Which is better for me, the K1 or I130?

[neckinger 0]

Hello everyone,

I am a UK citizen working in Germany with my American fiance.

She is going back to postgraduate education in the summer (in the state of California), and after much deliberation I have decided to try and join her.

My question is this: Would it make more sense for us to marry here and apply for a I130, or apply for a K1, have me wait here for 6 months, and then go to the States to marry?

It is paramount that I be able to work from the second I arrive, and although I have seen that the K1 would permit me to do this, am unsure whether the I130 would allow this too. Processing times and expense are also a concern. My biggest fear is arriving in the states with limited resources, and then not being able to earn my keep.

It appears to me like the immigration laws (rightfully) are concerned about illegitimate marriages, and so I am also cautious about marrying here in a rush before she leaves this summer, as it might potentially raise eyebrows. Is it better to go for the K1?

Any help would be invaluable.

Yours,

Mat

[funkyab 0]

if she has been living there and meets the residency requirements, get married immediately and file DCF. should have the greencard by summer easily if everything goes smoothly.

[neckinger 0]

Thanks for your quick response!

She has not been a permanent resident of the USA for 6 years or so, but was born and bred and studied her undergraduate there.

DCF=I130 right?

Thanks a bunch

Mat

[funkyab 0]

Thanks for your quick response!

She has not been a permanent resident of the USA for 6 years or so, but was born and bred and studied her undergraduate there.

DCF=I130 right?

Thanks a bunch

Mat

We are talking about if she meets the residency requirement in germany. Has she been living in germany legally for 6 months? if so you file the i130 directly with the consulate there. you will have interview shortly after and if all is in order issued your immigrant visa.

in many cases the whole process can take as little as 6 weeks.

Edited March 31, 2008 by funkyab

[neckinger 0]

Perfect! She is a legal working resident here.

Thanks for your advice, I had better clean my suit..

Mat

[funkyab 0]

you are good to go then!!!

HAVE A GREAT WEDDING!!!! Should have your visa in a couple of months. can start working immediately upon arrival in the states.

http://germany.usembassy.gov/visa/visaproc..._frankfurt.html info about filing

http://germany.usembassy.gov/germany/servi...ng_married.html info about getting married

[funkyab 0]

also she is going to need to show domicile in the u.s. when you guys submit the i864 affadavit of support.. so make sure she has any evidence like bank accounts, owened property there, mailing address.. drivers license. etc... if not you need to get on that.

Edited March 31, 2008 by funkyab

[neckinger 0]

Hey,

I will be sure to tell her she needs proof of those things, but they should not be a problem. You have been a great help, I am very thankful.

Mat

oh, just saw your first post.

Thanks a million!!!!

Mat

[melusine 5]

isn't DCF long long long to process ?

[funkyab 0]

isn't DCF long long long to process ?

look in my sig. 3 months and 6 days from filing to visa approval. and this was with a month of AP. many get approval in under 2 months.

[pushbrk 12,234]

isn't DCF long long long to process ?

The actual time depends on the country but generally DCF is the fastest way to go. It only works for those who qualify to file that way.