Dazed and Confused.... Help and Advice Required!!!

[JordanNI 0]

Hi All!

Firstly this website/forum/community is an absolute godsend. I already know so much more than I did and I thought I knew alot. But as always more knowledge equals more questions, so hopefully someone on here can point me in the right direction! Basically I have been with my girlfriend for the last 2+ years. We have been sustaining a long distance relationship over the last 18 months of that period, as we met and were together in Geneva. She left in May 2011 and went back to Boston, and ever since then it has been back and forward across the Atlantic. It sucks alot, but hey you all know what we are going through (finally feels like no explanation is required, you all already understand...) basically we are reaching end game now where there is no reason for us not to be together, I am finishing off my masters at home in Northern Ireland and she is working full time after graduating. I am flying back over to the States in about a month, just for a visit and want to be well informed for the discussion about the next step which is going to take place.

So basically my brain is fried with questions and obviously the main one is which option is best for us and by that I of course mean what option means the least time apart. I looked originally at the K1 visa and what put me off was, I thought until I found this forum, the inability to visit once it was filed. But it does take 6-9 months and to be honest, once I finish my masters there is nothing keeping me here so to me, its just more unneccessary time apart.

So I then thought, OK, what about the K3 option, which obviously appeal more because of the ability to stay in the US once it is filed. But I am confused about the steps. Say for example, we get married in Ireland and on her return she files the I-130 form, and then the I-129F along with the receipt for the USCIS etc etc etc. My question is roughly how long does the process take, from filing of initial I-130 until the K3 is issued by the Consulate? Can you visit the states during this time or is it ill advised?

Any help/comments/suggestions would be VERY much appreciated!!

Jordan

[izabela 10]

Hi All!

Firstly this website/forum/community is an absolute godsend. I already know so much more than I did and I thought I knew alot. But as always more knowledge equals more questions, so hopefully someone on here can point me in the right direction! Basically I have been with my girlfriend for the last 2+ years. We have been sustaining a long distance relationship over the last 18 months of that period, as we met and were together in Geneva. She left in May 2011 and went back to Boston, and ever since then it has been back and forward across the Atlantic. It sucks alot, but hey you all know what we are going through (finally feels like no explanation is required, you all already understand...) basically we are reaching end game now where there is no reason for us not to be together, I am finishing off my masters at home in Northern Ireland and she is working full time after graduating. I am flying back over to the States in about a month, just for a visit and want to be well informed for the discussion about the next step which is going to take place.

So basically my brain is fried with questions and obviously the main one is which option is best for us and by that I of course mean what option means the least time apart. I looked originally at the K1 visa and what put me off was, I thought until I found this forum, the inability to visit once it was filed. But it does take 6-9 months and to be honest, once I finish my masters there is nothing keeping me here so to me, its just more unneccessary time apart.

So I then thought, OK, what about the K3 option, which obviously appeal more because of the ability to stay in the US once it is filed. But I am confused about the steps. Say for example, we get married in Ireland and on her return she files the I-130 form, and then the I-129F along with the receipt for the USCIS etc etc etc. My question is roughly how long does the process take, from filing of initial I-130 until the K3 is issued by the Consulate? Can you visit the states during this time or is it ill advised?

Any help/comments/suggestions would be VERY much appreciated!!

Jordan

I am sorry to tell you but the K3 is an absolute bullshit! My husband filed i130 for me in September and then i129f for K3 in October and we have heard nothing since then!!! He was living with me here in Serbia until October but then he went back to NYC just so he can prove he is domicile in the US. We haven't seen each other for five months and I don't know when USCIS will have mercy to approve either our i130 for a CR1/IR1 visa or our i129f for a K3 visa

[UK-USA-K1 128]

Hi All!

Firstly this website/forum/community is an absolute godsend. I already know so much more than I did and I thought I knew alot. But as always more knowledge equals more questions, so hopefully someone on here can point me in the right direction! Basically I have been with my girlfriend for the last 2+ years. We have been sustaining a long distance relationship over the last 18 months of that period, as we met and were together in Geneva. She left in May 2011 and went back to Boston, and ever since then it has been back and forward across the Atlantic. It sucks alot, but hey you all know what we are going through (finally feels like no explanation is required, you all already understand...) basically we are reaching end game now where there is no reason for us not to be together, I am finishing off my masters at home in Northern Ireland and she is working full time after graduating. I am flying back over to the States in about a month, just for a visit and want to be well informed for the discussion about the next step which is going to take place.

So basically my brain is fried with questions and obviously the main one is which option is best for us and by that I of course mean what option means the least time apart. I looked originally at the K1 visa and what put me off was, I thought until I found this forum, the inability to visit once it was filed. But it does take 6-9 months and to be honest, once I finish my masters there is nothing keeping me here so to me, its just more unneccessary time apart.

So I then thought, OK, what about the K3 option, which obviously appeal more because of the ability to stay in the US once it is filed. But I am confused about the steps. Say for example, we get married in Ireland and on her return she files the I-130 form, and then the I-129F along with the receipt for the USCIS etc etc etc. My question is roughly how long does the process take, from filing of initial I-130 until the K3 is issued by the Consulate? Can you visit the states during this time or is it ill advised?

Any help/comments/suggestions would be VERY much appreciated!!

Jordan

Have you considered getting all your "ducks in a row" (so to speak) and filing BEFORE you graduate? If you know it's a 6-12 month wait, why not go ahead with whichever visa works best for you personally, but file it early enough, so you can time it to be done shortly after you expect to be done with school?

My fiance teaches dance and they have a show every other year, and this year is a "show year". She wanted to see her kids through til they made it through the show before moving over, so we waited to file (we got engaged in July but filed in February). She won't be ready to come before August, and this way we already were waiting anyway, so our real wait won't begin until August, so it will just be a few months and she should be able to come here.

Anyway, it's just a thought, but it might help you in your particular situation.

[Nich-Nick 3,354]

K3 is old news so forget about it. They are basically phased out by newer rulings and it would be extremely rare to get one anymore. K3 also did not allow you to wait in the US. Until you get any of the visas, you can only visit for 90 days on VWP, like you do now.

I like the comment about get started now and let the wait be while you finish school. Marry on your visit with a simple civil ceremony so you get a marriage certificate and can file for the CR1. Plan a fancy ceremony and reception for later if that's what she wants. OR---

--Get all your documents ready and start the K1 fiancé visa process. Don't lock in a future wedding because the time it takes has many variables. You don't have to have a ring and a formal engagement announcement. Just do the paperwork.

CR1 is a better deal because the day you enter the USA, you are a permanent resident and can work, travel out of the US, get a driver license...

With a K1, you have to marry first, then apply for your greencard (permanent residency). You won't be authorized to work or leave the US for about 3 months after you get the papers filed. Getting a driver license is sketchy and if you get one, depending on the state, it may end in 90 days and resume when you get a work authorization card or greencard. A K1 can process a little faster but you have the drawback of being a bit of a nothing for months until you get a greencard or at least the work authorization/travel card. Decide which appeals to you most.

Edited March 8, 2013 by Nich-Nick

[Krikit 1,164]

The K-3 Visa is obsolete so you'll be comparing the K-1 vs the CR-1. You'll want to look at all the pros and cons for each... not just the length of time. The CR-1 is far superior and less costly but take a look at the "Guides" tab at the top of the page for comparison. You will still be able to visit but you will need to carry strong proof of ties so you will not get denied entry.

Moving from IR-1/CR-1 Process to General Immigration-Related Discussion.

Welcome to VJ.

[agrabs 241]

Welcome to VJ!

You will find so much helpful information on this site. As the previous poster stated - read the guides and research which visa would be best for you - don't just pick by which one will seem the quickest, because right now, none of them are quick!

Everyone's situation is different and you will get to the same end result no matter which one you choose. We went the K1 route because at the time it made the most sense for us. In hind site, if i had to do it all over again I would go the CR1 route. Getting your green card issued the day you enter the country is a big advantage. I underestimated how rough those couple of months were for my husband sitting at home, unable to work or drive until the EAD was issued. And, now we are once again waiting and waiting on the green card to be issued. There are lots of things to consider. With either visa you will need plenty of patience!

Good Luck on your journey!