Wondering if K-1 is right for us

[DUB to USA 0]

My fiancee and I both currently live together in Dublin, Ireland. I am here on an expatriate assignment from a US company, and have been resident for 2.5 years. We have planned a ceremony in Ireland in September, but have not yet decided if it will be a legal marriage or simply a blessing. We are trying to figure out if its best for us to go down the K-1 route or try for either a K-3 or DCF. I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary. Based on my research, here's how I see my options:

1) Apply for the K-1 Visa now, have it granted sometime hopefully in July/August. We have a blessing here, then enter the US in the 6-month window under the K-1 and get married in the US. Risk is that they grant the K-1 visa too early and I have to somehow move to the US earlier than planned.

2) Get married now and file for a K-3 or DCF.

3) Get married at our ceremony and apply for a K-3 or DCF and hope it gets approved in 6 months.

Any thoughts on this?

If we begin the K-1 Visa process now, and the visa is not yet granted by September, would it be possible for us to do a legal marriage in Ireland and change the petition from a K-1 to a K-3 and not add time to the process?

Any thoughts or comments would be appreciated.

[payxibka 10,045]

I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary.

You are already in trouble. Sorry but an extention of a month or two from December 2006 simply won't be enough time.

[Alex+R 0]

There is no way to change a petition from K1 to K3. It is a starting-all-over-again type of thing. So if I understand, you guys are trying to minimize time apart and have a wedding in September?

If Ireland has DCF you should use that option. DCF is nearly always best!

[Alex+R 0]

Ok I understand a little better now. The first thing you need to do is find out how long DCF takes usually in Dublin, I suppose...

[jmitchell 0]

I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary.

You are already in trouble. Sorry but an extention of a month or two from December 2006 simply won't be enough time.

Why do you say that he is already in trouble? A K1 visa only takes 6-7 months to get and that is only Sept!

Your K1 visa has a Nov date and should be approved by May right?

[Alex+R 0]

I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary.

You are already in trouble. Sorry but an extention of a month or two from December 2006 simply won't be enough time.

Why do you say that he is already in trouble? A K1 visa only takes 6-7 months to get and that is only Sept!

Your K1 visa has a Nov date and should be approved by May right?

He's just making a (dumb) joke because she wrote 2006 instead of 2007

[jmitchell 0]

I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary.

You are already in trouble. Sorry but an extention of a month or two from December 2006 simply won't be enough time.

Why do you say that he is already in trouble? A K1 visa only takes 6-7 months to get and that is only Sept!

Your K1 visa has a Nov date and should be approved by May right?

He's just making a (dumb) joke because she wrote 2006 instead of 2007

Does anyone know how often they update the date they are working on in CSC for the K1 visa 's. It was last posted on Dec 18th. That states they are working on June 15th.

[misa 2]

If you have the option to do DCF in Dublin, you could marry and apply for an immigrant visa (CR-1). Your fiance would enter the U.S. then as an immigrant with green card and not have to adjust status after entry. So definitely check with Dublin to see if they will do DCF filing.

[Alex+R 0]

I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary.

You are already in trouble. Sorry but an extention of a month or two from December 2006 simply won't be enough time.

Why do you say that he is already in trouble? A K1 visa only takes 6-7 months to get and that is only Sept!

Your K1 visa has a Nov date and should be approved by May right?

He's just making a (dumb) joke because she wrote 2006 instead of 2007

Does anyone know how often they update the date they are working on in CSC for the K1 visa 's. It was last posted on Dec 18th. That states they are working on June 15th.

They do it arbitrarily. Something like every two weeks or so. Those processing times don't mean anything and comparing VJ timelines is a better idea. What on earth does that have to do with this thread?

[DUB to USA 0]

Thanks for all the quick replies everyone. Sorry for the 2006/2007 mistake...I definitely meant Dec 2007.

I have read a lot about the DCF and based on some posts in the DCF thread it seems that they do grant them in Dublin, but all of the timelines I've seen show that it still takes 6 months normally, up to 12. That doesn't really seem to be a quicker process than the K-3, but it would make life a lot easier if we were to get the VISA that way.

Glad to know you can't change from K-1 to K-3, makes sense. I would think that since the process is similiar and asks for a lot of the same information it would be easier going through it for the 2nd time...

Do you think it would be worthwhile to try to arrange an appointment with the immigration section of the US Embassy here to confirm for certain that they accept DCF's and normally how long the process takes?

[payxibka 10,045]

I am slated to return to the US around December 2006, but may be able to extend it by a month or two if necessary.

You are already in trouble. Sorry but an extention of a month or two from December 2006 simply won't be enough time.

Why do you say that he is already in trouble? A K1 visa only takes 6-7 months to get and that is only Sept!

Your K1 visa has a Nov date and should be approved by May right?

Read what the OP wrote... It is not a DUMB joke it is what they said....

[misa 2]

Thanks for all the quick replies everyone. Sorry for the 2006/2007 mistake...I definitely meant Dec 2007.

I have read a lot about the DCF and based on some posts in the DCF thread it seems that they do grant them in Dublin, but all of the timelines I've seen show that it still takes 6 months normally, up to 12. That doesn't really seem to be a quicker process than the K-3, but it would make life a lot easier if we were to get the VISA that way.

Glad to know you can't change from K-1 to K-3, makes sense. I would think that since the process is similiar and asks for a lot of the same information it would be easier going through it for the 2nd time...

Do you think it would be worthwhile to try to arrange an appointment with the immigration section of the US Embassy here to confirm for certain that they accept DCF's and normally how long the process takes?

I think you're looking at regular CR/IR timelines. With DCF, you don't have to go through the whole pay this fee bill, generate this form, etc. They approve your petition at Dublin and they schedule your interview. You don't have to go through the whole process of generating fee bills, barcodes, etc. How fast it will take in Dublin depends on how fast they approve your petition and grant you an interview.

Definitely give them a call and ask them about how long it takes for them to adjudicate the petition and how long until an interview is granted.

Edited January 16, 2007 by misa

[Alex+R 0]

Yes and let me add that every consulate/embassy does DCF if both people are residents of its country.

If I were you, I'd marry now, do DCF, and then have my wedding in September. And then move to the US.