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D and E
Hello all, Just need a little direction. Just joined today and dont know where to start

I am a US Citizen. My girlfriend of over 2 years is Colombian. She has permanent residency in Costa Rica. She owns a house in Colombia but works and raises her daughter in CR. We will be getting married.

questions:

#1) What forum should I be starting in?
#2) What are my best chances of getting her a visa? Fiance or Spousal? (If I know this answer, I will know what forum to read more)

Heck, I have a million questions but don't know where to start?

Thanks in advance

D and E
przy
Hey Welcome to VJ!

You have so many options as to where to start, but you have to answer a few questions.

Do you plan on marrying in the USA, or outside of the USA? If you choose to marry in the USA, then you will have to fill out the I-129 visa petition to bring her here and legally marry her here. I'm not quite sure how long processing for that application takes, but you can check the processing times listed at USCIS.gov for your particular service center. That visa, once approved, is valid for 90 days in order to get you guys married. Then would look into the adjustment of status.

If you guys marry outside the USA, then you could fill out the I-130 to bring your spouse to the USA. Again, processing times differ according to the petition and the service center. You also have the option, if you file directly at the consulate where your girlfriend is living (I believe you have to be a resident there in order to do so; meaning you have a residency visa). Filing directly usually doesn't take as long as if you were to file the I-130 at one of the service centers in the USA. Once the I-130 is approved you could also submit the I-129 (K3 - It's free if you previously filed the I-130) visa for your new spouse. The I-129 at this point would work just like the fiance visa and you would still have to apply for Adjustment of Status. With the I-130, your spouse comes to the USA as a lawful permanent resident. It just depends on processing times and what route you want to take.

Since you aren't married yet, you have the time to research the pros and cons of both applications.

Hope that helps!
Good luck.
- Przy
D and E
QUOTE(przy @ Apr 20 2008, 08:02 PM) *
Hey Welcome to VJ!

You have so many options as to where to start, but you have to answer a few questions.

Do you plan on marrying in the USA, or outside of the USA? If you choose to marry in the USA, then you will have to fill out the I-129 visa petition to bring her here and legally marry her here. I'm not quite sure how long processing for that application takes, but you can check the processing times listed at USCIS.gov for your particular service center. That visa, once approved, is valid for 90 days in order to get you guys married. Then would look into the adjustment of status.

If you guys marry outside the USA, then you could fill out the I-130 to bring your spouse to the USA. Again, processing times differ according to the petition and the service center. You also have the option, if you file directly at the consulate where your girlfriend is living (I believe you have to be a resident there in order to do so; meaning you have a residency visa). Filing directly usually doesn't take as long as if you were to file the I-130 at one of the service centers in the USA. Once the I-130 is approved you could also submit the I-129 (K3 - It's free if you previously filed the I-130) visa for your new spouse. The I-129 at this point would work just like the fiance visa and you would still have to apply for Adjustment of Status. With the I-130, your spouse comes to the USA as a lawful permanent resident. It just depends on processing times and what route you want to take.

Since you aren't married yet, you have the time to research the benefits of both applications.

Hope that helps!
Good luck.
- Przy



yes this helps...It is a start.

Thanks
przy
You're welcome! Again, good luck. Here's hoping for a swift journey (whichever one you choose)!


-Przy
JJWashington
Welcome to VJ
j and c
if you have the time, and are sure of your plans, I would suggest getting married in Costa Rica and applying for the Spouse visa, if you want to go the K-1 route, it will take about 7 months from applying to final interview at the US embassy in Costa Rica.

then, after she comes to the US, you guys will have 90 days to marry. then you get to apply for AOS (adjustment of status) and that can take another 7 months or more.

she will be entitled to a work permit (EAD) and travel docs (AP) and should receive them within 3 months of your AOS application.

in any event, you need to read, read, read the info on this website so you can make an informed decision.

the main difference is the rights she will have entering as a spouse as opposed to entering as a K-1 applicant.


D and E
Great - thanks for the reply. I will be doing much reading but I was getting the feeling that this is what to do.

Thanks again

D
ZeeNusah
Welcome to VJ and good luck on your journey!!!
simple_male
Welcome to VJ! Reading guides is a good start.
Toshtishtash
Welcome to VJ biggrin.gif
Eric and An Thuy
Welcome to vj
Leafgal
I can only offer up a welcome to VJ and good luck which ever you choose.
SHAPE OF MY HEART
yay!!!Welcome to VJ.
Eresh
Hello and welcome! If you decide to go for the spousal visa, I would suggest going for the CR-1/IR-1 visa instead of the K-3 b/c your wife won't have to go through Adjustment of Status (AOS) or have to wait on the EAD (work authorization). The K-3 is the quicker route, but overall the CR-1/IR-1 is a better visa if you don't mind waiting a couple extra months.
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