US Citizen living in India to marry Indian citizen- K1 or K3?

rohansp

New Member
Hi,

I'm a naturalised US citizen living in India since 2004. Now that my education is finished, I would like to return to the US with my would-be wife. She is an Indian citizen, never traveled out of India.

I am wondering what would be the best way to go about getting married and getting her to the US. I am familiar with the K-1 and K-3 visas, but even these imply a 6-9+ months period where she would have to remain in India.

So, ultimately,
1. Which would be the better option K-1 (fiancee visa + get married in US) or K-3 (get married in India + spouse visa)?
2. Would having a tourist visa in hand before applying help? (i.e. would it allow us to spend more time together in the states)
3. Can I complete the entire procedure of applying from India, and go there once she gets the visa? (I have relatives in the US that can assist with the mailing of documents to the processing center etc)

Much appreciated!

Thanks.
 
Hi there is a way to bring your spouse into the u.s without having to wait for the k1/k3 process.
If you get married in india and its all legal you can bring your spouse into the u.s on a tourist visa then once in the u.s you can file the 1-130 petition immmediately and adjust the status of your spouse.
what this does is automatically cancels your tourist visa expiration date as it is no longer required.
As long as you enter the u.s legally (tourist visa..) you are lawful to apply for the 1-130 petition and adjust status because your married.
If you try to do the same process to get married in the u.s without a k-1 then you can fall into that category of lawfully entering the u.s with the INTENTION of getting married and staying in the u.s without applying for a k-1 visa.
and shit goes down hill from there.

if you dont believe me ask the uscis there more than happy to tell you.

good luck
 
Hi,

Apply for K1 Visa, once the Visa is approved, she can File For Adjustment of status.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice.


Hi,

I'm a naturalised US citizen living in India since 2004. Now that my education is finished, I would like to return to the US with my would-be wife. She is an Indian citizen, never traveled out of India.

I am wondering what would be the best way to go about getting married and getting her to the US. I am familiar with the K-1 and K-3 visas, but even these imply a 6-9+ months period where she would have to remain in India.

So, ultimately,
1. Which would be the better option K-1 (fiancee visa + get married in US) or K-3 (get married in India + spouse visa)?
2. Would having a tourist visa in hand before applying help? (i.e. would it allow us to spend more time together in the states)
3. Can I complete the entire procedure of applying from India, and go there once she gets the visa? (I have relatives in the US that can assist with the mailing of documents to the processing center etc)

Much appreciated!

Thanks.
 
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