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Posted

Hello, I am an Indian and I love my girlfriend who is a USA Citizen. I am currently in India and my Visa is not any more valid. We both decided to get married and settle in the USA. We both want it to be as soon as possible. The Fiance Visa Application process takes 7-8 months so we are not willing to try that first. We decided that we should marry in India and then I should apply for a depended visa or something.

 

My Question are :

1) Please, can someone enlighten us the process of achieving what we are trying?

2) Does Special Act marriage takes a lot of time and is Required?

3) NOC (No Objection certificate) is to be generated in the USA by her for getting her married here?

4) Most important - What are the steps or process of she getting here and marry me and all to till I can go with her to the USA?

 

Any help, useful links, comments are really appreciated. Moreover, can anyone help us in doing all this? Thanks in advance and hoping for getting positive replies or comments. Thank you.

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

Have you met each other yet? 

 

The fiance petition is faster, but it's a longer time until you can work/travel, and is more expensive. The 2nd Notice (NOA2) takes 6-7 months, then another 3-4 months to go through the NVC stage and get an interview. 

The CR1 visa (for a spouse) takes 12-14+ months (depending on what service center it goes through). So either way, you are not going to get to the US fast. It will probably be a year or more no matter what route you have. 

 

If you want an APPROVED petition, spend time getting to know each other to build good solid evidence for a real relationship - don't just rush into a marriage because your visa may not get approved with little evidence. 

 

I don't know the steps for her getting married in India, but to figure out which visa is right for you, you can look here:

http://www.visajourney.com/content/compare

 

And then follow the guides at the top for the steps involved. Nothing about this is fast or cheap. 

Filed: AOS (pnd) Country: Thailand
Timeline
Posted

K1 (Fiance) is taking closer to 10 months, minimum.  You cannot get married until you come to the USA to do it.  Then there is AOS, work authorization, Advanced Parole, and other forms that need to be submitted.  This adds another 4-6 months to the process.

If you get married in India, you will need to file for a CR1 visa.  It will take longer, but once issued the visa process is complete.  12-14 months for this.

 

Go to the forums and read up on the pros/cons of each one.  Links below:

 

 

http://www.visajourney.com/forums/forum/80-k-1-fiancee-visa-process-amp-procedures/

 

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

Posted (edited)

Thank you very much eandh0904, that sounds very sad that I cant go and spend my time with her soon. We dated more than 2 years so I believe we should have evidence. What kind of evidence do they believe? Like pictures of us dancing together or other on Facebook and all? Thank you very much all the info though.

Edited by mAcintosh
Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

You and your fiance need to read up and research the visa process. CR1 is the name of the visa petition for a spouse. Once your process is complete with either visa, you can come to the US anytime - but with the K1 (fiance) you won't be able to work or travel out of the US until you adjust your status, which takes another 4-6 months. With the CR1 Spouse visa, you can work as soon as you get to the US. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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