Posted dateMarch 03, 2010 Comment
  • i want to bring my spouse to US. But not sure which way is the best, so here is three options:

    1. now i'm single and plan to getting married next month in Vietnam. Then wait until i become the US citizen to apply K-3 visa for my spouse.
    2. wait until i become US citizen, getting engage.Then file K-1 for my spouse.
    2. getting engage next month. wait until i become US citizen, then apply K-1 visa for my spouse. then getting married in US.

    which way should you think is the best? And why?
    will k-1 work in option 1 and could i file K-3 when I'm still a lawful resident?
    thanks so much anyone,

    I'm lawful permanent resident and have green card for 4 years.
    __________
    This is relate to a previous question:
    http://answers.yahoo.com/question/index;...


  • Any immigration process for spouse is easier when you are US Citizen.


  • ive been through this & i would strongly suggest you stick with plan to marry next month... k1 & k3 visas vary greatly from month to month & year to year on processing time but difference between the 2 is always close... if already married in home country & before you get citizenship then less likely uscis will be suspicious.... a couple things to consider - she can only apply for one visa at a time so if she is abroad & you are in states & k3 is applied for then she cannot come here on tourist visa - she could however come on tourist visa (assuming she can get one) before you are married, then marry in usa, & then file for adjustment of status & try to delay leaving usa BUT uscis usually does not like that even though it is perfectly legal they tend to not be as easy to work with & process it... we married abroad, filed k3 & waited, & it took 6 months total before visa in hand


  • You may want to think about getting married next month as planned and petition for your new spouse right away. Of course, the visa won't be issued for another 5-6 years, but at least you'll have the I-130 on file. If you naturalize, you can convert the I-130 from spouse of a LPR to spouse of a U.S. citizen.

    If you married now and petition now, and for some reason your application for citizenship is not approved, you'll still have part of the wait for the immigrant visa over with cutting into the 5-6 years.

    If your application for naturalization is successful, you can try for the K-3 visa based upon the approved I-130 that you filed in early 2009. You won't be able to do the K-1, but so what? The K-3 takes about the same period of time to complete.

    If you really want to get married, do it. File an I-130 right away. Become a U.S. citizen if you can. Convert the classification on the I-130 after you become a citizen. Then you can either try for the K-3 or get the regular spouse of a U.S. citizen visa, whichever could be done first.


  • Ah yes, the K-1 versus the K-3 visa question. Either method will work fine, but if you're looking for the quickest processing time then the K-1 visa is your choice after you become a USC.

    Also, whether or not you choose a K-1 or K-3 visa, USCIS will still look for marriage fraud and the interview will be the same.



  • You will need to be careful about time out of the country rule. If you leave to go to Vietnam and you have been out of the country previously or you are out 11 months 29 days then you may have been out too long in order to become a citizen. My advice would be 2 wait until you becomes a US citizen, get engaged, and then file K 1 for your spouse.







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