K3, C1 or OTHER?

[terrier74 0]

Hello

Brief description of situation.

Me: US Citizen living in US

Fiancee: Canadian Citizen residing and working full time in Switzerland

Problem: Choosing marriage location and subsequent strategy for having her attain GC + citizenship in US

For work requirements we may be forced to live part of the year appart anyway (she has B residency permit in Switzerland and I do not yet have anything there. In 2 years she'll have a C permit (practically permanent resident in Switzerland)

What would you guys recommend?

1.) In one of her visits here just getting hitched and then she goes back to Geneva for work while we apply for which type of visa? Does that look bad for US authorities? While she's applied for K3 or whatever visa, can she visit US as regular tourist given that Canadian passports enter very easily? I've seen conflicting answers in different forums.

2.) First applying for a K3 or whatever else and getting married here only after she receives the visa?

3.) Getting married in Canada or Switzerland and starting application to bring my souse to US much like in item 1 but not irking the US authorities? Same question would still apply... can she come visit while process ongoing as tourist only?

Would her interviews and visa application stuff be processed in Us embassy in switzerland or would she be forced to process them in Canada?

BTW, what expedites our problem is that we're expecting at the end of february

thanks in advance

[Chica Yeyé 41]

Welcome to VJ. Here my two cents:

1.- You can indeed get married here as long as she returns to Geneva and process from there. Visits to the US while an application is in progress are possible, but she would always need to provide proof of ties ti Switzerland --- every time she attempts entry. And even then, sometimes people are turned back at the border.

2.- K-3 is a spousal visa. K-1 is a fiancee visa. Get up to date in your options by

2.- You can get married in Canada or Switzerland; but I am pretty sure that the application would be processed where you get married. So if she resides in SWI, better get married there.

Oh, and filing for the CR-1 is always better thank the K-3. the CR-1 is an immigrant visa; while the K-3 is a non-immigrant visa and your spouse would come to the US and then have to adjust status: more expensive and nonsensical

Best of luck

[YuAndDan 153]

1) Can visit while any visa petition is in process, just needs to provide evidence of ties to home country to show will not overstay the visit.

2) K-3 or CR-1 are for MARRIED persons, you cannot apply for one without attaching a MARRIAGE CERT.

3) Like #1 can visit while petition is being processed.

Spousal visas can take up to a year to get, so living apart should not be an issue, CR-1 needs to be used within 6 months after it is issued, K-3 has 2 years validity. CR-1 if used results in an instant green-card which has residency requirements, so if used, and then leaves the USA for some time, the green-card can be considered abandoned. K-3 on the other hand allows re-entries for up to 2 years, at which time can adjust status for a green-card, when you finally settle in the USA.

This is one of the cases where a K-3 may be a better option with it's 2 years validity, and NON-Residence status.