k-3 or k-1 visa ? my fiance is in US on B2 visa now

[alex49 0]

Hi Everyone!

I just got engaged to my fiance , I am a US citizen and she is a citizen from Russian Federation, we have been dating for about a year. She was here in US. for about 5 month from Dec 07 - May 08 on a B2 visa. and then she went back home to Russia. She just came back a few days ago from Russia to US, she has a 2year visa, but when she went through border control they gave her I-94 for 1month and put NO AOS and NO EOS on her form. I was originally planning to propose at the end of August thinking that I would have plenty of time thinking she would get the 6 month stay like she did previously, but the customs thought differently(and were quite rude about the whole situation). So I proposed to her yesterday, and we want to get married.

My question to the forum which option is better to get married in US and apply for a K-3 visa and file for the I-130 visa petition with I-129f form and then wait for the interview and go back to Russia together? I believe that it is legal to get married and wait in the US while the process is happening and then go back to the consulate in Moscow,Russia?

Or is it better to apply for the K-1 visa?

I am really hoping that it is okay for her to stay in US while we wait on the K-3 visa here. I already have planned and booked a vacation to California and Las Vegas at the end of August and really hoping to go there with her, her i-94 expires on august 22nd and the vacation is planned from aug 22-29th(this will teach me to never to assume that coming to us is simple) My original plan was to propose in Grand Canyon but that plan got ruined by the custom officials

I want to do everything LEGALLY and not break any laws just to make sure not too have any issues later on with process.

Please help?

Thank you,

Alex.

[YuAndDan 153]

Can do either. Marry now, and file I-130 for spousal visa and perhaps I-129F for K-3, OR file I-129F for a K-1.

She should not overstay the period noted on the I-94, or she will run into problems when interviewing for the visa.

Also consider the CR-1 visa.

Note: processing times for Russia, for K-3 and CR-1 are very much alike.

Keep in mind, getting green-card may be quicker from doing the CR-1/IR-1 process through NVC verses adjusting from K-3, it is also less expensive over all.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

NOTE: K-3 cannot, take a job, apply for SSN, or apply for a driver's license until they have EAD, or green-card, EAD can take 90 days or more to get. CR-1 gets green-card upon entry to the USA.

Compare timelines: K-3 was originally developed at a time when the Immigrant CR-1/IR-1 was taking a very long time, this is just not the case any more, NVC has streamlined many processes.

Edited July 30, 2008 by YuAndDan

[alex49 0]

Thanks YuAndDan for the quick response I am going to investigate the CR-1/IR-1 process now, I did not know about it yet. So even if we K3 visa she will not be able to stay in US pass the I-94 date stamp? Is there any legal way for her to extend that at least for a short time, I was really hoping to go on vacation at the end of August with her.

Thanks again for your help!!!

Can do either. Marry now, and file I-130 for spousal visa and perhaps I-129F for K-3, OR file I-129F for a K-1.

She should not overstay the period noted on the I-94, or she will run into problems when interviewing for the visa.

Also consider the CR-1 visa.

Note: processing times for Russia, for K-3 and CR-1 are very much alike.

Keep in mind, getting green-card may be quicker from doing the CR-1/IR-1 process through NVC verses adjusting from K-3, it is also less expensive over all.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

NOTE: K-3 cannot, take a job, apply for SSN, or apply for a driver's license until they have EAD, or green-card, EAD can take 90 days or more to get. CR-1 gets green-card upon entry to the USA.

Compare timelines: K-3 was originally developed at a time when the Immigrant CR-1/IR-1 was taking a very long time, this is just not the case any more, NVC has streamlined many processes.

[crs 0]

What kind of a Visa was she on before?

IF she was on a F1 visa, she has 3 months to leave after the expiration date on her I94.

if she was on J1, she has 1 month. I do not know about other visas.

[alex49 0]

She has B2 visa.

What kind of a Visa was she on before?

IF she was on a F1 visa, she has 3 months to leave after the expiration date on her I94.

if she was on J1, she has 1 month. I do not know about other visas.

[john_and_marlene 162]

When someone tries to use a visit visa to stay in the U.S. more than 6 months out of 12, it indicates that the visit visa is being used for more than just a visit. She was here for 5 months already and returned after only a month or so. She was lucky they gave her another month. I imagine if she tries to use it again before December, she may be refused entry at the POE and sent home on the next available flight.

Don't get upset at the immigration people for doing their job. She may think they were rude, but consider that they could have turned her away completely for coming back so soon following a very long stay just a short time earlier.

[YuAndDan 153]

Thanks YuAndDan for the quick response I am going to investigate the CR-1/IR-1 process now, I did not know about it yet. So even if we K3 visa she will not be able to stay in US pass the I-94 date stamp? Is there any legal way for her to extend that at least for a short time, I was really hoping to go on vacation at the end of August with her.

Thanks again for your help!!!

No way to extend, they set the expiration to 1 month because she was her for 5 months already, and only was out of country for a short time. Typically a visitor is allowed 6 months per year visit.

Again don't overstay the period on the I-94.

IR-1/CR-1 is much like K-3, just you dont file the I-129F, and there is some extra processing at NVC after the I-130 is approved.

[alex49 0]

YuAndDan,

Would it be safe to extend the B2 visa by applying the i-539 form, this way she is legally extending the visa and we are not breaking the no AOS status and after she gets back home we apply for K1 visa and when she comes here we get married in US. Or do you think it's better we get married in US with in the allowed I94 time frame and then when she goes home we apply for the K3 or CR-1/IR-1 visa.

Thanks again!

Alex

Thanks YuAndDan for the quick response I am going to investigate the CR-1/IR-1 process now, I did not know about it yet. So even if we K3 visa she will not be able to stay in US pass the I-94 date stamp? Is there any legal way for her to extend that at least for a short time, I was really hoping to go on vacation at the end of August with her.

Thanks again for your help!!!

No way to extend, they set the expiration to 1 month because she was her for 5 months already, and only was out of country for a short time. Typically a visitor is allowed 6 months per year visit.

Again don't overstay the period on the I-94.

IR-1/CR-1 is much like K-3, just you dont file the I-129F, and there is some extra processing at NVC after the I-130 is approved.

[Todd-Leah 0]

YuAndDan,

Would it be safe to extend the B2 visa by applying the i-539 form, this way she is legally extending the visa and we are not breaking the no AOS status and after she gets back home we apply for K1 visa and when she comes here we get married in US. Or do you think it's better we get married in US with in the allowed I94 time frame and then when she goes home we apply for the K3 or CR-1/IR-1 visa.

Thanks again!

Alex

It's very unlikely they are going to extend the B2 when you file I-539, however they will take a couple of months to response to the extension request, while waiting for the extension approval/rejection, her status will be pending extension of B2 and she is in status.

I did that many years ago when I-539 filing fee was $120. It's $355 right now if not mistaken. They gave me 6 months on I-94 at POE and I filed a I-539 one month before the I-94 expired, it took them about 5 1/2 months to response to the extension request, which by then I was ready to go home. So, it depends whether you are willing to spend $355 for a couple more months together. :-)

Leah

[victor+natasha 0]

Hi Everyone!

I just got engaged to my fiance , I am a US citizen and she is a citizen from Russian Federation, we have been dating for about a year. She was here in US. for about 5 month from Dec 07 - May 08 on a B2 visa. and then she went back home to Russia. She just came back a few days ago from Russia to US, she has a 2year visa, but when she went through border control they gave her I-94 for 1month and put NO AOS and NO EOS on her form. I was originally planning to propose at the end of August thinking that I would have plenty of time thinking she would get the 6 month stay like she did previously, but the customs thought differently(and were quite rude about the whole situation). So I proposed to her yesterday, and we want to get married.

My question to the forum which option is better to get married in US and apply for a K-3 visa and file for the I-130 visa petition with I-129f form and then wait for the interview and go back to Russia together? I believe that it is legal to get married and wait in the US while the process is happening and then go back to the consulate in Moscow,Russia?

Or is it better to apply for the K-1 visa?

I am really hoping that it is okay for her to stay in US while we wait on the K-3 visa here. I already have planned and booked a vacation to California and Las Vegas at the end of August and really hoping to go there with her, her i-94 expires on august 22nd and the vacation is planned from aug 22-29th(this will teach me to never to assume that coming to us is simple) My original plan was to propose in Grand Canyon but that plan got ruined by the custom officials

I want to do everything LEGALLY and not break any laws just to make sure not too have any issues later on with process.

Please help?

Thank you,

Alex.

[/quote

As long as she did not enter US with an intent to get married, you can always get married file I-130 and when it is approved file for AOS, then she does not need to return back at all. However you will be subjected to a lot of scrutiny by USCIS.

[alex49 0]

Todd_Leah,

If we file the I-539 now and then after she gets back home we file for the K-1 visa, would filing the I-539 have any negative impact on the K-1 visa process?

Alex.

YuAndDan,

Would it be safe to extend the B2 visa by applying the i-539 form, this way she is legally extending the visa and we are not breaking the no AOS status and after she gets back home we apply for K1 visa and when she comes here we get married in US. Or do you think it's better we get married in US with in the allowed I94 time frame and then when she goes home we apply for the K3 or CR-1/IR-1 visa.

Thanks again!

Alex

It's very unlikely they are going to extend the B2 when you file I-539, however they will take a couple of months to response to the extension request, while waiting for the extension approval/rejection, her status will be pending extension of B2 and she is in status.

I did that many years ago when I-539 filing fee was $120. It's $355 right now if not mistaken. They gave me 6 months on I-94 at POE and I filed a I-539 one month before the I-94 expired, it took them about 5 1/2 months to response to the extension request, which by then I was ready to go home. So, it depends whether you are willing to spend $355 for a couple more months together. :-)

Leah

[Todd-Leah 0]

Todd_Leah,

If we file the I-539 now and then after she gets back home we file for the K-1 visa, would filing the I-539 have any negative impact on the K-1 visa process?

Alex.

So long she is in status (Pending extension of I-94 is her status), she will be fine. But, make sure she leaves immediately if the extension request is rejected. It's always good to keep the proof of filing an extension i.e. keep the NOA she receives for filing I-539, just in case they wonder how she can stay more than six months and want proof to show that her presence in US is legal.

However, they never ask me for that when I applied for B2 visitor visa a year after I came home. I still keep that 7 years old NOA with me. :-)

You may also want to check the current processing time for I-539 to see how long they take to process I-539 right now, you may want to know whether it's worth to spend $355.

Leah

[YuAndDan 153]

As long as she did not enter US with an intent to get married, you can always get married file I-130 and when it is approved file for AOS, then she does not need to return back at all. However you will be subjected to a lot of scrutiny by USCIS.

Did you read OP's post??? The POE is on to this. "when she went through border control they gave her I-94 for 1month and put NO AOS and NO EOS on her form."

YuAndDan,

Would it be safe to extend the B2 visa by applying the i-539 form, this way she is legally extending the visa and we are not breaking the no AOS status and after she gets back home we apply for K1 visa and when she comes here we get married in US. Or do you think it's better we get married in US with in the allowed I94 time frame and then when she goes home we apply for the K3 or CR-1/IR-1 visa.

Thanks again!

Alex

I don't think this will fly, the I-94 has NO EOS stamp, I believe that means "Extending Of Stay"

[alex49 0]

Guys thank you so much for giving helpfulll advices. We decided to apply for the K-1 visa and my fiance will leave before the I-94 expiration. And file the forms right after she leaves, this way we are not breaking the NO AOS and NO EOS clauses on her I-94 forms. Do you guys know what is the approximate time for the K-1 visa? Can I come to the consulate with my fiance when she goes in for the K-1 interview at the Moscow consulate?

Thanks again!

Alex

As long as she did not enter US with an intent to get married, you can always get married file I-130 and when it is approved file for AOS, then she does not need to return back at all. However you will be subjected to a lot of scrutiny by USCIS.

Did you read OP's post??? The POE is on to this. "when she went through border control they gave her I-94 for 1month and put NO AOS and NO EOS on her form."

YuAndDan,

Would it be safe to extend the B2 visa by applying the i-539 form, this way she is legally extending the visa and we are not breaking the no AOS status and after she gets back home we apply for K1 visa and when she comes here we get married in US. Or do you think it's better we get married in US with in the allowed I94 time frame and then when she goes home we apply for the K3 or CR-1/IR-1 visa.

Thanks again!

Alex

I don't think this will fly, the I-94 has NO EOS stamp, I believe that means "Extending Of Stay"