K 1 Visa Help ( Newbie Here )

[hrithikjc100 0]

Hello,

I was browsing this site since 2 days to find a answer. I don't know but I'm still unsure if that answered all of my question. So I'll be asking again.

First of all I'm a Green Card Holder. I completed my term of 5yrs to get a Citizenship but didn't applied for it yet. So it means I'm Eligible to get Citizenship anytime i want. Currently I'm on a visit to India for a vacation after 6yrs. But still on a Green Card. Over here i met my school time girl. I proposed her for a marriage. She and her family agreed for it too. But I'm Concern what's the faster way to call her to U.S. Was reading the site about K1 Visa but those are for US Citizen's. As of now I'm not a US Citizen. So that means Do i have to go back to U.S, get my citizenship. Then travel back to India. Get some pics and stuffs. Then come back to US and apply for K1 or K3 Dunno exactly. So the time duration goes a lot. As citizenship takes around 3-4mons to get it done. Sometimes its faster but that's the time frame my Mom dad got theirs. Then i take a leave from work. Come back to India, then go back to US n apply for her.. So it takes more than 10mons if I'm not wrong. But is it possible to apply some kind of Fiance Visa which is faster than this. Cuz we are planning to get married in September 2010. So i would love to have my newly married wife with me when we go back to US.

I dunno if i cleared the info out for the members. But I can get any kind of suggestion, would really appreciate it.

Thanks

Chirag.

[baron555 934]

Hello,

I was browsing this site since 2 days to find a answer. I don't know but I'm still unsure if that answered all of my question. So I'll be asking again.

First of all I'm a Green Card Holder. I completed my term of 5yrs to get a Citizenship but didn't applied for it yet. So it means I'm Eligible to get Citizenship anytime i want. Currently I'm on a visit to India for a vacation after 6yrs. But still on a Green Card. Over here i met my school time girl. I proposed her for a marriage. She and her family agreed for it too. But I'm Concern what's the faster way to call her to U.S. Was reading the site about K1 Visa but those are for US Citizen's. As of now I'm not a US Citizen. So that means Do i have to go back to U.S, get my citizenship. Then travel back to India. Get some pics and stuffs. Then come back to US and apply for K1 or K3 Dunno exactly. So the time duration goes a lot. As citizenship takes around 3-4mons to get it done. Sometimes its faster but that's the time frame my Mom dad got theirs. Then i take a leave from work. Come back to India, then go back to US n apply for her.. So it takes more than 10mons if I'm not wrong.

You understand what you need to do perfectly.

But is it possible to apply some kind of Fiance Visa which is faster than this. Cuz we are planning to get married in September 2010. So i would love to have my newly married wife with me when we go back to US.

Nope, no other option. You first become a citizen and then you can do what you need to do. And you can go ahead and get married, but getting her here will be another story.

I dunno if i cleared the info out for the members. But I can get any kind of suggestion, would really appreciate it.

Thanks

Chirag.

[Nik+Heather 121]

If you wish to marry in India, you have only one good option: CR-1 visa.

You do not need to be a citizen for your meeting or marriage to be valid. Document being in person now, and when you get your citizenship, you can apply for a K1, but you will have to get married in the states then. I really don't see how it can be counted on for TWO bureaucratic processes (citizenship then K1) to be completed in only one year, so I don't think you'll be having a September 2010 marriage in the US on a K1.

If you marry in India you will not be able to bring your bride home with you immediately. You can stay with her during the process (or, once you get your citizenship, you could establish residency back in India for 6 months and then do DCF), or precede her back to the States while the petition and visa process.

[JimVaPhuong 4,863]

Your options have already been summarized.

There is absolutely nothing you can do while you are an LPR and unmarried. There are no fiancee visas for LPR's.

You know you have to be a US citizen to apply for a K1 fiancee visa. If you go that route, then you can't get married in India. Your fiancee would have to get the visa, come to the US, get married in the US, and then apply for a green card. You can't even begin that process until you get your citizenship.

Another option is to begin your citizenship application now. You should have your certificate of naturalization by the time you want to get married. After the marriage, apply for a CR1 visa. Once she get's the visa, she can come to the US and get her green card automatically. She'll probably get the visa within a year after you apply.

The absolute FASTEST way to get this done, if that's of any interest to you, is to marry her now while you're in India. Come back to the US and apply for an F2A visa. At the same time, submit your application for US citizenship. Once you have your certification of naturalization, upgrade your visa petition to a CR1. Your wife might even have the visa and be able to come to the US as an LPR by next September, which is when you originally planned to marry.

[hrithikjc100 0]

I got one more question.. Can i invite her to US on visiting visa ? will there be a issue in future when i apply for a K1 ? or CR 1? will that affect her in future for getting the visa?

[Penguin_ie 5,994]

She would need to apply for a visitor/ tourist visa herself, and show proof she will return to India (good job, property owned etc). It tends to be quite difficult for young single females to get tourist visas, but not impossible.

[JimVaPhuong 4,863]

I got one more question.. Can i invite her to US on visiting visa ? will there be a issue in future when i apply for a K1 ? or CR 1? will that affect her in future for getting the visa?

A letter of invitation is useful at some consulates when the visitor visa applicant doesn't have enough money to guarantee their expenses, and the letter is from an "interested party" who will guarantee their support. The Embassy in New Delhi doesn't ask for this, and in your case it would probably not help, and may even hurt her chances of getting a visa. The risk of overstay for visitors from India is considered high, and her being the fiancee of an LPR establishes her immigrant intent. If she's going to apply for a visitors visa it would be far better if she can qualify on her own merits, without a letter of invitation from you. Letter's of invitation are much more useful when the purpose of the visit is to receive medical treatment, and the "interested party" is a charitable person or organization that is covering the expenses of that treatment.

If she applies for a visitors visa and it's denied for routine cause, like insufficient evidence of ties to India that would compel her to return before her visa expires, then it will have no effect on a later K1 or CR1 application. However, if it's denied for a more serious cause, like material misrepresentation (i.e., they think she lied on the application) then that could have a very serious effect on any later visa application. The moral of that story is to always tell the complete and unadulterated truth on any visa application documents, even if the truth may hurt your chances of getting a visa this time, and you'll preserve the opportunity to try again later.

[Gary and Alla 3,694]

Hello,

I was browsing this site since 2 days to find a answer. I don't know but I'm still unsure if that answered all of my question. So I'll be asking again.

First of all I'm a Green Card Holder. I completed my term of 5yrs to get a Citizenship but didn't applied for it yet. So it means I'm Eligible to get Citizenship anytime i want. Currently I'm on a visit to India for a vacation after 6yrs. But still on a Green Card. Over here i met my school time girl. I proposed her for a marriage. She and her family agreed for it too. But I'm Concern what's the faster way to call her to U.S. Was reading the site about K1 Visa but those are for US Citizen's. As of now I'm not a US Citizen. So that means Do i have to go back to U.S, get my citizenship. Then travel back to India. Get some pics and stuffs. Then come back to US and apply for K1 or K3 Dunno exactly. So the time duration goes a lot. As citizenship takes around 3-4mons to get it done. Sometimes its faster but that's the time frame my Mom dad got theirs. Then i take a leave from work. Come back to India, then go back to US n apply for her.. So it takes more than 10mons if I'm not wrong. But is it possible to apply some kind of Fiance Visa which is faster than this. Cuz we are planning to get married in September 2010. So i would love to have my newly married wife with me when we go back to US.

I dunno if i cleared the info out for the members. But I can get any kind of suggestion, would really appreciate it.

Thanks

Chirag.

You must be a citizen to file a K-1. You can file for a CR-1 as an LPR, which means you get married first, then file for the visa. You would not necessarily have to go back to India if you go the K-1 route. If you have met in person within 2 years you qualify. If you obtain your citizenship within two years your current visit would be sufficient. You could also get married there and apply for a DCF IF India offers those, I am not sure. Check the DCF guides.