Questions about K3 visa

[kufloyd]

Hi,

My sister in India may be getting married to a US citizen. The marriage will be in India and I have a few questions on the process..based on my readings so far in this forum, this is how I understand it:

1) Sponsor files an I-130 application
2) Now there's a choice of either waiting for I-130 to get approved or applying for K3 visa. It seems like K3 is faster...is that true?
3) If they apply for a K3 visa, he has to file a fiance visa petition which gets allocated to a processing center.
4) USCIS mails 797-C after receiving the petition. After petition is approved, they get a notice of action, case goes to NVC and have to appear for interview in India.
5) If interview goes, ok, she gets the visa to come stay with him in the US

Is that right? Approximately, how long does this entire process take? I'm guessing they have to be married before step 1 of this entire process?

Thanks so much...

[nichole]

Hi,

My sister in India may be getting married to a US citizen. The marriage will be in India and I have a few questions on the process..based on my readings so far in this forum, this is how I understand it:

1) Sponsor files an I-130 application
2) Now there's a choice of either waiting for I-130 to get approved or applying for K3 visa. It seems like K3 is faster...is that true?
3) If they apply for a K3 visa, he has to file a fiance visa petition which gets allocated to a processing center.
4) USCIS mails 797-C after receiving the petition. After petition is approved, they get a notice of action, case goes to NVC and have to appear for interview in India.
5) If interview goes, ok, she gets the visa to come stay with him in the US
6) She files for Adjustment of Status ($1070) after arriving in the US to get a greencard and become a permanent resident.

Is that right? Approximately, how long does this entire process take? I'm guessing they have to be married before step 1 of this entire process?

Thanks so much...

That's the K3 process, but it's sort of a dead process now. It used to take a long time for the I-130 to be approved so the I-129F would get her to this country faster. Now the I-130s process as quickly. The USCIS has the policy (for about a year now) that if the I-130 gets approved first or at the same time as the I-129F, they administratively close the I-129F. That means they toss it out and proceed with the I-130 which will result in a CR1 visa. She enters the country approved for a greencard and does NOT do #6 above (Adjustment of Status.) Most married couples get the CR1 now.

Yes, if they aren't married they can't apply for a spouse visa I-130. Not married, you do the I-129F only for a fiance and marry in the US.

[kufloyd]

Thanks for the quick reply!

so going by current Vermont processing center times.. (which is 5 months for I-130), is it true to say that from the time they get married in India to her arrival in the US, it can be up to 5-6 months?

Also, is it better/faster to have her get (legally) married in the US and apply for the fiance visa to get her here?

[nichole]

There are people going past 6 months at the service centers now. Then there's the NVC process, then the consulate. I don't keep up with consulate times in India but there's several months processing after approval of the petition at the service centers before the interview will happen. I have read where where a couple of people who interviewed in Chennai then had to wait months after the interview for additional processing.

I don't think you can say 5-6 months total to get to the US on either visa.