k-1 or green card

[misiek303]

I have a simple question about my current situation, hope you will be able to answer as I can't find it. I am polish and US Citizen. I have marriage my wife in USA few months ago. We are together 5 years so extended her visit in US about this period. Unfortunately we both had to leave the US (our families issues). From months ago perspective it was not a problem for us, thought we can go back with less bureaucracy. If you advise what we should do.

1. both stay in poland and apply for k-1 visa or I should be in US that time
2. both stay in poland and apply straight for green card or I should be in US.

Not sure what is best solution for less risk that Immigration won't let her in. Is there another option ?

Thank You and Looking forward to your reply
Michal

[barbarajlw]

I have a simple question about my current situation, hope you will be able to answer as I can't find it. I am polish and US Citizen. I have marriage my wife in USA few months ago. We are together 5 years so extended her visit in US about this period. Unfortunately we both had to leave the US (our families issues). From months ago perspective it was not a problem for us, thought we can go back with less bureaucracy. If you advise what we should do.

1. both stay in poland and apply for k-1 visa or I should be in US that time
2. both stay in poland and apply straight for green card or I should be in US.

Not sure what is best solution for less risk that Immigration won't let her in. Is there another option ?

Thank You and Looking forward to your reply
Michal

I am a little confused here. You can't apply for a 129f petition to get a K1 visa if you are already married.
As you are married and you are the USC you will have to go back to the USA and petition for a CR1 spousal visa.

[nichole]

As stated above or--

If you have residence established in Poland, you might be able to do direct consular filing at the US embassy in Poland. That normally goes faster than applying to USCIS with you back in the US. You file the I-130 directly to the embassy.

From the US Embassy at Warsaw website:

Who may file an immigrant petition for alien relative (form I-130) at the U.S. Embassy in Warsaw or U.S Consulate General in Kraków?The Consular Section of the U.S. Embassy in Warsaw and the U.S. Consulate General in Kraków accept immigrant petitions filed by American citizens resident in Poland for their spouse or unmarried children under 21 if the spouse or child resides in Poland. To demonstrate residency in a consular district, the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Since the Embassy in Minsk currently does not accept immigrant petitions, American citizens resident in Belarus, filing for spouses and children resident in that country can file their I-130 petitions in Warsaw.

[misiek303]

Great news, do you know any cases that this petitions has not been approved because of the alien was in US before illegal ?

As stated above or--

If you have residence established in Poland, you might be able to do direct consular filing at the US embassy in Poland. That normally goes faster than applying to USCIS with you back in the US. You file the I-130 directly to the embassy.

From the US Embassy at Warsaw website:

Who may file an immigrant petition for alien relative (form I-130) at the U.S. Embassy in Warsaw or U.S Consulate General in Kraków?The Consular Section of the U.S. Embassy in Warsaw and the U.S. Consulate General in Kraków accept immigrant petitions filed by American citizens resident in Poland for their spouse or unmarried children under 21 if the spouse or child resides in Poland. To demonstrate residency in a consular district, the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Since the Embassy in Minsk currently does not accept immigrant petitions, American citizens resident in Belarus, filing for spouses and children resident in that country can file their I-130 petitions in Warsaw.