What to do?

[pak 0]

Hi All. I need your advice

I am US citizen and have been living with my fiancee outside of US for over a year now. She has travelled with me to US as a tourist once (during visa interviews she told that we are engaged, but recieved visa nonetheless). We didn't plan to live in US, but now we decided to go there at least to let me finish up my education. We want to get to US as soon as possible (to start school). What is the fastest way to do so? (1) Apply for fiancee visa or (2) get married outside of US and apply for spouse visa? First is preferrable since we want to get married in US, but we'll consider the fastest way. Also, I am not currently employed by American company, would it hinder our chances? I.e. they will think that I am not financially capable (although getting an job in IT field should not be a problem for me as soon as we get to US)?

Thanks for your feedback!

Pak.

[Not Available 0]

It has been said that the K1 route is generally a little bit quicker, she recieves her visa, then moves to the US to marry you and remain (filing for AOS after getting married within the 90 days she arrives there). With the K3 (spouse) you guys will have to get married, then she will have to wait for her visa overseas before she can enter. Do you know if there is DCF (Direct Consular filing) where she is from?

[aussiewench 9]

pak

I would look into whether you can do DCF especially as you have been living outside of the US for over a year. Have you lived in your fiance's country all this time? Have a read of the DCF Guide HERE so you can determine whether this is a possibility.

Lorelle

[pak 0]

Do you know if there is DCF (Direct Consular filing) where she is from?

She is from Ukraine. I'll go search this info out...

pak

I would look into whether you can do DCF especially as you have been living outside of the US for over a year. Have you lived in your fiance's country all this time? Have a read of the DCF Guide HERE so you can determine whether this is a possibility.

Lorelle

Thank you, Lorelle. I'll read the guide now. Yes, I've been living in fiancee's country all this time, except for few trips abroad with her.

[aussiewench 9]

pak

I found one reference in the DCF forum re DCF in the Ukraine. Not a lot of info but something.......plus a link to the US embassy in Ukraine website.

http://www.visajourney.com/forums/index.php?showtopic=2672&hl=ukraine

Good luck to you. If you qualify to do DCF there, depending on any residency requirments, in most cases it is a blessing as it is all done quicker.

[pak 0]

If you qualify to do DCF there, depending on any residency requirments, in most cases it is a blessing as it is all done quicker.

http://kiev.usembassy.gov/visa_iv_petition_eng.html

It seems that in order to qualify for DCF, we'll need to get married in Ukraine, right? And if DCF is denied, then we won't be able to file K1 visa, just the spouse one?

Thank you

Edited May 19, 2006 by pak

[CarolineM 0]

well if you file DCF you have to be married - so if it failed you'd be married...so a fiance visa wouldn't work

[aussiewench 9]

pak

Filing directly with the consulate (DCF) is for the CR-1 visa. Its just all done directly through the consulate, saving an awful lot of time. On entry to the US one is issued a green card....there is no adjustment of status. Im not sure on timeframe with the Ukraine consulate but through other consulates this process can take only a few short months in many cases as opposed to many many more months when filing through USCIS in the US, including the process for the K-1 visa.

You do need to first call them to find out if you qualify as a resident of the Ukraine. If so, then this would possibly be your best bet to get through this in the fastest possible way...with the bonus of your partner gaining the green card on entry with the CR-1