K-1 Fiancee Visa - for greencard holders too?

[LinChong 0]

I am Malaysian. My fiance is Malaysian + green card holder + living in US.

So does the K1 Visa apply to us too? Or just to US citizens?

If the K1 Visa does not apply to green card holders - what Visa should I apply for?

We are engaged, and prefer to marry in the US.

[N&S 32]

Only USC are eligible to petition for a fiance(e) with a K1 visa. If you wish to get married in the US you can travel over on a tourist visa, get married and then return to Malaysia and start the visa process for a spouse.

Check out the USCIS website here with information:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=75783e4d77d73210VgnVCM100000082ca60aRCRD&vgnextoid=75783e4d77d73210VgnVCM100000082ca60aRCRD

Good luck!

[Leatherneck 693]

The K-1 petitioner must be a U.S. citizen.

Citizenship is not required to marry in the U.S.

[LinChong 0]

Thank you so much N&S and Leatherneck --- now that I have the info, I can move on to the next step (out of the thousands of steps .....)

Feeling frustrated with the whole process

[LinChong 0]

Hi

Thanks for your earlier reply, very much appreciated.

So if I understand right, my fiance and I will have to be married at home (in Malaysia) and start the process for the K3 visa?

Questions :

1. I have a B1/B2 visa, can I travel to the US and we get married in US (instead of Malaysia)? - so that we are not apart for such a long time (I will be in the US with him when the K3 visa is in process)

2. If we do get married in Malaysia, and the K3 process begins from here (he returns to the US, because he has to work), can I still travel in and out of the US to visit him (short durations)?

Thanks so much for your reply!

Lin

[Penguin_ie 5,986]

Yes to both.

Apply for a CR-1 visa, the K3 is obsolete.

[Leatherneck 693]

Hi

Thanks for your earlier reply, very much appreciated.

So if I understand right, my fiance and I will have to be married at home (in Malaysia) and start the process for the K3 visa?

Questions :

1. I have a B1/B2 visa, can I travel to the US and we get married in US (instead of Malaysia)? - so that we are not apart for such a long time (I will be in the US with him when the K3 visa is in process)

2. If we do get married in Malaysia, and the K3 process begins from here (he returns to the US, because he has to work), can I still travel in and out of the US to visit him (short durations)?

Thanks so much for your reply!

Lin

Penguin_ie took care of you with regards to those questions.

[LinChong 0]

Thanks so much for the info!

Just want to be very sure I understood it correctly...

K3 Visa is obsolete - no such visa exists? (because I've just read it from another page on this site : http://www.visajourney.com/content/compare)

So I use my BI/B2 visa, travel into US, get married, convert status to GC holder with CR1 visa (we both are in US) - and while waiting, I can travel in and out of the US - what visa will I be on then?

OR

We marry in Malaysia, and begin CR1 process in Malaysia (he's in US, Im here... *sad, apart*) - and while waiting, can I travel in and out of the US?

[Penguin_ie 5,986]

The K3 visa exists, sort of. Most of the time, the K3 gets administratively closed at NVC stage and you are forced on the CR-1 path. The CR-1 is a better visa as you get a greencard immediately upon entering the USA (ie can work, get a drivers license).

You don't convert status, your husband petitions for you to be allowed to apply for the CR-1 visa; the visa results in a greencard when you enter.

Yes, you can get married in the USA on your B2 visa, and husband can start the CR-1 process immediately afterwards. You will have to leave the USA when your tourist visa time is up- usually 6 months. You can continue to use your B2 to visit while the visa is processing, but must do the medical and interview in your home country.

You are better off asking future questions on the CR-1 visa process in the relevant forum here: http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/ after reading the Guides which explain it: http://www.visajourney.com/content/i130guide1

[LinChong 0]

very clear, thanks Penguin_ie.

Will go to the other forum when I need more help

Wow so many people willing to help... wonders of the Internet!

[Leatherneck 693]

The K3 visa exists, sort of. Most of the time, the K3 gets administratively closed at NVC stage and you are forced on the CR-1 path. The CR-1 is a better visa as you get a greencard immediately upon entering the USA (ie can work, get a drivers license).

You don't convert status, your husband petitions for you to be allowed to apply for the CR-1 visa; the visa results in a greencard when you enter.

Yes, you can get married in the USA on your B2 visa, and husband can start the CR-1 process immediately afterwards. You will have to leave the USA when your tourist visa time is up- usually 6 months. You can continue to use your B2 to visit while the visa is processing, but must do the medical and interview in your home country.

You are better off asking future questions on the CR-1 visa process in the relevant forum here: http://www.visajourn...ess-procedures/ after reading the Guides which explain it: http://www.visajourn...tent/i130guide1

But her fiance is a LPR, not a citizen.

[Penguin_ie 5,986]

Ah yes, can't do K3 then anyways. CR-1 rules still apply, waiting will just be longer.

[Leatherneck 693]

Ah yes, can't do K3 then anyways. CR-1 rules still apply, waiting will just be longer.

Once the LPR gets married and submits the I-130, doesn't that put his foreign born spouse in the F2A catagory which means a long wait. Wouldn't being in that catagory

have an impact on her tourist visa, and the issue of non-immigrant intent?

[LinChong 0]

what what what?!!! *confused*

maybe this is why people use Immigration lawyers... *sighs*

[Gary and Alla 3,694]

I am Malaysian. My fiance is Malaysian + green card holder + living in US.

So does the K1 Visa apply to us too? Or just to US citizens?

If the K1 Visa does not apply to green card holders - what Visa should I apply for?

We are engaged, and prefer to marry in the US.

She cannot petition you with a K-1. That is for citizens only. She can marry you first (anywhere in the world) and then petition you with an I-130. Be prepared to wait 2 -5 years for a visa number.