Need Advise K1 versus K3 Visa

[rdmtulsa]

I have initiated the K1 application (I-129F) for my fiancee from Ukraine to join me in Tulsa, Oklahoma. My company has just assigned me to a 2 year project which will require me to reside in Mumbai, India. My question is can I continue with the K1 process - get married in the USA, apply for Greencard, then depart USA with my wife or do I need to cancel the K1 process and go the K3 route? Can't get an appointment with the US Consulate so need to "reach out" to others.

[nichole]

This is really bad timing by your company. Shame it couldn't be delayed a year. You can make an infopass appointment at your Oklahoma USCIS office to ask questions. I don't know what consulate you wanted to make an appointment with, but USCIS issues greencards. I'm going to throw out random thoughts that come to mind for you to think about.

K1
A K1 visa holder can't just marry and leave. K1 gets her into the US one time, then it's no longer valid.

She can file for AOS (greencard) along with the I-131 Advance Parole travel document. So that will take about 2 months to receive after you file. Then she can leave the US and get back in. She would have done her biometrics appt in OK by then.

K3
Those aren't being given so much anymore since Feb 2010 changes. She could end up with CR1 visa instead. And your clock, money, and paperwork start over for both of those.

K3 visas are good for in and out of the US for 2 years, so no need for the I-131 travel document. She would have to be in the US for a biometric appt which is assigned to you and you won't know when it will happen and later an interview.

CR1
May take just slightly longer than K1, but she enters the US eligible for a greencard which is supposed to be issued a few weeks after she enters the US.

Adjustment of Status from K1/K3 (greencard) Does not apply to a CR1 visa holder who doesn't file for AOS
How will you attend the biometric and interview appointments which will be held in OK maybe 2-3 months apart?

How will you show domicile in the US for yourself?

After the greencard
What will you do about not remaining out of the US longer than 6-12 months so her green card won't be revoked? I can't quote you those rules, but something for you to investigate. There's re-entry permits but you need to figure it all out or make trips back to the US to meet the rules. Time out of the US is also deducted from her (normally 3 years) residency for applying for citizenship. Once she is a citizen she can leave on assignments with you for any period of time.

Does she want to live in India for two years? Have you explained that she won't get to live in the US for some time?

[rdmtulsa]

Thanks Nicole

This is really bad timing by your company. Shame it couldn't be delayed a year. You can make an infopass appointment at your Oklahoma USCIS office to ask questions. I don't know what consulate you wanted to make an appointment with, but USCIS issues greencards. I'm going to throw out random thoughts that come to mind for you to think about.

K1
A K1 visa holder can't just marry and leave. K1 gets her into the US one time, then it's no longer valid.

She can file for AOS (greencard) along with the I-131 Advance Parole travel document. So that will take about 2 months to receive after you file. Then she can leave the US and get back in. She would have done her biometrics appt in OK by then.

K3
Those aren't being given so much anymore since Feb 2010 changes. She could end up with CR1 visa instead. And your clock, money, and paperwork start over for both of those.

K3 visas are good for in and out of the US for 2 years, so no need for the I-131 travel document. She would have to be in the US for a biometric appt which is assigned to you and you won't know when it will happen and later an interview.

CR1
May take just slightly longer than K1, but she enters the US eligible for a greencard which is supposed to be issued a few weeks after she enters the US.

Adjustment of Status from K1/K3 (greencard) Does not apply to a CR1 visa holder who doesn't file for AOS
How will you attend the biometric and interview appointments which will be held in OK maybe 2-3 months apart?

How will you show domicile in the US for yourself?

After the greencard
What will you do about not remaining out of the US longer than 6-12 months so her green card won't be revoked? I can't quote you those rules, but something for you to investigate. There's re-entry permits but you need to figure it all out or make trips back to the US to meet the rules. Time out of the US is also deducted from her (normally 3 years) residency for applying for citizenship. Once she is a citizen she can leave on assignments with you for any period of time.

Does she want to live in India for two years? Have you explained that she won't get to live in the US for some time?

Thanks Nicole: You've given me some things to think about and investigate. Will visit with her the week of 22 Nov. and try my best to explain the Weird Rules in the USA for these things.

[BigJoe5]

Depending on the nature of YOUR employment, SHE could be eligible for early naturalization under INA 319(b). Read that section and see if you qualify. If eligible, she would not be required to have any set amount of time as an LPR, physical presence or continuous residence. She would just have to meet good moral character and be in a bona fide marriage to a USC who has qualifying employment abroad.

[rdmtulsa]

Thanks BigJoe

Depending on the nature of YOUR employment, SHE could be eligible for early naturalization under INA 319(b). Read that section and see if you qualify. If eligible, she would not be required to have any set amount of time as an LPR, physical presence or continuous residence. She would just have to meet good moral character and be in a bona fide marriage to a USC who has qualifying employment abroad.

Where do I find this INR???

[BigJoe5]

go to uscis.gov then LAWS then Immigration and Nationality Act