 US Citizen marrying Citizen of India - K1 or K3 visa? |
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VisaJourney.com > Family & Marriage Based Immigration (K1, K3, IR1, etc) to the USA > K-3 Spouse Visa Process & Procedures  |
 Nov 4 2009, 08:49 PM
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#1
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Newbie  Group: Members Joined: 2-November 09 Filed for: N/A N/A  My Timeline
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Hello All,
I am new to this forum and interested to know about the visa procedure of K3. I am a US Citizen soon to have a wedding early of next year. Can someone please let me know who have been through the K3 visa process or K1 visa process and got their spouse/fiance to USA. From the time of petitioning the visa and time taken for the better half to receive the visa/gc to come to USA. I am interested to know the visa process, which forms, which are the necessary required documents for filing. Do I have to be with the spouse at the time of visa interview at the foreign consulate or not required? what is the time taken for the spouse to obtain the visa since the time I petition? Appreciate any response and thank you in advance. Thank You, Tanvee |
 
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Nov 4 2009, 08:59 PM
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#2
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Perviz&Sara  Group: Members Joined: 4-October 07 From: oregon Filed for: K-1 California Service Center Country: India 
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QUOTE (tanvee @ Nov 4 2009, 06:49 PM)  Hello All, I am new to this forum and interested to know about the visa procedure of K3. I am a US Citizen soon to have a wedding early of next year. Can someone please let me know who have been through the K3 visa process or K1 visa process and got their spouse/fiance to USA. From the time of petitioning the visa and time taken for the better half to receive the visa/gc to come to USA. I am interested to know the visa process, which forms, which are the necessary required documents for filing. Do I have to be with the spouse at the time of visa interview at the foreign consulate or not required? what is the time taken for the spouse to obtain the visa since the time I petition? Appreciate any response and thank you in advance. Thank You, Tanvee Perviz is not here yet and my time line is one of the longer ones........but i would never do k3................k-1 or direct filing from india if u can afford to spend that much time there or getting married and coming back and filing married visa is ok but the k-3 has out lived its use.......k1 is pretty fast now days but if do direct filing or file from the states after getting married its cheaper than going the k-1 or k-3 takes a little longer to get but u dont have to deal with aos after he gets here just my opinion sara -------------------- INTERVIEW appointment NOV 19th 2009 9:00 A.M. last two years waiting was like 20 ...............many thanks to my vj family for all the support you have given us   |
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Nov 4 2009, 09:18 PM
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#3
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 Senior Member Group: Members Joined: 25-February 07 From: Tucson AZ/ London UK Filed for: N/A N/A Country: United Kingdom 
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If you get married first, you can't file for a K1 because it's for fiance/ees and you get married in the US once the visa is granted.
CR1 is the better option taking all things into consideration, as it's cheaper and as Sara said, you don't need to apply for an adjustment of status (AOS) after they have arrived in the US. Direct Consular Filing (DCF) is only possible if you are resident in India (or anywhere except the US) and you have met the minimum residency requirements. I think it's 6 months, but it might differ between countries. The K3 was introduced as a visa when CR1s were taking a very long time to process. This has greatly improved in recent times, so as the PP said, is now almost defunct as a visa. K3 and CR1 take roughly the same amount of time these days.. -------------------- I'm the chick in the pic *nods and points up to the left of her post*
We're waiting for my divorce to be finalised before applying for a K1. He's the USC, I'll be the Beneficiary along with my daughter. It's been a process so long in the coming, but hopeful that we'll be able to file in January 2010. Divorce Timeline (lol): Filed Petition: 23 Oct 09 Check cashed: 29 Oct 09 Copy sent: 06 Nov09 Respondent rec'd: 10 Nov 09 Acknowledgement rtnd: 19 Nov 09 - silly fool mailed it to me! lol.. Affidavit submitted: Decree Nisi granted: Decree Nisi expires: Decree Absolute granted: K1 petition filed: |
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Nov 4 2009, 09:29 PM
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#4
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 Platinum Member Group: Members Joined: 13-May 09 From: Canada Filed for: AOS (pending) California Service Center Local Office: Omaha, NE Country: Canada 
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If you are getting married I agree, CR-1. If you are not going to get married and wait to get married in the US, then go K-1.
Forget about the K3. -------------------- 10-01-2009 : Sent AOS to Chicago
10-04-2009 : AOS picked up by USCIS 10-09-2009 : NOA1 Issued 10-13-2009 : Check Cashed MSC number 10-13-2009 : NOA1 Hard Copy 10-21-2009 : Biometric Notice 10-23-2009 : Case Transfered to CSC 11-04-2009 : Biometric Appointment - Done! Touch 11/05/2009 ----- Waiting - Touch 11/06/2009 -   Your I-129f was approved in 5 days from your NOA1 date. Your interview took 67 days from your I-129F NOA1 date. |
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Nov 4 2009, 11:11 PM
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#5
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Newbie Group: Members Joined: 2-November 09 Filed for: N/A N/A My Timeline
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QUOTE (Inky @ Nov 4 2009, 09:29 PM) If you are getting married I agree, CR-1. If you are not going to get married and wait to get married in the US, then go K-1. Forget about the K3. Thanks for the quick response. So how much time does it take for the K-1 visa from the time that I apply for him to get the visa and come to usa. On what visa will he be coming to US? After I apply for adjustment of status, can i apply for his GC immediately or do i have to wait? I am trying to understand the process. Please let met know. Appreciate response. Thanks Tanvee |
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Nov 4 2009, 11:18 PM
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#6
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Perviz&Sara Group: Members Joined: 4-October 07 From: oregon Filed for: K-1 California Service Center Country: India
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QUOTE (tanvee @ Nov 4 2009, 09:11 PM) QUOTE (Inky @ Nov 4 2009, 09:29 PM) If you are getting married I agree, CR-1. If you are not going to get married and wait to get married in the US, then go K-1. Forget about the K3. Thanks for the quick response. So how much time does it take for the K-1 visa from the time that I apply for him to get the visa and come to usa. On what visa will he be coming to US? After I apply for adjustment of status, can i apply for his GC immediately or do i have to wait? I am trying to understand the process. Please let met know. Appreciate response. Thanks Tanvee they say five to six months to receive noa2 (notice of action two) but honestly i have seen people getting thru the process a lot faster lately.....if u do k1 then he is coming on fiance visa........after u get married u apply for aos.......after that is approved he will receive his conditional green card and work permit im not sure how long it takes to receive it after applying for the aos but im told about three months sara -------------------- INTERVIEW appointment NOV 19th 2009 9:00 A.M. last two years waiting was like 20 ...............many thanks to my vj family for all the support you have given us |
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Nov 4 2009, 11:20 PM
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#7
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Newbie Group: Members Joined: 2-November 09 Filed for: N/A N/A My Timeline
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QUOTE (estadia @ Nov 4 2009, 08:59 PM) QUOTE (tanvee @ Nov 4 2009, 06:49 PM) Hello All, I am new to this forum and interested to know about the visa procedure of K3. I am a US Citizen soon to have a wedding early of next year. Can someone please let me know who have been through the K3 visa process or K1 visa process and got their spouse/fiance to USA. From the time of petitioning the visa and time taken for the better half to receive the visa/gc to come to USA. I am interested to know the visa process, which forms, which are the necessary required documents for filing. Do I have to be with the spouse at the time of visa interview at the foreign consulate or not required? what is the time taken for the spouse to obtain the visa since the time I petition? Appreciate any response and thank you in advance. Thank You, Tanvee Perviz is not here yet and my time line is one of the longer ones........but i would never do k3................k-1 or direct filing from india if u can afford to spend that much time there or getting married and coming back and filing married visa is ok but the k-3 has out lived its use.......k1 is pretty fast now days but if do direct filing or file from the states after getting married its cheaper than going the k-1 or k-3 takes a little longer to get but u dont have to deal with aos after he gets here just my opinion sara Thanks Sara for the reply. So is it K3 visa that you had applied for Perviz to join you in usa or k1 visa? the person whom i will be getting married to never been to usa. So making sure the quicker process for us to be together. Please let me know. Any information that you provide is helpful for me. He is in Delhi currently. I am currently in India and will return back to usa soon this weekend. Please advise. |
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Nov 4 2009, 11:30 PM
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#8
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Perviz&Sara Group: Members Joined: 4-October 07 From: oregon Filed for: K-1 California Service Center Country: India
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QUOTE (tanvee @ Nov 4 2009, 09:20 PM) QUOTE (estadia @ Nov 4 2009, 08:59 PM) QUOTE (tanvee @ Nov 4 2009, 06:49 PM) Hello All, I am new to this forum and interested to know about the visa procedure of K3. I am a US Citizen soon to have a wedding early of next year. Can someone please let me know who have been through the K3 visa process or K1 visa process and got their spouse/fiance to USA. From the time of petitioning the visa and time taken for the better half to receive the visa/gc to come to USA. I am interested to know the visa process, which forms, which are the necessary required documents for filing. Do I have to be with the spouse at the time of visa interview at the foreign consulate or not required? what is the time taken for the spouse to obtain the visa since the time I petition? Appreciate any response and thank you in advance. Thank You, Tanvee Perviz is not here yet and my time line is one of the longer ones........but i would never do k3................k-1 or direct filing from india if u can afford to spend that much time there or getting married and coming back and filing married visa is ok but the k-3 has out lived its use.......k1 is pretty fast now days but if do direct filing or file from the states after getting married its cheaper than going the k-1 or k-3 takes a little longer to get but u dont have to deal with aos after he gets here just my opinion sara Thanks Sara for the reply. So is it K3 visa that you had applied for Perviz to join you in usa or k1 visa? the person whom i will be getting married to never been to usa. So making sure the quicker process for us to be together. Please let me know. Any information that you provide is helpful for me. He is in Delhi currently. I am currently in India and will return back to usa soon this weekend. Please advise. honestly i can not tell u what is best for u but i will say that k3 is almost useless.......i have applied for k1 for perviz he also has never been in the usa.......also i want to say that none of us can ever be sure how long the process will take.....perviz and i where one of the unlucky couples that got caught up in an extremely long security check by csc we still do not know why but it does happen sara -------------------- INTERVIEW appointment NOV 19th 2009 9:00 A.M. last two years waiting was like 20 ...............many thanks to my vj family for all the support you have given us |
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Nov 5 2009, 12:09 PM
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#9
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 Diamond Member  Group: Members Joined: 29-April 07 From: Illinois Filed for: AOS (approved) California Service Center Local Office: Chicago Country: Philippines 
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QUOTE (tanvee @ Nov 4 2009, 10:11 PM) QUOTE (Inky @ Nov 4 2009, 09:29 PM) If you are getting married I agree, CR-1. If you are not going to get married and wait to get married in the US, then go K-1. Forget about the K3. Thanks for the quick response. So how much time does it take for the K-1 visa from the time that I apply for him to get the visa and come to usa. On what visa will he be coming to US? After I apply for adjustment of status, can i apply for his GC immediately or do i have to wait? I am trying to understand the process. Please let met know. Appreciate response. Thanks Tanvee The time lines given are if the sponsor is a US Citizen. If you have not applied for Adjustment of Status yet then you are not even a Legal Permanent Resident. If you are not a LPR then applying for a visa becomes even more complicated. -------------------- AOS
5/21/08 AOS package mailed to Chicago Lockbox 5/23/08 AOS package delivered and signed by V BUSTAMANTE 5/30/08 Check clears 6/03/08 ASC letter for biometrics on 6/20 8/04/08 EAD card production ordered. 8/15/08 EAD arrived in mail 9/30/08 Interview and AOS approval 10/9/08 Green card arrives in mail |
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