time for I129F approval + K3 Visa stamping will take anywhere between 5 months + 6 to 9 months + 1 month (adding buffer for the slower consulates) = 12 to 15 months.

If this is the case I may consider marrying someone who already has a Visa (F1, L1, H1 etc., ) and living in US.

Regards!
 
Jackolantern said:
No, the figures of 2-4 months and 6-9 months which I stated were already end to end.
Click to expand...

Appreciate your reply. This is great.... not much waiting time considering I129F petition approval by USCIS and getting the Visa stamped by US Consulate in India...

Regards!
 
Hello,

I am a naturalized US citizen talking to a girl (for the marriage purposes) who is in US on an H1 Visa.

We still have not decided on to go head and marry or not but have plans to meet first and then make a decision.

But last week I found out that she got laid off as of Sep 1 2010. Please advice how long is her residency status is valid with out a job.

She also mentioned that her employer did/would not intimate the layoff to USCIS/INS .

She also had a consultant who has agreed to file for the H1 transfer.The process has already started as well and she has informed that it should take anytime between 4 to 6 weeks for the H1 transfer.

If we decide to get married in US... can she continue to stay in US and get her Green card based on my filing. If that is the case at what point would her status change?

Please help!

Thanks!

Hello,

I am a naturalized US citizen talking to a girl (for the marriage purposes) who is in US on an H1 Visa.

We still have not decided on to go head and marry or not but have plans to meet first and then make a decision.

But last week I found out that she got laid off as of Sep 1 2010. Please advice how long is her residency status is valid with out a job.

She also mentioned that her employer did/would not intimate the layoff to USCIS/INS .

She also had a consultant who has agreed to file for the H1 transfer.The process has already started as well and she has informed that it should take anytime between 4 to 6 weeks for the H1 transfer.

If we decide to get married in US... can she continue to stay in US and get her Green card based on my filing. If that is the case at what point would her status change?

Please help!

Thanks!
 
Last edited by a moderator:
Once you get married , file the AOS (I-485) for her and get the receipt #, she is legally allowed to stay in the US without having to work.
She cannot work till she gets her EAD approval (I765) if she decides to terminate her H1-B after you file for her AOS.

As long as the marriage is legit (not just for obtaining GC), she will be fine since there will be no reason for the USCIS to deny her I-485.
Note that, if she terminates her H1-B, and her 485 gets denied, she will be deportable.
 
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