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Nepali babu

what is the best process to bring my Wife here (USA) ASAP

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Hi, 

   I'm a naturalized US citizen and planning to get married in this April 2017. I don't know what is the best/fast way to bring my wife here in the USA so I'm looking for your advice. I'm making well over 95K in a year and paying Tax regularly if I have to sponsor her. 

 

Thank you for your help. 

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You of course will have to sponsor her no matter which way you go, whether K-1 or CR-1.

 

If she is with you in the US right now, you can just marry and file for AOS and she can stay.

 

If she is abroad, again you can do K-1 visa (fiance visa) : http://www.visajourney.com/content/k1guide

Or Cr-1 visa if you choose to marry first abroad : http://www.visajourney.com/content/i130guide1

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25 minutes ago, Nepali babu said:

Hi, 

   I'm a naturalized US citizen and planning to get married in this April 2017. I don't know what is the best/fast way to bring my wife here in the USA so I'm looking for your advice. I'm making well over 95K in a year and paying Tax regularly if I have to sponsor her. 

I'm here in the USA and she is in Nepal working as a RN. How long it is going to take (like 2 months or 8 months) and what is the fastest way ? 

Thank you for your help. 

1

 

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A K-1 visa takes 6+ months to process, so doing that before April won't work. You would need to delay your wedding until your K1 processes (plan for late Q3 or sometime Q4 of 2017 at best). You must also have met in person already to qualify for this. You would need to file for AOS after getting married in the US.

 

A CR-1 visa would work fine, but you cannot file until after you are married. So you would need to either marry outside the US, or she can try for a tourist visa to enter the US and you can marry then while she visits (before she needs to return home). This process takes ~10 months but can take 18+ months. This is cheaper than a K1 and provides a green card after arrival (no AOS required).

 

Edit: Note that the tourist visa option may face scrutiny. She must be honest with the CO in the interview and with CBP when she tries to enter the US. They generally heavily scrutinize somebody coming to the US to marry (for fear they won't go home). I'm now debating if offering it as a suggestion was appropriate as it is risky.

Edited by geowrian

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4 minutes ago, geowrian said:

A K-1 visa takes 6+ months to process, so doing that before April won't work. You would need to delay your wedding until your K1 processes (plan for late Q3 or sometime Q4 of 2017 at best). You must also have met in person already to quality for this. You would need to file for AOS after getting married in the US.

 

A CR-1 visa would work fine, but you cannot file until after you are married. So you would need to either marry outside the US, or she can try for a tourist visa to enter the US and you can marry then (before she returns home). This process takes ~10 months but can take 18+ months. This is cheaper than a K1 and provides a green card after arrival (no AOS required).

 

Thank you. 

 one more question, can I sponsor her for here Visit (b1/B2) visa if we get married and bring her here with me?  I'm just looking for best way to bring her here, I'm open to get married in Nepal too. 

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Two options, each with pros and cons..

 

1. File a K1 fiance petition. Pro: she gets here faster in abt 6 months. Con: Costs more to become a perm resident. Faster

2. Get married, then file for CR1 spousal visa. Pro: She gets a GC in 10-12 mos. Con: Takes longer till she gets here. Cheaper

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Just now, Nepali babu said:

Thank you. 

 one more question, can I sponsor her for here Visit (b1/B2) visa if we get married and bring her here with me?  I'm just looking for best way to bring her here, I'm open to get married in Nepal too. 

No, not legal to being her here for staying permanently. Chances of B2 visa slim to begin with, time (and money) wasted if visa denied. 

You do not sponsor a B2 visa. 

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3 minutes ago, Nepali babu said:

Thank you. 

 one more question, can I sponsor her for here Visit (b1/B2) visa if we get married and bring her here with me?  I'm just looking for best way to bring her here, I'm open to get married in Nepal too. 

First, please see my edit. Doing the tourist visa option is risky.

 

No, you cannot sponsor a tourist visa. She must prove her ties to her returning country herself. They need to know why she has a compelling reason to go home, not to so much to enter the US.

 

The same goes for once you are married. She can use a tourist visa to visit (not stay!), but note that proving strong enough ties to her home is difficult. Others here have done it many times, but others have been denied at either the visa stage or at POE.

Edited by geowrian

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2 minutes ago, KierenHby said:

Two options, each with pros and cons..

 

1. File a K1 fiance petition. Pro: she gets here faster in abt 6 months. Con: Costs more to become a perm resident. Faster

2. Get married, then file for CR1 spousal visa. Pro: She gets a GC in 10-12 mos. Con: Takes longer till she gets here. Cheaper

 

Thank you 

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Maybe you can also check Nepal processing times, so you can be more specific. I'm from the PH and my husband and I did the K1 route. We filed in February and I arrived in the US in July (2016). The advantage IMO is while my permanent residency is being processed, I got to stay legally in the US with my husband the whole time. Plus, I didn't have to do any additional medical procedures when I arrived here. Whereas CR1 as I see it, you get married then you become geographically separated again for a long time-- personally I did not like that separation after getting married! Anyway, if money isn't an issue for you, I'd go for the K1 route over CR1.

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When will people learn that there is no ASAP when it comes to the immigration.

 

Your ONLY OPTION is CR1 visa, spouse visa.

It takes +/- about a year. No, no way to speed that up. The process is pretty easy, unless you have some serious red flags. Everyone wait. Some people wait YEARS, it's not the end of the world.

 

There is NO WAY she will get her visa by April.

 

But wait.. I just realized. Are you married or not?

First you said you want to get married in April.... But you also say that she's your wife.

 

Be careful about your wording when it comes to the immigration. Do not call her your wife if you're not married and planning on doing the fiancee visa. It will end up with denial.

 

 

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