Thoroughly confused. Need some advice/ Suggestion

[dhman2006 0]

I'm new to this type of immigration related thing. So I'd really appreciate if someone can give me some direction / suggestion regarding my situation. So here's my story:

I recently got engaged overseas (Bangladesh), but we won't get married til February of 2017 as my fiance won't finish her med school til then. As soon as she's done we want to start living together by bringing her here. From what I understand the best options are R-1, K3, and K1.

Now, I've never heard a Bangladeshi couple filing for K-1 and not sure what the usual success rate is for a K-1 visa. I have read online that K-1 is a little "riskier" than conventional R-1 or K-3 visas. What is the validity of that information?

From what I've read K-1 is usually the fastest taking somewhere between 6-10 months, R-1/ K-3 take somewhere between 12-18 months. Now, my questions are:

1) How risky is K1? Should I be moving forward with a K1 visa application if we don't want to get married for 2 more years?

2) If K1 is indeed riskier than K3 or R1, should we get married by December of this year? So basically we forget about K1 and move forward with R1/K3.

So basically all I want is bring her here as soon as she's done with school in February of 2017 and I am wondering given my situation what the best option would be?

[NikLR 13,227]

~~moved from K1 process and procedures to what visa do I need as OP is debating visa paths~~

There is no R-1 visa. It is an IR1 or a CR1 depending on the length of marriage when the beneficiary enters the USA (referred to as POE.)

Don't do a K1 visa until you plan to be married. So file it in about a year because they traditionally only take 6-10 months from start to finish (filing the petition to visa.) You need to be married with 90 days of the beneficiary entering the USA but they normally have 6 months from the medical date in which to enter the USA.

The risk of the K1 doesn't come from the visa, it comes from the fact that the beneficiary doesn't have many rights upon entry to the USA. They need to adjust their status after marriage and until that goes through, they do not have a green card.

[dhman2006 0]

~~moved from K1 process and procedures to what visa do I need as OP is debating visa paths~~

There is no R-1 visa. It is an IR1 or a CR1 depending on the length of marriage when the beneficiary enters the USA (referred to as POE.)

Don't do a K1 visa until you plan to be married. So file it in about a year because they traditionally only take 6-10 months from start to finish (filing the petition to visa.) You need to be married with 90 days of the beneficiary entering the USA but they normally have 6 months from the medical date in which to enter the USA.

The risk of the K1 doesn't come from the visa, it comes from the fact that the beneficiary doesn't have many rights upon entry to the USA. They need to adjust their status after marriage and until that goes through, they do not have a green card.

Hello,

Thanks for your prompt response. I really appreciate it. So in terms of getting the visa, K1 isn't really riskier compared to IR1/CR1 as long as I have enough evidence to support our relationship?

Also we need to get married upon entry into the US and apply for AOS, is that correct? Also will she be able to get SSN upon entry because as far as I know in order to get married in Massachusetts we need to apply for a marriage license which requires SSN from both parties.

~~moved from K1 process and procedures to what visa do I need as OP is debating visa paths~~

There is no R-1 visa. It is an IR1 or a CR1 depending on the length of marriage when the beneficiary enters the USA (referred to as POE.)

Don't do a K1 visa until you plan to be married. So file it in about a year because they traditionally only take 6-10 months from start to finish (filing the petition to visa.) You need to be married with 90 days of the beneficiary entering the USA but they normally have 6 months from the medical date in which to enter the USA.

The risk of the K1 doesn't come from the visa, it comes from the fact that the beneficiary doesn't have many rights upon entry to the USA. They need to adjust their status after marriage and until that goes through, they do not have a green card.

Also what is the average time to acquire green card upon marriage and change of status?

[NikLR 13,227]

In some countries it can be harder to get a K1 but mostly it's because of the sponsorship issue. An embassy or consulate does not have to accept a co-sponsor for a K1 visa but they must accept a joint sponsor for a CR1/IR1 visa because it is a legally binding document. That same document (the I-864) is used later in the adjustment of status in a K1 visa beneficiary. But yes, providing all the proof etc necessary is really what you need.

Yes once she is in the USA she should immediately get an SSN under her visa name. She can change it later to her married name after her EAD arrives (work permit.)

However make sure you talk to your fiancee about all of this. Maybe she wants to get married where all of her friends and family can be there. Maybe not working for 3-4 months upon arrival to the USA will be a hardship she isn't willing to undertake. It's REALLY REALLY boring if you're used to being busy or working. Discuss all the pros and cons (including cost) with her so that your start your life together how you want to, not just "the fastest visa"

[Moustafa/Crystal 65]

It is my understanding it can take up to 12 months to get your green card after marriage plus more money. If it was me knowing what I know now, I would get civilly married as soon as possible. (You can still have your religous celebration in February, 2017) Then I would start the CR1/IR1 14-18 months before she wants to come to the USA. Then she will have her green card as soon as she get here. BONUS: If you have been married for two years upon her entry, she will have a ten years instead of two years on her visa.

[NikLR 13,227]

it can be quick, a few months or it can take over a year.

[Boiler 45,670]

It was mentioned on another thread that Muslim parents would not allow a daughter to travel un wed.

There is a R visa but probably not relevant.

[dhman2006 0]

It was mentioned on another thread that Muslim parents would not allow a daughter to travel un wed.

There is a R visa but probably not relevant.

We are both Buddhist and her parents are ok with it as far as I know.

[dhman2006 0]

It is my understanding it can take up to 12 months to get your green card after marriage plus more money. If it was me knowing what I know now, I would get civilly married as soon as possible. (You can still have your religous celebration in February, 2017) Then I would start the CR1/IR1 14-18 months before she wants to come to the USA. Then she will have her green card as soon as she get here. BONUS: If you have been married for two years upon her entry, she will have a ten years instead of two years on her visa.

Would it be ok if we get married outside of the country? We are planning on visiting Italy this September since her dad lives there. Would it be ok if we got married there and send appropriate documents to USCIS/ NVC while applying for an IR1? Or will that complicate the situation since none of us are Italian citizen (I'm a US citizen and she's a Bangladeshi citizen). Does having a secret clearance for my employment eases the situation?

[NikLR 13,227]

You can get married wherever you want.

No having secret clearance doesn't help you.

[dhman2006 0]

You can get married wherever you want.

No having secret clearance doesn't help you.

So if we get married in Italy, will we need documents from Italy or from Bangladesh? Also if we get the documents in Italy will they be accepted by USCIS?

[Ryan H 3,813]

So if we get married in Italy, will we need documents from Italy or from Bangladesh? Also if we get the documents in Italy will they be accepted by USCIS?

if you marry in Italia, all you will need from there is a the marriage certificate from the relevant issuing authority. When you submit the petition USCIS, you will only submit a photocopy of the certificate. Furthermore, if the certificate is in Italian language only, then an English translation will be required.

[Moustafa/Crystal 65]

I love the idea of getting married in Italy! Perfect! Check that getting married in Italy is a possibility. Some countries have residency requirements.

Get several offical copies of your marriage certificate and an official transaltion of the that document with a letter from the place doing the translating that they are certified translators.

Be sure every time the two of you are together, you pick out 4-12 pictures that represent your time together. Caption them. Put this with plane itneraries, hotel receipts, etc. This will save you time when you go to put your evidence of a bona relationship together.

Good luck!!

Edited January 25, 2015 by Crystal Klein

[frody 14]

I love the idea of getting married in Italy! Perfect! Check that getting married in Italy is a possibility. Some countries have residency requirements.

Get several official copies of your marriage certificate and an official transaltion of the that document with a letter from the place doing the translating that they are certified translators.

Be sure every time the two of you are together, you pick out 4-12 pictures that represent your time together. Caption them. Put this with plane itineraries, hotel receipts, etc. This will save you time when you go to put your evidence of a bona relationship together.

Good luck!!

Just be sure to get in your marriage certificate the " apostille de la Haya" its a requirement that will allow you to present any italian document in any american authorities and be recognized as good.

Apostille is a French word (pronounced "ah-poh-steel"), meaning a certificate issued by a government of a country, authenticating the signature and or seal of a public official on a public document issued by that country, and intended for use in a foreign country.

[Hypnos 6,576]

USCIS does not require foreign documents to be apostilled.

Also, no US state requires you to have a social security number in order to obtain a marriage licence.

Edited January 26, 2015 by Hypnos