K-3 or K-1 Bringing Spouse to US

[Yace 43]

Me and my fiancé have just recently been engaged in the Netherlands. She is Dutch and I am a US citizen. We want to get married in the NL but move to America right afterwards. All the information I have read really doesn't seem to answer any of our questions. By the time we would get to America we will be married but as we want to apply for our visa's we are still engaged. Are we allowed to apply for a K-3 as we are still engaged? It seems that we need to file a K-1 Fiancé visa and a K-3 in order to bring her to America after the marriage but we are unsure of which direct A to B path to follow. Anything helps!

[aleful 1,905]

neither

 

the k1 is to marry and adjust status in the US, she must enter as your fiancé to the US and marry within 90 days

 

if you get married in the Netherlands, then she can't apply for the visa

 

the k3 visa is for married couples, spouses of USC to enter the country and adjust status, but it is practically obsolete, since it takes around the same time as the CR1 spousal visa

 

that Is the one that you would do, file the i130 for her, the process will take around a year for her to come. there is no type of visa where she can come immediately to adjust status.

 

unless you change your minds and decide to marry in the US and go for the k1 visa for her to come to marry. if you marry first, then your only option would be the conditional residency which can take from 8 months to a year for her to come

 

[KULtoATL 1,551]

Further to @aleful suggestions, you can read the following guides before making a decision

 

K-1: http://www.visajourney.com/content/k1guide

 

CR-1: http://www.visajourney.com/content/i130guide1

[Yace 43]

9 minutes ago, aleful said:

neither

 

the k1 is to marry and adjust status in the US, she must enter as your fiancé to the US and marry within 90 days

 

if you get married in the Netherlands, then she can't apply for the visa

 

the k3 visa is for married couples, spouses of USC to enter the country and adjust status, but it is practically obsolete, since it takes around the same time as the CR1 spousal visa

 

that Is the one that you would do, file the i130 for her, the process will take around a year for her to come. there is no type of visa where she can come immediately to adjust status.

 

unless you change your minds and decide to marry in the US and go for the k1 visa for her to come to marry. if you marry first, then your only option would be the conditional residency which can take from 8 months to a year for her to come

 

We are getting Married in the Netherlands yes... but under US Law by having the marriage preformed by a US consulate therefore being recognized as a legal marriage under US Law. That is what makes this different.  

Edited April 3, 2017 by Yace

[aleful 1,905]

it doesn't matter, to be legally recognized, it doesn't have to be performed in a US consulate

 

as long as it performed as a civil marriage, legally recognized in the country you were married, a civil marriage is recognized anywhere you are married, as long as the marriage is recognized in the country it was performed

 

you can get married in a court or however they marry in the Netherlands and it would be recognized here

 

 

[KULtoATL 1,551]

As long as you get married, it's the CR-1. However, your new spouse would have to wait in NL while the petition is pending approval.

[Penguin_ie 5,994]

As mentioned, what you are trying to do is not possible, you cannot apply for a visa while unmarried, and then get married before you move.

Can you bring the wedding forward, or have a quick courthouse wedding now, then apply for the spousal visa, and have the "big wedding/ reception" later, whenever you want?

[milimelo 4,503]

US consulates do not perform marriage ceremonies. 

[Eric-Pris 1,607]

You apply for the marriage visa (CR-1) AFTER you are married, not in anticipation of getting married.  You will need to send in proof (marriage certificate) with the petition.

 

If you decide to do a K-1 (fiancée visa), then you apply whenever you want, but you cannot marry before she enter the US.  You will have to marry in the US.

 

[Ryan H 3,813]

Moved from K3 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.