Get married in US, can my fiance file for K3?

[lilies 0]

Dear all, please help me and my fiance.

I'm in US now using my visitor visa and we want to get married here. We plan to file a K3 visa for me, but when my fiance called USCIS customer service, they said we can't file K3 because K3 only for marriage that took place outside the US. Is that true? So if that's true, that means if we still want to get married here IR-1 is the only option for us?

Thanks in advance.

[Singers 0]

Yes you can file for a K-3. In fact, that is what you are supposed to do. You can get married in the US and then leave before your visa expires. You will file the K-3 and have the interview in your home country and then return to the US on a K-3 visa.

What the operator meant was that you need to in your home country to interview and receive the K-3 visa.

[Dakine 26]

Dear all, please help me and my fiance.

I'm in US now using my visitor visa and we want to get married here. We plan to file a K3 visa for me, but when my fiance called USCIS customer service, they said we can't file K3 because K3 only for marriage that took place outside the US. Is that true? So if that's true, that means if we still want to get married here IR-1 is the only option for us?

Thanks in advance.

If you didn't come to the US with intentions of marrying and staying ine the US you can marry, adjust status and stay here.

If you plan to marry and go home best to do a CR-1. IR is for people that have been married for more than 2 years.

Edited January 8, 2009 by Haole

[lilies 0]

Dear all, please help me and my fiance.

I'm in US now using my visitor visa and we want to get married here. We plan to file a K3 visa for me, but when my fiance called USCIS customer service, they said we can't file K3 because K3 only for marriage that took place outside the US. Is that true? So if that's true, that means if we still want to get married here IR-1 is the only option for us?

Thanks in advance.

If you didn't come to the US with intentions of marrying and staying ine the US you can marry, adjust status and stay here.

If you plan to marry and go home best to do a CR-1. IR is for people that have been married for more than 2 years.

But I read on travelstate.gov and they said: "After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality." http://travel.state.gov/visa/immigrants/ty...types_2993.html

When I read that, I assume that we can file a K3 visa after we get married here. Is that correct? Oh, one more thing.. do i need to go back to my original country first before my husband filing my k3 petition? Or can we just send the petition after we get married and I still stay here during the process until the date on my I-94? Thanks in advance

[Singers 0]

Yes you can file the K-3 paperwork while you are still here. You need to be back in your country for the interview though. You can either file the K-3 or you can file for the IR-1. (Your I-94 will expire long before you get an interview.)

Haole also has a point. IF you came to the US with no intention of getting married and then decided to get married AFTER you came here, then you can skip the K-3 process and file for Adjustment of Status (greencard). Just realize that you cannot leave the US until you get your greencard. (You can also get Advanced Parole to leave the country but it is not advisable to do so if you are adjusting from a tourist visa.)

[pushbrk 12,212]

Yes you can file the K-3 paperwork while you are still here. You need to be back in your country for the interview though. You can either file the K-3 or you can file for the IR-1. (Your I-94 will expire long before you get an interview.)

Haole also has a point. IF you came to the US with no intention of getting married and then decided to get married AFTER you came here, then you can skip the K-3 process and file for Adjustment of Status (greencard). Just realize that you cannot leave the US until you get your greencard. (You can also get Advanced Parole to leave the country but it is not advisable to do so if you are adjusting from a tourist visa.)

It would be CR1, not IR1 unless you experience a significant delay, as IR1 is only issued when the marriage is at least two years. We don't call USCIS's phone operators the misinformation line for nothing. You've got plenty of time but if you don't qualify to just stay and adjust status or need to leave anyway, I encourage you to seriously consider the CR1 route instead of the K3. K3 doesn't really have many good points that endured the recent procedure changes and is far more expensive for what little if any time is saved.

[lilies 0]

It would be CR1, not IR1 unless you experience a significant delay, as IR1 is only issued when the marriage is at least two years. We don't call USCIS's phone operators the misinformation line for nothing. You've got plenty of time but if you don't qualify to just stay and adjust status or need to leave anyway, I encourage you to seriously consider the CR1 route instead of the K3. K3 doesn't really have many good points that endured the recent procedure changes and is far more expensive for what little if any time is saved.

Thanks for your replies guys.. I don't think I qualify to stay and adjust my status. Oh, now I know what the differences between CR-1 and IR-1 Uhm, if I apply for K3 visa, doesn't it also apply for CR-1 visa? Since I'll send the I-130 form too? Please correct me if I'm wrong. Thanks.

[Reba 2]

Yes, but with the CR1 visa you don't need to send in the I-129F and you don't need to adjust status once in the US. CR1 is work authorized as well, so you can start working as soon as you find a job after arrival. K3 is not work authorized, so you'll be sitting bored for a few months before you can get your EAD.

Read the GUIDES.

[pushbrk 12,212]

It would be CR1, not IR1 unless you experience a significant delay, as IR1 is only issued when the marriage is at least two years. We don't call USCIS's phone operators the misinformation line for nothing. You've got plenty of time but if you don't qualify to just stay and adjust status or need to leave anyway, I encourage you to seriously consider the CR1 route instead of the K3. K3 doesn't really have many good points that endured the recent procedure changes and is far more expensive for what little if any time is saved.

Thanks for your replies guys.. I don't think I qualify to stay and adjust my status. Oh, now I know what the differences between CR-1 and IR-1 Uhm, if I apply for K3 visa, doesn't it also apply for CR-1 visa? Since I'll send the I-130 form too? Please correct me if I'm wrong. Thanks.

No, if the both I-130 and I-129F for spouse petitions are filed and subsequently approved, the foreign spouse MAY apply for either or both visas. Carefully examine whether there's any reason to file the I-129F, as it's actually possible to slow the process that way. Regardless you add expense, and the immigrant is going to have to sit around for a few months after arrival before they can work.

[lilies 0]

Thanks guys for all advices.. I'll discuss it with my fiance and file the petition as soon as possible.

[lilies 0]

No, if the both I-130 and I-129F for spouse petitions are filed and subsequently approved, the foreign spouse MAY apply for either or both visas. Carefully examine whether there's any reason to file the I-129F, as it's actually possible to slow the process that way. Regardless you add expense, and the immigrant is going to have to sit around for a few months after arrival before they can work.

Hi pushbrk and other friends, is that true that k-3 will gives a possibility to slow down the process? but how come? Thanks in advance.

[pushbrk 12,212]

No, if the both I-130 and I-129F for spouse petitions are filed and subsequently approved, the foreign spouse MAY apply for either or both visas. Carefully examine whether there's any reason to file the I-129F, as it's actually possible to slow the process that way. Regardless you add expense, and the immigrant is going to have to sit around for a few months after arrival before they can work.

Hi pushbrk and other friends, is that true that k-3 will gives a possibility to slow down the process? but how come? Thanks in advance.

Because when the later filed I-129F is filed, the two case files are put together and put in line based on the later date the I-129F was received. The delay is then roughly equal do the difference in the receipt dates.

[Bobby+Umit 161]

Dear all, please help me and my fiance.

I'm in US now using my visitor visa and we want to get married here. We plan to file a K3 visa for me, but when my fiance called USCIS customer service, they said we can't file K3 because K3 only for marriage that took place outside the US. Is that true? So if that's true, that means if we still want to get married here IR-1 is the only option for us?

Thanks in advance.

Small question, did you travel to the US on your visitors visa to get married?

[lilies 0]

Small question, did you travel to the US on your visitors visa to get married?

Yes, we had been talking about getting married here in US when I was still in my original country.

I have another questions.. When NVC send the DS-3032 to me, do I need to send it back to NVC in the US or can I just send it to US embassy in my country? Same question about DS-230 payment, do I have to send a check to NVC or just pay the fee before I have the interview? Thanks.

[pushbrk 12,212]

Small question, did you travel to the US on your visitors visa to get married?

Yes, we had been talking about getting married here in US when I was still in my original country.

I have another questions.. When NVC send the DS-3032 to me, do I need to send it back to NVC in the US or can I just send it to US embassy in my country? Same question about DS-230 payment, do I have to send a check to NVC or just pay the fee before I have the interview? Thanks.

It goes to NVC but that's months from now and there are efficient procedures for that, you'll want to check out in the CR1 forum closer to when you need them.