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I met someone while on my trip to India and fallen in love. I am US Citizen. I am evaluating if I should get married to her and apply for spouse visa or apply for k1. I read there are new immigration rules being introduced and if that’s going to cause delays in getting her here and be able to start my married life. It’s going to be first marriage for both. I am early 40 and she mid 30. It’s a genuine love and I can’t wait to get married to her. Please advise.
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There are no new rules coming or being proposed that will impact your ability to bring your girl home.
Advantages of k-1 visa:
* No need to marry before she is in the USA and if she finds life in the USA is not to her liking, no marriage so no divorce.
* She gets to USA faster.
Advantages of spouse visa:
* She is a permanent resident as soon as she arrives in the USA. Can work, can travel outside the USA, can easily get drivers license, etc.
* costs less money. -
There are pros and cons to each process, as Mike E stated.
A K1 fiance visa will enable her to arrive in the United States faster than applying for a green card abroad. However, on a K1 visa, you will have 90 days to marry and once you marry, you will have to file an I-130/I-485 petition with an I-765/I-131 for work and travel, which is currently taking 5-7 months to process. This means that she will potentially be stuck in the US without work authorization for up to 10 months. For some people, this is okay. For others, it would be extremely difficult. It also costs more, because you have to pay for the I-129F fiance petition and then again for the GC. Of course the tradeoff is less time spent apart.
In general, I would say that marrying and applying for the green card abroad is better if you a) either don't mind being apart or if you can remain with her in her country or a third country and b) if she has a career or job or family obligations that will take time to wrap up and/or are financially/personally necessary. Fiance petition is better if you want to be together in the US ASAP and don't mind the restrictions/increased cost.
Ultimately you need to decide what your priorities are and then choose the route that more closely matches up with those.
Good luck!2/20: Received at Chicago lockbox
4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
4/19: Request to expedite EAD
5/11: Received EAD
6/26: Applied for Advance Parole
8/09: Advance Parole approved
8/29: Scheduled for Interview
10/11: Interview
10/12: RFE on I-130 (misplaced G28)
10/16: Sent new G28
10/19: Approved!Comment
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If she has a child between the ages of 18 and 21, her getting K1 will allow the child to immigrate on K2, whereas you cannot petition a stepchild for an immigrant visa if the marriage occurred after they turned 18.
This is my personal opinion and is not to be construed as legal advice.Comment
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Hello,
pleas im a Nigerian, i found genuine love in an America in which she came to Nigeria and we got married, now she is back to united state, but wants me to be with her in America in less than two months, pleas what kind of petition or application can we process to make this happen faster?Comment
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Hello,
pleas im African, i found genuine love in an America in which she came to Africa and we got married, now she is back to united state, but wants me to be with her in America in less than two months, pleas what kind of petition or application can we process to make this happen faster?Comment
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