Marriage Based Immigration Comparison Page updated (a lot)

[Captain Ewok 1,891]

More updates to come, but the old text was IMO too lacking and needed a really good re-write. That has been done. Take a look and I would love comments. There will be some extra additions int he next few days or week as well.

http://www.visajourney.com/forums/index.ph...mp;page=compare

[Captain Ewok 1,891]

"Marriage Based Visa Comparison Table" added to the top of the "Marriage Based Immigration Comparison Page" page linked above. This should make it easy to see the major differences in the visas.

[Penguin_ie 5,993]

Looks good, a couple of small things:

- I am not sure the K3 is still 2-3 months faster than the CR-1, I think they take the same amount of time in most countries now.

- Might want to add a note that for DCF, the USC must be LEGALLY resident in the foreign country for 6 months (in all cases but India, where it seems to be 3 months)

- Under "minuses" for DCF, might want to add that embassies have gotten strict on the domicile/ re-establishing domicile in the USA proof for the USC.

[Captain Ewok 1,891]

Looks good, a couple of small things:

- I am not sure the K3 is still 2-3 months faster than the CR-1, I think they take the same amount of time in most countries now.

- Might want to add a note that for DCF, the USC must be LEGALLY resident in the foreign country for 6 months (in all cases but India, where it seems to be 3 months)

- Under "minuses" for DCF, might want to add that embassies have gotten strict on the domicile/ re-establishing domicile in the USA proof for the USC.

I have added/updates your last two items. The processing time estimates were based on the timeline data. I can see many people are now using the CSC for their I-130 petitions and based on that the time does indeed tend to be a little lower. I have adjusted the posted estimate to 7 months.

[*julez* 124]

• The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the K-1 Visa Holder's immigration case and require filing for a new K-1 Visa.

In scenario described above, the individual is already married and has applied for AOS, therefore filing for a new K-1 visa would be a waste of time. They would need to file for either a K-3 or CR-1. Edited December 22, 2009 by *julez*

[Darnell 8,478]

Julez - ya - IIRC, is a new set - I-130 with possibly an I-485 too. grr.

[Captain Ewok 1,891]

• The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the K-1 Visa Holder's immigration case and require filing for a new K-1 Visa.

In scenario described above, the individual is already married and has applied for AOS, therefore filing for a new K-1 visa would be a waste of time. They would need to file for either a K-3 or CR-1.

Correct. That was the intent of what was said but how you said it is the right way . They would abandon the AOS case not K1 and need a new visa to re-entry. Like you also said it would not be a K-1 by a spousal visa. Thanks . Good catch!!

[milimelo 4,481]

Spousal CR/IR visa: Minuses

Separation from family may be longer then if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Then needs to be changed with THAN as it is for comparison purposes.

For the spousal visa - shouldn't there be a notation that says PRs can apply for it but they're in for a longer wait (approx 5 yrs now) until the visa number becomes available or until PR naturalizes whichever comes first?

For K-3 - I guess I would put in under USC only option as they can't possibly come to the US faster if the petitioner is LPR only.

[Captain Ewok 1,891]

Spousal CR/IR visa: Minuses

Separation from family may be longer then if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Then needs to be changed with THAN as it is for comparison purposes.

For the spousal visa - shouldn't there be a notation that says PRs can apply for it but they're in for a longer wait (approx 5 yrs now) until the visa number becomes available or until PR naturalizes whichever comes first?

For K-3 - I guess I would put in under USC only option as they can't possibly come to the US faster if the petitioner is LPR only.

I added grammar fix and this to the IR1 section:

Note: Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately.

[NatPatBen 3]

I suggest changing or better yet eliminating the bullets in the Pluses & Minuses section.

[Captain Ewok 1,891]

I suggest changing or better yet eliminating the bullets in the Pluses & Minuses section.

how so. Open to ideas.

[NatPatBen 3]

The size of the bullets first made me think there was a speck on my monitor. Then I thought it was a typo. Then I saw that there were more, and realized that they were bullets.

I suggest removing them altogether. Just like the first column has no bullets, get rid of them in the 2nd & 3rd columns.

[Captain Ewok 1,891]

The size of the bullets first made me think there was a speck on my monitor. Then I thought it was a typo. Then I saw that there were more, and realized that they were bullets.

I suggest removing them altogether. Just like the first column has no bullets, get rid of them in the 2nd & 3rd columns.

I retweaked the formatting slightly and made the bullets more obvious. I hope it looks better to you now .

[NatPatBen 3]

It does. Those are obviously bullets and not specks of dirt on my monitor.