Direct consular filing Vs K3 filing

[san2009]

Hi Everyone,
I have been reading the posts for quite some time now and finally registered today.I like this site as its very helpful and the info is accurate and understandable.
I recently had my citizenship interview and am waiting for my oath letter.I got married to an Indian citizen in 2007 and have been waiting for my citizenship to file for my husband as the process is quicker as compared to applying while on greencard.Now my question is whether I should apply K3 visa for my husband here or try DCF in Delhi?
From whatever I understand,for DCF I have to be in India for 3 months and then I have to file for immigrant visa and it usually takes 5-6 months after thatim ready to do tht if thts faster but the problem is in affidavit of support I need continuation of job and I dont think I can get 3 months leave though I know I can get a job easily whn I get back as Iam a nurse and I dont thk the recession has hit nurses yet.If I get a letter from my employer just before leaving can I use it incase they dont approve my leave and also what will i write on affidavit of support application where I have to mention my employer in case i have to resign.
If anybody has done DCF recently please respond asap....

If I File for K3 it would also take 6-8 months but whn my spouse comes here he would have to file EAD before he can work also his greencard process will take longer.
any help is greatly appreciated
Thanks

[nichole]

Just be very clear on the requirements. There is a difference from "being" in India and "being a resident" in India. You may have to apply for residency or be employed, show a residence lease or things like that. So check that out first and see if it would take time to get those things in place before starting the 3 month clock.

Also you will have to fill out an Affidavit of Support for your husband. If you don't have a US job and a domicile in the US, will you be able to meet those requirements? Check that out too.

In this economy, giving up a secure job is very risky just to save a couple of months of time apart. You will need to file for adjustment of status for him when he gets to the US on a K3 visa and pay another $1010. With that is another Affidavit of Support.

I don't have experience with direct consular filing in India, except that I know the residency is not 6 months like in most countries. Just research better the whole picture before giving up your job, so you won't be disappointed by something you hadn't thought about.

[san2009]

Thanks Nicole

Hi Nicole,
Thanks for your response.I think I am going to apply here but now I have another question that whether I should apply for K3 or Immigrant visa from here.Which according to you is better?
Actually for me a couple of months wait is not a problem.The reason I was interested in DCF was that my spouse could get an immigrant visa and not K3
in 6-8 months.
As far as I know I can apply for K3 after I get I 130 receipt but once I130 gets approved can I just proceed with immigrant and stop K3 processing??
Thanks again

[nichole]

I was thinking K3 mixed in with the DCF. Yes he would be eligible for his green card upon entry to the US with the DCF.

I was looking for some information I can't find right now and will send you a private message when I do. Look near the top/right of the page to see if you have a message.