question about which way to file

[Derek & Rita 6]

So here's the deal. I have a girlfriend in Russia, she is pregnant. I can't file for a visa yet because I'm not yet divorced. It's been going on 6 months now and I couldn't wait, what can I say? It's history now. Feel free to call me dumb.

So, that said, here's the deal... I can file in July, but should I file a K1? My plan is to go there, get married (I'm sure she'll want to get married before the child is born, for cultural reasons) and then bring her over here after the baby is born.

If I file in July for a K1, she'll have given birth by the time they finish processing everything. Also, we'd be married by that time. It would seem appropriate to start with a K1, but of course if she is bringing the child here, that may be a different story, but if the baby has a passport with the CRBA, the child shouldn't have any problems coming here with her, right? I'm a bit confused.

Anyway, do you think the K1 is appropriate, or should I file for a K3 or what?

[Tyeger87 10]

if she is going to have the baby and you are going to get married you cannot come to the US on a K1 because you are married. if you plan on getting married before you get to america (on a k1 visa) then you need to apply for a CR-1/IR-1 visa, im not sure if they are doing K3's anymore BUT if they are you would have to file that or a Spouse Visa.

[Ryan H 3,818]

If you go over there and get married, K1 will not be an option because the K1 is a fiancee visa. After you marry, you would file for a CR-1. K3 isn't a option because USCIS ties both petitions together and approves them simultaneously. NVC receives the two approved petitions and administratively closes the K3.

[iampatricias 17]

No, for what you're suggesting the Fiance visa (K1) is not appropriate.

Additionally the K3 is no longer an option - it's been phased out.

You are left with the CR1/IR1 - Spouse visa, to bring your spouse to the States. When she has the baby, she can file for the CRBA asap and get that taken care of.

[Derek & Rita 6]

Well, my idea is to file for the K1 since we won't yet be married, and I have to go there twice since the laws in russia require at least a 32 day wait before you get married. We would plan on getting married again when she arrives.

Basically, you are saying to wait until after the wedding to file?

[Kathryn41 3,205]

I'm sorry, your plan won't work.

If you file for a K-1 visa, then the beneficiary must still be a fiancee - not married - when the K-1 is approved and when she enters the US. Once she gets married, all of the paperwork for the K-1 becomes obsolete as she is no longer a fiancee and no longer eligible for a K-1 visa. You would then have to start the process all over again from the beginning and apply for a CR-1 spousal visa.

So, it seems like your best approach under the circumstances is once you are free to marry (I am assuming your divorce will be finalized in July), to go to Russia and get married. You will not be able to bring your wife home with you at that time but you will be able to start the CR-1 spousal visa process. When you get married you will file an I-130 petition in the US. When that is approved, it will be forwarded to the National Visa Center which will send you more paperwork to complete. When that is done, the process will move to the US Consulate in Russia and your wife will be scheduled for an interview. When she passes the interview (she will need to have security checks and an immigration medical prior to the interview) she will be issued a CR-1 visa in her passport. When she enters the US she will become a permanent resident right away.

If you do not plan on marrying before she arrives in the US, then you can file for a K-1 but you absolutely cannot get married prior to her arrival in the US on the K-1 visa.

Once the child is born, yes, you would file for the CRBA and then a passport for the baby.

The K-3 is now obsolete. You also have to be married to file for the K-3. It was a visa that was started when the CR-1 visa was taking much longer than it is now to process. The K-3 allowed you to start the process for a spousal visa and then finish it in the US. It is now taking the same amount of time to do the K-3 as the CR-1 so any K-3 applications are now being administratively closed and turned into CR-1 visas. K-1s are not interchangeable with a K-3 or a CR-1. You have to be a fiancee for a K-1 all the way through the process until after entry into the US. You have to be a spouse for a K-3 or a CR-1 all the way through the process from time of application to entry to the US. The K-3, is, as I said, no longer a viable option

Hope this helps.

Edited March 29, 2011 by Kathryn41

[Derek & Rita 6]

Thank you all. It looks like the CR-1 is the best option. Looks like the baby will be about 2 or 3 months old by the time they are both able to come here.

[Neonred 3,579]

Well, my idea is to file for the K1 since we won't yet be married, and I have to go there twice since the laws in russia require at least a 32 day wait before you get married. We would plan on getting married again when she arrives.

Of course you know you don't really have to wait 32 days.

[Derek & Rita 6]

Of course you know you don't really have to wait 32 days.

Wait, what do you mean? It sounds like you have some experience, and any advice is appreciated. If it can save me a trip, that would be great. However, I would still like to come back, to see her belly growing.

[Ray-J 2]

Thank you all. It looks like the CR-1 is the best option. Looks like the baby will be about 2 or 3 months old by the time they are both able to come here.

How you go about getting her here is ultimately up to you. However, the K1 is typically much shorter of a wait as the CR-1 could take significantly longer. I've heard up to several years. Best wishes to you and your family. I'm in the same boat with my bride-to-be (3 months along now).

[Derek & Rita 6]

How you go about getting her here is ultimately up to you. However, the K1 is typically much shorter of a wait as the CR-1 could take significantly longer. I've heard up to several years. Best wishes to you and your family. I'm in the same boat with my bride-to-be (3 months along now).

Well, I've looked at the processing times for the K1 and the CR-1, and the CSC says they are both about 5 months. I could start the K1 sooner, but then she'll have to have the baby out of wedlock and that's most likely a no-go for her. In the end, it's good that she can have the baby in Russia, so her mother can come and visit and help while she prepares the documents and interviews and stuff. I'm sure she will love to see her grandchild anyway.

Good luck to you and yours, and thanks for the wishes.

[Rob_Lesya 4]

Well, I've looked at the processing times for the K1 and the CR-1, and the CSC says they are both about 5 months. I could start the K1 sooner, but then she'll have to have the baby out of wedlock and that's most likely a no-go for her. In the end, it's good that she can have the baby in Russia, so her mother can come and visit and help while she prepares the documents and interviews and stuff. I'm sure she will love to see her grandchild anyway.

Just one small note for your planning purposes -- It's true that the processing time at CSC is about the same for both a K-1 and a CR-1, the difference is at the NVC stage. For the K-1, the NVC is nothing more than a mail-stop. NVC receives the case from CSC and a few days later mails it on to the Embassy. For the CR-1, there is a lot more actual processing that takes place at the NVC stage, so instead of a few days you're usually looking at a couple of months. And for both visas there's generally 6-8 weeks between the time it leaves NVC and the time of the actual interview.

So, in general-- a K-1 usually takes about 6-7 months. CR-1 usually about 8-10 months. Of course, your experience may vary. Just wanted you to be aware so that there wouldn't be any suprises once you actually begin the process. But the nice thing about the CR-1 is that she arrives here not just as a fiancee, but as a wife who is already approved for her conditional residency. So in the long run, it actually saves you time and $$.

Also, as Neonred mentioned, the 32 day wait to get married in Russia isn't always necessary. If you've spent any significant time in Russia, you should understand what that means. There are alway$ way$ to get around the "official" rule$.

[nane1104 146]

I'm sorry, your plan won't work.

If you do not plan on marrying before she arrives in the US, then you can file for a K-1 but you absolutely cannot get married prior to her arrival in the US on the K-1 visa.

Hope this helps.

Unless you only have a wedding ceremony in Russia, without doing the "legal" part.

That's what I did. I wanted to get married in Germany but I didn't want to be married and then wait for months for the visa. So we filed for the K-1, had a very nice wedding ceremony (with vows and everything, only did we not get announced as husband and wife), then I entered the US and we had a nice little legal wedding with the JOP!

[baron555 934]

If you plan to marry her there, then the CR-1 is the only way.

I'm assuming the child is yours? Then you can file for a US Passport for him/her since they'd be eligible and wouldn't be issued a visa.

[Rob and Jill 82]

Another reminder:

You cannot FILE the K-1 "early" if you are NOT divorced. One of the first questions is "Are you legally free to marry?". If you are NOT completely 100% divorced, then you are not "free" to marry and should NOT lie on your application. You have to provide proof you are free to marry as well, so mind your p's & q's on this.