I-129F related questions for my situation.

[QWERTYASDF 0]

Hello all, I am new here and I have been searching for information about this. Here is my situation:

I am Korean-American, born in the U.S while my parents aren't U.S citizen, they are Korean citizen and they came to the U.S for studying purpose, and I was born here while they were studying. I have met my fiancee 4 years ago in South Korea. We have been dating long-distance relationship because I am a student in the U.S but I have met my fiance in person during winter break and summer break for the past 4 years so I would consider that 2 years met in person if that makes sense? Around December, 2011 is when I proposed to my fiancee. We are planning on getting married on July 14th, 2012 over in Korea. Of course I didn't expect that we would be married after I proposed. I was thinking it would take more than 1 year. If this was the case, then I wouldn't have to worry about the waiting time. The reason why our marriage is going to take place in Korea is because there is where all my family is, so it's easier. Plus, I am a college student (undergrad), and I plan on going to graduate school right after I graduate from undergrad. So therefore I am marrying while I am a student.

Also I am aware that with the K-1 visa, I have to marry my fiancee in the U.S within 90 days upon entering U.S. So I will have to marry her twice, marry her in Korea, and marry her in U.S. However, I think as long as we don't file a marriage certificate in Korea but file a marriage certificate in the U.S with a K-1 visa and I think the K-1 would be effective? Just as long as I have proof that marriage is taken place in the U.S as well? As I mentioned the situation above the actual wedding will take place in Korea.

1. Fill out I-129F (Fiance(e) Visa), get all the documents I need. (I need to make sure I get everything because I am a U.S citizen and I need to make no mistake so that I don't have to receive RFE?

2. Another way I can do this is because South Korean's can visit U.S without a visa (visa waiver program) as a traveler's visa. I was told that this is possible and that I can marry her 1 month after she enters the U.S. However, this can be done by hiring an attorney 1 month before my fiancee enters U.S so that we can get documents needed.

If I understand correctly, they no longer accept k-3 visa and no longer offers that? Is that correct? Because the fact that I am marrying my fiancee over in Korea and bring her to U.S is a bit risky because for her to properly live in the U.S with me is that I have to file some petitions and adjust her status. So I've been looking up on the I-130 form, which I assume is a I-130 form. So I need some advice on what to do here and I'm not sure if they actually process I-130 anymore? This is what confuses me. Because I've been looking up that they no longer offer k-3 visa.

I have yet to fill out the I-129F. But my concern is the processing time. From what I hear it can take 6-12 month for the K-1 visa to be issued once approved and once the interview takes place.

If the I-129F is going to take long, I may have to go with the other route and hire an attorney to help me with the situation for #2 above.

Please give me some advice on what to do. as Filing for I-129F can take up to 6-12 and that if it's 6 months from now, that is September to get approved and another waiting time as well.

I need help.

Thanks.

Paul

[feli114 65]

You have to have met within 2 years of your filing date

[Hank_ 9,171]

No that does not mean you marry her twice, you get married in Korea then you CAN NOT apply for a K-1 visa as that is a Fiance(e) visa for getting married (only) in the USA. You will have to do a spousal visa if you marry in Korea.

You will need to go the 130 route for married.

Doing the visiting and getting married route while here is visa fraud and could become a can of worms you don't want to open.

Edited March 1, 2012 by Hank_Amy

[JimVaPhuong 4,863]

Married is married. If you marry in South Korea then she's not eligible for a K1 visa. If the consular officer even suspects you've already married then the visa will be denied. If USCIS finds out you married before she came to the US then they'll deny adjustment of status based on the K1 petition. In fact, if this is discovered at any point when dealing with US immigration in the next few years then it will cause problems. It's a can of worms. Don't open it.

Entering the US using the VWP or most other non-immigrant entry passes comes with the condition that you do not intend to become an immigrant before leaving the US. Entering with the preconceived intent to immigrate is illegal. I know some lawyers will recommend you do this because it's possible, and many people get away with it, but that doesn't make it legal, and it also increases the odds the green card application will be denied. Even worse, someone who uses the VWP waives their rights to appeal any decision by an immigration officer. If her adjustment of status were denied then she'd have no option other than to leave the US, potentially with a ban for misrepresentation.

K3 visas are still occasionally issued. The K3 requires the filing of two petitions - an I-130 and an I-129F. If both petitions are approved and sent to the National Visa Center at the same time (and they usually are) then NVC will administratively close the I-129F, and forward only the I-130 to the US consulate. This means that the beneficiary would be applying for an IR1/CR1 visa, regardless if their desire was originally for a K3. The K3 is effectively obsolete.

Get married in Korea. Have a great time. When you return to the US then file an I-130 so your wife can get a CR1 visa.

[C-ma'am 684]

Hi Paul,

A K1 visa are for unmarried people, to marry in the US within 90 days, from the day they set foot in the US with said VISA in hand. Therefore, you won't be marrying her twice. If you marry in Korea, the K1 visa will NOT be an option for you, as you will already be married and she will no longer will be your fiancee; she'll be your wife.

Many people tend to think, that choosing a K1 visa, will be "faster". When, in reality, the different visas serve a purpose.

So, if you marry her in Korea, you will have to file for a CR1 Visa, which is to bring your foreigner spouse into the US. That's the one you should file for, if your plan of marrying her overseas stands.

[Justine+David 218]

You could get legally married now and then apply for a CR1 and then still have your religious ceremony in July...

I applied for a K1 visa and we ended up getting legally married two weeks after he got here in June 2010 and then had our Catholic wedding in September 2010...

[Peter_Pan 661]

Also, do you make enough money to bring her over?

[QWERTYASDF 0]

Married is married. If you marry in South Korea then she's not eligible for a K1 visa. If the consular officer even suspects you've already married then the visa will be denied. If USCIS finds out you married before she came to the US then they'll deny adjustment of status based on the K1 petition. In fact, if this is discovered at any point when dealing with US immigration in the next few years then it will cause problems. It's a can of worms. Don't open it.

Entering the US using the VWP or most other non-immigrant entry passes comes with the condition that you do not intend to become an immigrant before leaving the US. Entering with the preconceived intent to immigrate is illegal. I know some lawyers will recommend you do this because it's possible, and many people get away with it, but that doesn't make it legal, and it also increases the odds the green card application will be denied. Even worse, someone who uses the VWP waives their rights to appeal any decision by an immigration officer. If her adjustment of status were denied then she'd have no option other than to leave the US, potentially with a ban for misrepresentation.

K3 visas are still occasionally issued. The K3 requires the filing of two petitions - an I-130 and an I-129F. If both petitions are approved and sent to the National Visa Center at the same time (and they usually are) then NVC will administratively close the I-129F, and forward only the I-130 to the US consulate. This means that the beneficiary would be applying for an IR1/CR1 visa, regardless if their desire was originally for a K3. The K3 is effectively obsolete.

Get married in Korea. Have a great time. When you return to the US then file an I-130 so your wife can get a CR1 visa.

Jim, thank you for your response and I appreciate it. This is what I was worried, and I'm glad I didn't fill out the form yet, I just wanted to clarify before I can actually start the process. So as for your last statement, You are saying that I have to file I - 130 after I marry her but not before correct? On your Second to last paragraph, you state that I have to file both I-129F and I-130? Sorry I am new to this and I'm kind of confused of that statement so if you can clarify for me that would be great.

Also, do you make enough money to bring her over?

As a student, my parents are supporting me. I have 1 year left of undergrad and I plan on going to grad school right after so my parent will be supporting me until I graduate from grad school. So my parents will be supporting me for my living expanses. So I'm also wondering I have to do anything to state that my parent are going to support me while I'm a student? I am planning on getting a job right after grad school. I do have a part time job working at my apartment office as a part time manager but only getting payed $10 per hour. So, 6 hours per week, that's roughly 60 bucks a week that I make. Yes it's small but I'm more focused on my education first.

As for other responses, thank you. I now understand how this works but if what you guys say is true, I should just marry my fiancee in South Korea, do all the filling in South Korea (to obtain the certificate of marriage).

@fell144,

Well so you mean that I would have to met my fiancee in person within 2 years of my filings? If that's the case then I guess I-129F has no use for me then?

@Celeste & C

From what I understand from your response, I marry my fiancee in Korea, bring her over to U.S and file a I-130 form after I bring her to U.S? It's confusing because you state that I would have to file CR1 and other responds have replied that I would have to file a I-130 form first to get the CR1 correct? and once that happens I can then file whatever form is needed to adjust her status to get a green card?

Anyways, I appreciate your responses and I have understood most of them. I will go with the I-130 route for that matter so if anyone can clarify any further that would be deeply appreciated. Thank you all.

Also reason why I was asking in this part of the section was because when I searched on google about k-3 visa, so I got a lot of information about K-3 not being issued anymore, so with that impression, I was going for the K1 route but if indeed they still accept the I-130 form then like I said, I will have to go with that route.

Edited March 1, 2012 by Kwopau

[C-ma'am 684]

@Celeste & C

From what I understand from your response, I marry my fiancee in Korea, bring her over to U.S and file a I-130 form after I bring her to U.S? It's confusing because you state that I would have to file CR1 and other responds have replied that I would have to file a I-130 form first to get the CR1 correct? and once that happens I can then file whatever form is needed to adjust her status to get a green card?

Anyways, I appreciate your responses and I have understood most of them. I will go with the I-130 route for that matter so if anyone can clarify any further that would be deeply appreciated. Thank you all.

Hey Paul,

Sorry If my answer confused you!

Jim put it more clear for you , on how it should be done. So, to avoid any more mix ups, just refer to his answer: that was more in detail than mine.

[Hank_ 9,171]

Don't both with the K-3 (I-130 & I-129F double filing is just to much BS) do the CR1/IR1 likes most suggest if you marry there.

http://travel.state.gov/visa/immigrants/types/types_2991.html

[QWERTYASDF 0]

Hey Paul,

Sorry If my answer confused you!

Jim put it more clear for you , on how it should be done. So, to avoid any more mix ups, just refer to his answer: that was more in detail than mine.

Okay so just to clarify this up as to what Jim said. So I technically send both correct? But the question is when? If I understand, I send both after the marriage is taken place outside of U.S? Honestly I don't understand that part, I do understand the I-130 part. My wedding takes place on July, 2012, I will be in Korea from 5/16/12 to 8/23/12 and both me and my future wife will come to U.S on 8/23/12, So how then will she enter U.S? She would have to obtain some sort of visa or something in order for her to stay while the I-130 is in process and approved.

[Peter_Pan 661]

Okey.

Are you an US citizen? I assume you are.

Unless your wife has another type of visa that allows her to enter the US, she will not be able to come with you. You have to go back to the US, and file a petition for her, that is CR1/IR1. That visa takes around 8 months to run its course, then she can join you. Remember you have to prove that you can financially support her (you are allowed to a co-sponsor, but I think it has to be an USC as well).

[matrixIII 0]

One other option is that you can go back home now. Do a registered marriage with a few witness. Come back to US. Get the CR1 ball rolling. Do the religious ceremony in June. That will speed up the process 3 months. Of course the plan requires more financial support (airfare, etc) and since you are a student it may be hard to go back right now.

[QWERTYASDF 0]

Okey.

Are you an US citizen? I assume you are.

Unless your wife has another type of visa that allows her to enter the US, she will not be able to come with you. You have to go back to the US, and file a petition for her, that is CR1/IR1. That visa takes around 8 months to run its course, then she can join you. Remember you have to prove that you can financially support her (you are allowed to a co-sponsor, but I think it has to be an USC as well).

I am a U.S citizen, thus that is why I'm asking all these. If I wasn't then I wouldn't bother with this type of stuff. I've been reading about the financial supports stuff so I've read about co-sponsor. However both my parents are Korean citizens. Both my sister and I are the only U.S citizen in the family. However, because my sister currently holds a dual citizenship both Korean and U.S citizen (she was born in U.S) so off the bat she is a U.S citizen, however because we moved to Korea I was in high school and she in middle school, she was under the age so she had gotten a Korean citizenship as well (law changed so if Korean consulate finds out, she will have to choose one and give up the other). Technically, my parents is supporting me. So I am going to find out more information on this part. Apparently, Joint sponsors would have to be a U.S citizen or permanent resident. I wonder if any of my relative (Cousin) that can do this? I have a cousin who is also a U.S citizen and she does have a job but I don't know if that implies.

As to what you are saying, that even after marriage, that I would have to come alone in the U.S then file her a petition and that could take up to 8 month. Well this is something I will have to discuss with my parents and my fiancee. I would hate to have to come to the U.S to file the I-130 and wait until approved. Not something I have anticipated. If it doesn't work I will find a way. Of course I would rather do it legally and prefer that she comes with me to the U.S together. I cannot wait that long just for I-130 to get approved. However as I said, I will have to discuss this with my family and my fiance and find a way.

One other option is that you can go back home now. Do a registered marriage with a few witness. Come back to US. Get the CR1 ball rolling. Do the religious ceremony in June. That will speed up the process 3 months. Of course the plan requires more financial support (airfare, etc) and since you are a student it may be hard to go back right now.

Unfortunately that isn't going to work out because of school and I can't leave during the middle of the semester and to come back.

Thanks for your responses. However, I'm still gonna call a lawyer that I know just to clarify things up.

[bigdog 376]

This comes down to time, money and waiting, only you and her can make that decision, just do it legal. Good Luck what ever you decide.