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Can I file I-130 before marriage?

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  • Can I file I-130 before marriage?

    Hi, I'm a US citizen planning to get married to my fiance in Korea in March. I know it's a long process and would like to get started as soon as possible so I was wondering if it's possible to file the i-130 form before the actually wedding.
    It looks like I need to include a copy of the marriage certificate so does that mean I can't file it before the wedding?
    Also, I plan to apply for the K-3 visa so she can come to the US sooner. Does anyone know how long that process will take before she can actually come here?
    I will come back from Korea in early April, at which time I will start the process with the i-130 (unless I can file it sooner). I was wondering when I should expect her to come to the states if everything goes smoothly.
    Thanks in advance.

  • #2
    No. You can only file it after marrying.

    Also, K-3 is obsolete. It does not get you to the US sooner and you basically can never get one.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      If you are already legally married and have the certificate then you do not need to wait to have the actual wedding although it is a good idea to file after the latter.

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      • #4
        Originally posted by newacct View Post
        No. You can only file it after marrying.

        Also, K-3 is obsolete. It does not get you to the US sooner and you basically can never get one.
        oh really? I read that I can file i-129F after the I file the i-130 for the K-3 visa so I can get my fiance to the US sooner.
        that's no more? So she would have to finish the process while she's in korea? that's a bummer.
        any other options to bring her here sooner?

        - - - Updated - - -

        Originally posted by TarCas View Post
        If you are already legally married and have the certificate then you do not need to wait to have the actual wedding although it is a good idea to file after the latter.
        no we are not married yet. will be in March. I guess I have to wait..

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        • #5
          Originally posted by jaehoppa View Post
          oh really? I read that I can file i-129F after the I file the i-130 for the K-3 visa so I can get my fiance to the US sooner.
          that's no more? So she would have to finish the process while she's in korea? that's a bummer.
          any other options to bring her here sooner?
          It's not a bummer because the process is already fast, just as fast as K-3. The reason you can't get K-3 is I-129F takes as long as I-130 to process, and as soon as I-130 is approved I-129F is cancelled. K-3 is worse even if you can get it because you have to go through a yearlong Adjustment of Status process (which costs $1225) in the US after entering before you become a permanent resident, whereas with an immigrant visa you immediately become a permanent resident.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            Originally posted by newacct View Post
            It's not a bummer because the process is already fast, just as fast as K-3. The reason you can't get K-3 is I-129F takes as long as I-130 to process, and as soon as I-130 is approved I-129F is cancelled. K-3 is worse even if you can get it because you have to go through a yearlong Adjustment of Status process (which costs $1225) in the US after entering before you become a permanent resident, whereas with an immigrant visa you immediately become a permanent resident.
            thanks again for the reply. I didn't know that. So what I should do is just file the i-130 and wait for the approval and then bring her here.

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            • #7
              I was doing more research and realized I can just apply for a fiance visa (K-1) and just get married at a city hall when she comes over here. Wouldn't this be the fastest way for her to get here?

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              • #8
                Originally posted by jaehoppa View Post
                I was doing more research and realized I can just apply for a fiance visa (K-1) and just get married at a city hall when she comes over here. Wouldn't this be the fastest way for her to get here?
                Yes.

                K-1 takes about 5-6 mos average, then she has 90 days after entering the US to get married. Her AOS process can begin right after the wedding.

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                • #9
                  Originally posted by daggit View Post
                  Yes.

                  K-1 takes about 5-6 mos average, then she has 90 days after entering the US to get married. Her AOS process can begin right after the wedding.
                  so is this the quickest way to get her here? does anyone know how long the i-130 process takes? is this considerably faster?

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