K3 / cr1 or ir1 visa aplication?

[miha76max]

Hi everybody!

Me and my fiancee will get married in may this year and I would like to know for which visa I should apply to be able to immigrate in US.

First of all a few details:
I am from Romania and I have 2 kids(under 21) that are living with us for the past 2 years (me and him are living together since 2012). He is american citizen with full rights. We are currently living and working in Abu Dhabi (UAE). We are planning to move to the US next year in july- august (knowing that the visa process takes about a year we have planned accordingly )
I currently have a tourist visa for 10 years under which I have traveled to US with him last year for vacation.
Please advise which visa will be advised in my case?

Thank you !
Mihaela

[rayb]

Unless you enter the U.S. again with your visitor visa, then marry in the U.S. and opt to be processed with Adjustment of Status without leaving, your visa options are limited to ONE VISA CLASS (CR-1).

1. The K3 visa is not longer a reliable option. It is possible to submit a K3 application after you have the receipt notice for an I-130 petition submittal, but USCIS will favor the I-130 for immigrant visa processing and nothing happens to the K3 application.

2. An IR-1 visa is for spouses of marriages of two years and longer.

3. Your visa type, after marriage abroad, would be a CR-1, which results in a two-year "Conditional" Green Card, which can be converted to a 10-year Green Card after one year and 9 months and a $590 fee, with evidence of a continued marital relationship.

4. You husband must also submit I-130 petitions for your children who were under age 18 at the time of your marriage to him.

5. If any of your children were already 18 at time of your marriage, you will have to petition them after you arrive in the U.S., and they will then be subject to quota wait delays.

6. Had the K3 visa option still been available to you, your children aged 18 through 20 would have been eligible for derivative K4 visas, and it would still be worth submitting the K3 followup petition after the I-130 is accepted, but, as described above, don't count on the K3 visa being processed.

--Ray B

Hi everybody!

Me and my fiancee will get married in may this year and I would like to know for which visa I should apply to be able to immigrate in US.

First of all a few details:
I am from Romania and I have 2 kids(under 21) that are living with us for the past 2 years (me and him are living together since 2012). He is american citizen with full rights. We are currently living and working in Abu Dhabi (UAE). We are planning to move to the US next year in july- august (knowing that the visa process takes about a year we have planned accordingly )
I currently have a tourist visa for 10 years under which I have traveled to US with him last year for vacation.
Please advise which visa will be advised in my case?

Thank you !
Mihaela

[miha76max]

Dear Ray,

Thank you very much for the info.
Do you have any idea how long this process will take?
And...my kids and I are allowed to travel to US while the visa papers are in process?

regards,
Mihaela

[rayb]

If an immigrant petition is already in process for you, entry to the U.S. or even obtaining a visitor visa, will probably be blocked, since you will be considered an planning to stay after arriving on a temporary visa.

--Ray B

Dear Ray,

Thank you very much for the info.
Do you have any idea how long this process will take?
And...my kids and I are allowed to travel to US while the visa papers are in process?

regards,
Mihaela

[miha76max]

How long this process will take if we have all the papers ready?
Hiring a lawyer will speed up the process?

thank you!
Miha

[rayb]

An attorney has no special knowledge or ability to make the visa process go any faster than anyone else who completes and submit the paperwork properly.

For which visa type or procedure are you asking?

--Ray B

How long this process will take if we have all the papers ready?
Hiring a lawyer will speed up the process?

thank you!
Miha

[miha76max]

I'm asking for CR-1 , as you suggested.

We have an American Embassy here in Abu Dhabi (in case we need to submit papers or any other procedures that need to be followed).

You are really helpful! Visa info can be quite confusing and getting some guidance is always welcomed. Thanks a lot!

Mihaela

[Rjohn]

Similiar dilemna but married

I'm in a similiar situation, however I've been married to my foreign wife overseas for 10 years (I'm a USC). I have two step daughters (one who will turn 21 in 5 mo) and one daughter. I've been pulled to the US at the sudden death of a parent so am seeking best method of bringing family back. I came across a site that claimed DHS was not processing K3's anymore, which is the only reference I found to this. It seems K3 is recommended alot.

why is the K3 visa is no longer a reliable option?

Any advice is appreciated.

[rayb]

K3 visas were found to be "redundant," as they no longer saved time for spouses to get to the U.S.

That could be different now if K3's were revived by USCIS, and you can still submit a K3 application after you get our I-130 receipt, but the K3 application will probably not leave the U.S.

--Ray B

I'm in a similiar situation, however I've been married to my foreign wife overseas for 10 years (I'm a USC). I have two step daughters (one who will turn 21 in 5 mo) and one daughter. I've been pulled to the US at the sudden death of a parent so am seeking best method of bringing family back. I came across a site that claimed DHS was not processing K3's anymore, which is the only reference I found to this. It seems K3 is recommended alot.

why is the K3 visa is no longer a reliable option?

Any advice is appreciated.