Immigration Site

news, advice, info

Topic1 Immigration visa procedure for US citizen to bring his spouse to US

Immigration visa procedure for US citizen to bring his spouse to US

Hi All,
I am a US citizen and planning to marry my fiance in this year. She is currently living in India and planning to bring her to US after marriage. I dont know which is the fastest way to bring her to USA after marriage. AFAIK I can bring her to USA on Immigration (Green Card) or K-3 visa. Which is the fastest way to bring her? And are there any other visa which is better than above two options? Can someone share their experiences or suggestion about how to get started with the procedure?

NOTE: Marriage will be held in India so I can file any petition at US consulate in India while I am there.

Thanks in advance!

The fiancee visa would be faster than the immigrant visa, but the fiancee visa requires delaying the marriage until she enters the US with the visa.

NOTE: Marriage will be held in India so I can file any petition at US consulate in India while I am there. Filing directly with the consulate requires the US citizen sponsor (you) to live there for a certain number of months before you can file it. So unless you plan to spend the required number of months in India, youll need to file the petition with a USCIS office, and then it will later be forwarded to the towards the end of the process.

The fiancee visa would be faster than the immigrant visa, but the fiancee visa requires delaying the marriage until she enters the US with the visa.


Filing directly with the consulate requires the US citizen sponsor (you) to live there for a certain number of months before you can file it. So unless you plan to spend the required number of months in India, youll need to file the petition with a USCIS office, and then it will later be forwarded to the towards the end of the process. thanks for your response. Isnt it true that married spouse can also file for K-3 visa while green card file is in process? Are you saying that I cant file K-3 petition while I am in India if I dont stay there for a certain amount of time? I am not sure if I completely understood what you have said in your response.

A USC SPOUSE can file an I-129F for a K-3 AFTER they file the I-130 and get a receipt or approval notice. You are using time waiting to go abroad to get married. Then you have to file the I-130 in the U.S. (USCIS Chicago Lockbox). Then you WAIT for a receipt or approval notice then file the I-129F and WAIT for that to be approved and forwarded to KCC (Kentucky Consular Center) then forwarded to the Consulate and then they contact her to file an application and go through almost as much processing as for the Immigrant Visa. IF she arrives in K-3 status then you have to file the Adjustment Application.

An I-129F for a Fiance K-1 is faster to have her living with you but she will still have to adjust.

The I-130 for Consular Processing will take a little longer but she will arrive as an LPR and get a greencard in the mail within a month of entry.

Prioritize. Are you in a hurry to be living together or in more of a hurry for her to get her LPR status? You two have to decide.

Any of these 3 paths will result in a conditional greencard and will require the I-751 to lift conditions later.

 
Other

National Interest Waiver 1