Do I apply for my fiance when we get married? 9 Answers as of March 16, 2012

A lot of people are talking about fiancee visa but one of my friend applied and it took 1 year and 3 months exactly. I want to marry her this year no matter what. Now my question is How do I apply for her? If I apply for k1 then get married, what will happen? and if I apply k3 then how long does it take? And if I simply apply I-130 how long will it take and when should I apply? Right now or when I get married? I don't undrestand what is the difference between k3 and I 130 if they both take around one year.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
Many K visas can take as long as it takes for the I-130 to be approved after marriage. The government is not consistent with approval times for the K1 or K3. A K-1 could take about 4-6 months this might be the fastest but double work.
Answer Applies to: California
Replied: 3/16/2012
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
You should seriously speak to an attorney. Just to give you a brief idea of how it works, I-130 is for petitoning an alien relative, so in order to file this, you must be married already. It does not matter where the marriage takes place, however, if outside the US, and your spouse is not presently in the US, your petition has to be filed in her native country, this will take a very long time, much longer than a K visa. K visa can bring your fiance to the US for the purpose or marriage, you must marry within 90 days and commence the I-130 process upon her arrival or she becomes illegal. The length of the visa issuance depends on her native country. For example, it will take a UK citizen less time to seek a K visa or have her I-130 visa granted in the UK than say... someone from China or India. As I said before, you should speak to an attorney.
Answer Applies to: Florida
Replied: 3/13/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer to your questions regarding timing depend upon numerous factors. Any marriage or fiance petition case can be delayed due to not filing the correct documents in a timely manner. It can also be delayed if USCIS requests additional evidence to decide the case. The process also hinges on what U.S. Embassy/Consulate is handling the case. Some U.S. Embassies/Consulates have a higher case volume than others. The final issue can be any admissibility issues your fiance may have such as prior unlawful presence, criminal record, other immigration violations, deportation records, etc. With each of the types of visas you have listed, you are required to show a bona fide relationship. The only real difference between a fiance visa and immigrant visa is that you will marry in the U.S. As such, the process is about the same for all cases. The process times for the fiance visa and immigrant visa are currently about the same. The K-3 visa currently has a longer processing time.
Answer Applies to: New York
Replied: 3/13/2012
Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
You can petition for your finance as a finance visa (K-1) when you are not yet married, you are a US citizen and your fiance lives in another country other than the US. You cannot get marry until she has arrived in the US with her fiance visa, at which time she will have 3 months for you both to get married. The timing for the process is usually uncertain depending on the country where your finance resides, the documentation they request, how fast you provide all the consulate requires, etc. If you get married, you cannot file for a finance visa. If you get married then you will file a family based visa petition (I-130). Once the visa is approved it will be sent to the National Visa Center where the consular processing will start. Since your wife will not be in the US, the process will take place in the country where she resides. Once she goes through an interview and she is approved, she will come to the US with a conditional residency. This process normally takes from 8 months to a year. But again, time can vary depending on the country she is from, appointment availability for interviews, etc. Usually a fiance visa process is faster, however, no time frame can be assured.
Answer Applies to: Florida
Replied: 3/13/2012
Law Office of Bijal Jani | Bijal Jani
Generally, fiance visas are terrific vehicles for a US citizen to bring a fiance into the USA and then get married within 90 days of the arrival. The application process, when done correctly and without any issues on the petitioner or beneficiary's background, is fairly quick (about 3 months).
Answer Applies to: New York
Replied: 3/13/2012
    Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
    First we need to know if your fiance is outside the US. If so, you can file a fiance visa for her to come here and then will have to get married once she is here. Depending on where she resides, it can take up to a year and then she still has to go through the green card process when she is here. If you are already married when you apply for her it can take 6 months to a year for her to come here.
    Answer Applies to: Texas
    Replied: 3/12/2012
    Law Offices of David Stoller, PA | David H. Stoller
    If you marry your fiance, she is now your spouse and that will operate to automatically revoke the fiance petition. So if you absolutely, positively must get married in 2012, the fiance petition isn't right for you. Truth is that K-3's rarely get used anymore because the National Visa Center will not send a K-3 to the consulate where the I-130 upon which the K-3 is based has been approved. And most I-130's are approved at about the same time as the associated K-3. My advice? Talk to an attorney who can provide guidance and answer your questions. I think the fiance petition is the best scenario because you can arguably start immediately.
    Answer Applies to: Florida
    Replied: 3/12/2012
    Seifert Law Offices | Lisa Ellen Seifert
    Those are good questions, and many of them. The K3 visa is almost not used anymore, since the reason for it was that the I-130 (marriage based) petition used to take so long. Now it is very short. So its just not necessary to ask for the K3 in most circumstances. I think it would be well worth your while to sit down in a consultation with an immigration lawyer to get your questions answered.
    Answer Applies to: Washington
    Replied: 3/12/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    I think that the best option (cheapest and quickest) would be to get married and file Form I-130. I wouldn't apply for K-1 or K-3 since they both take as long as the I-130 and you pay twice for the same thing. I would recommend getting the green card from outside the US. This process takes 6 to 12 months but she will come here with a green card (and you are done). If she come on a K-1 or K-3, you will still need to apply for the green card in the US. This would be twice the work and twice the money.
    Answer Applies to: California
    Replied: 3/12/2012
Click to View More Answers: