Is there an expided method for bring the mother of my American children to the U.S?

[Jimxxx 1]

I am an American and I have 3 young American children with my foreign partner who I am not married with. We are all currently living outside of the U.S.  Is the quickest or only method to bring my family to the U.S. is to get married and then file the I-130 petition?

I assume this will take more than 6 months for my partner to enter the U.S. 

 

I understand there is a provision in the K-3 that would allow my foreign spouse to come to the U.S while the I-130 is pending but I understand this can take around 6 months also.

 

Any advice is appreciated. Thanks

[Crazy Cat 41,982]

Forget the K-3.  K-3s are non-existent.    Your options are a K-1 fiance visa or a CR-1 spousal visa after marriage.  Expect either of those to take about 18-24 months from filing to visa in hand.  A CR-1 would be the logical choice since you are currently together.   The only way to expedite would be if you qualify for Direct Consular Filing with exceptional circumstances at your local consulate (after marriage).

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

Edited January 18, 2023 by Crazy Cat

[JeanneAdil 6,562]

follow crazy cat's advice

marry and apply

 

as all the fees for fiancee visa are in the process of approval to go up 

 

make sure u have done US tax returns

have a US residency established 

the kids have their US passports 

 

and quickest ??? does not exist in immigration

[SalishSea 17,937]

1 hour ago, Jimxxx said:

I assume this will take more than 6 months for my partner to enter the U.S. 

More like 2+ years.

[SalishSea 17,937]

1 hour ago, Jimxxx said:

I understand there is a provision in the K-3 that would allow my foreign spouse to come to the U.S while the I-130 is pending but I understand this can take around 6 months also.

K3s are no longer a thing.  After you successfully petition your spouse, she will apply for a CR-1 visa at the local US consulate.

[Jimxxx 1]

Thanks everyone, my children to have U.S. passports.

 

[Kyleandandrea 16]

4 hours ago, Jimxxx said:

Thanks everyone, my children to have U.S. passports.

 

What country is your wife from?

[Jimxxx 1]

46 minutes ago, Kyleandandrea said:

What country is your wife from?

Colombia, another issue we are not in Colombia.

[SalishSea 17,937]

3 hours ago, Jimxxx said:

Colombia, another issue we are not in Colombia.

She can interview at the local consulate of another country, as long as she is a legal resident.

[Boiler 45,693]

The quickest method is DCF, if at short notice you need to relocate due to work.

[iwannaplay54 985]

22 hours ago, Jimxxx said:

I am an American and I have 3 young American children with my foreign partner who I am not married with. We are all currently living outside of the U.S.  Is the quickest or only method to bring my family to the U.S. is to get married and then file the I-130 petition?

I assume this will take more than 6 months for my partner to enter the U.S. 

 

I understand there is a provision in the K-3 that would allow my foreign spouse to come to the U.S while the I-130 is pending but I understand this can take around 6 months also.

 

Any advice is appreciated. Thanks

K3 still involves a processed and approved petition.  Requires filing I130 and I139F.  Still in the law, but getting one is like winning a lottery.

SO:  Your best bet is file an I130 petition and wait it out.  The ONLY path I know that is quick is “sudden unexpected relocation to the US due to job” or similar circumstances and in those very limited circumstances you can process your petition and the whole puppet show through your local embassy.

Gotta be married first.  That’s step 1. 
What country are you living in?  We’ve done both.  K3.  DCF.  LOL

Edited January 19, 2023 by iwannaplay54

[Boiler 45,693]

Actually getting a K3 might be losing the lottery, just think of all the hassle still to come.

[Jimxxx 1]

23 minutes ago, iwannaplay54 said:

K3 still involves a processed and approved petition.  Requires filing I130 and I139F.  Still in the law, but getting one is like winning a lottery.

SO:  Your best bet is file an I130 petition and wait it out.  The ONLY path I know that is quick is “sudden unexpected relocation to the US due to job” or similar circumstances and in those very limited circumstances you can process your petition and the whole puppet show through your local embassy.

Gotta be married first.  That’s step 1. 
What country are you living in?  We’ve done both.  K3.  DCF.  LOL

Traveling in Peru at the moment and do not have residency.

[iwannaplay54 985]

24 minutes ago, Jimxxx said:

Traveling in Peru at the moment and do not have residency.

Then you have no quick path.

[Crazy Cat 41,982]

Expecting a K3 is unrealistic.  I show only 5 were issued world wide  for the entire FY 2022

Edited January 19, 2023 by Crazy Cat