Need Some Help

[kiddhan273 0]

So my brother met his fiance while she was visiting the US. She is now back in India (where she resides). They plan on getting married in Summer of 2009. She has a 10 year US Visitor Visa. We are planning on going to India for his engagement in February of 2009. How long is the current wait to get a K-1 Visa approval. We are currently planning for a July 4th weekend wedding. Is this a good date based on current wait times or should we push the wedding date out to Sept 2009?

Or would it be faster for her to travel here on her visitor visa, get married and then file i-130 & i-485?

Any help would be greatly appreciated. Thanks

Edited September 2, 2008 by kiddhan273

[kiddhan273 0]

I should also mention that my brothers (fiance) and her family will be traveling to the US in November for a religious engagement. Can we file for her K1 visa then? Or do we have to wait till Feb 2009 when we do the official ring ceremony in India?

[Carlawarla 1]

If they've already met, they can apply right now. No need for waiting. It's always best to NOT set a wedding date, before having the visa actually approved, and in your hot little hands! Don't set a date at all. Read the guides above.

You might also find some helpful information in this forum, in particular about India.

http://www.visajourney.com/forums/index.php?showforum=91

You should have your brother sign up for an account here so that he can ask his own questions.

[pushbrk 12,569]

So my brother met his fiance while she was visiting the US. She is now back in India (where she resides). They plan on getting married in Summer of 2009. She has a 10 year US Visitor Visa. We are planning on going to India for his engagement in February of 2009. How long is the current wait to get a K-1 Visa approval. We are currently planning for a July 4th weekend wedding. Is this a good date based on current wait times or should we push the wedding date out to Sept 2009?

Or would it be faster for her to travel here on her visitor visa, get married and then file i-130 & i-485?

Any help would be greatly appreciated. Thanks

If he plans to file the I-129F now, there's a good chance of making the July 4 date but the wise choice IMO, is to hold off on wedding plans that involve large advance deposits until the visa is in hand.

Your "faster choice" is visa fraud and can incur from several years to a lifetime ban on entering the USA.

A more viable choice involving a wedding on the next visit is to have her return to India and complete a spouse visa process.

Edited September 2, 2008 by pushbrk

[KimandRuss 0]

just as an added note.... you're going to want to be VERY careful about any 'religious ceremony' before the K1 is issued. You may think you're protected by law but it's the interpretation of the CO that matters.

[kiddhan273 0]

Thanks for the replies everyone.

Considering she has a 10 year US Visa, can she travel out of country on honeymoon once they are married? Or does she still have to apply for AP?

Is there any issue with applying for i-129f when she comes in November? NOTE: she will be going back with her family in November.

[KimandRuss 0]

No, once she enters on a K1 that is the visa in which she is here under. They will need to be married and she will need AP (filed at the time as adjustment) before she can leave the Country.

Well, in the great words of the vj smart @sses... she can leave anytime she likes....but she wont get back in.

The USC can apply for the petition whenever and wherever they like.

Just remember, there is always a risk at the POE. Now more than ever. Make sure she has plenty of ties and have a backup plan.

[Carlawarla 1]

No, once she enters on a K1 that is the visa in which she is here under. They will need to be married and she will need AP (filed at the time as adjustment) before she can leave the Country.

Well, in the great words of the vj smart @sses... she can leave anytime she likes....but she wont get back in. The USC can apply for the petition whenever and wherever they like.

Just remember, there is always a risk at the POE. Now more than ever. Make sure she has plenty of ties and have a backup plan.

[jariwala 0]

So my brother met his fiance while she was visiting the US. She is now back in India (where she resides). They plan on getting married in Summer of 2009. She has a 10 year US Visitor Visa. We are planning on going to India for his engagement in February of 2009. How long is the current wait to get a K-1 Visa approval. We are currently planning for a July 4th weekend wedding. Is this a good date based on current wait times or should we push the wedding date out to Sept 2009?

Or would it be faster for her to travel here on her visitor visa, get married and then file i-130 & i-485?

Any help would be greatly appreciated. Thanks

The first and the foremost thing you can do is start the paperwork.As such she has visitor's visa hence she wont have any problem to stay there for sometime always but i am saying to atleast do a court marriage first and then start the file process as all this paperwork is taking hell lot of time.If possible ask these things to some lawyer so that you all dont make any mistake.But if you delay the wedding till September 2009 and then plan to put up the papers ,then you will have to wait for a long time.