questions about filing

[Derek & Rita 6]

So, I will be going the K3 path (since I looked at CR1 and that would take 9 months or more).

I just got married 09.09.2011 in Russia, and will a copy of the marriage certificate (translated) suffice to prove there is a bona fide marriage?

I've been to Russia a few times, we talk every day on skype, I am in love with her, but we don't have any property, house, rent, or anything else together.

Also, she is 29 weeks into her pregnancy, with the due date being around Thanksgiving. I'll be sending off the paperwork sometime later this week, or maybe next week if I get it all together. The question is, what do I fill out for "children" ? The child will be getting a CRBA and a passport, so I assume that since the child will be a US citizen, I don't need to fill out anything about them. After all, I have no idea when their birthdate will be, or even what their name is yet. So, what to do in this case? I don't want to wait until the daughter is born, because that will just delay when she can come here, and I would like to play a part in my daughter's life. This would affect the I-130, and affidavit of support.

Edited September 13, 2011 by ToeNailClipper

[payxibka 10,047]

So, I will be going the K3 path (since I looked at CR1 and that would take 9 months or more).

I just got married 09.09.2011 in Russia, and will a copy of the marriage certificate (translated) suffice to prove there is a bona fide marriage?

I've been to Russia a few times, we talk every day on skype, I am in love with her, but we don't have any property, house, rent, or anything else together.

Also, she is 29 weeks into her pregnancy, with the due date being around Thanksgiving. I'll be sending off the paperwork sometime later this week, or maybe next week if I get it all together. The question is, what do I fill out for "children" ? The child will be getting a CRBA and a passport, so I assume that since the child will be a US citizen, I don't need to fill out anything about them. After all, I have no idea when their birthdate will be, or even what their name is yet. So, what to do in this case? I don't want to wait until the daughter is born, because that will just delay when she can come here, and I would like to play a part in my daughter's life. This would affect the I-130, and affidavit of support.

Hate to break your bubble but times for K-3 and CR-1 are not that appreciably different... chances are you will go CR-1 unless significant changes are occurring as it relates to K-3.

You fill out nothing for children as you do not have a "born" child yet, besides if you are the biological father and the CRBA is approved then the child will be a USC and does not require any kind of petition or visa. No reason to delay filing the petition if you are only waiting for the birth.

Edited September 13, 2011 by payxibka

[P & T 14]

Please research this further. My understanding of K-3 is that it may only be used in conjunction with or as a follow up to the I-130. You do not avoid filing for your spouse to immigrate and try to use the K-3 as if it were a standalone tourist visa.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Purpose of Form :

To petition to bring your fiancé(e) (K-1) and that person's children to the U.S. for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000).

Filing Fee :

$340. (There is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen.)

Special Instructions :

U.S. Citizens petitioning for K-3 visas for their alien spouses must include a copy of the Form I-797C, Notice of Action, showing they have filed Form I-130, Petition for Alien Relative, on behalf of their spouse listed on the form.

In addition, they must provide a marriage certificate, evidencing the legal marriage between the U.S. citizen and the alien.

[Jojo92122 1,924]

So, I will be going the K3 path (since I looked at CR1 and that would take 9 months or more).

I just got married 09.09.2011 in Russia, and will a copy of the marriage certificate (translated) suffice to prove there is a bona fide marriage?

I've been to Russia a few times, we talk every day on skype, I am in love with her, but we don't have any property, house, rent, or anything else together.

Also, she is 29 weeks into her pregnancy, with the due date being around Thanksgiving. I'll be sending off the paperwork sometime later this week, or maybe next week if I get it all together. The question is, what do I fill out for "children" ? The child will be getting a CRBA and a passport, so I assume that since the child will be a US citizen, I don't need to fill out anything about them. After all, I have no idea when their birthdate will be, or even what their name is yet. So, what to do in this case? I don't want to wait until the daughter is born, because that will just delay when she can come here, and I would like to play a part in my daughter's life. This would affect the I-130, and affidavit of support.

The K-3 is not significantly slower than the CR-1 route. You will end up paying a lot more for the K-3 route since your wife will have to adjust her status in the US to get a green card. Adjustment is not necessary with the CR-1 route. The CR-1 immigrants automatically gets a green card upon entry. You will probably be better off with the CR-1 route.

There is no way that your wife will be here by Thanksgiving. It's just not possible. The process cannot be expedited based on her pregnancy.

A child is not a child until birth. There is nothing you can do to frontload the paperwork. You cannot file for the CRBA or US passport without a birth certificate. This will not affect the I-130 for your wife. The child will increase your household count on the Affidavit of Support.

Edited September 13, 2011 by Jojo92122

[san diego 407]

Have you thought of possibly expediting based on financial hardship?

[Seija 0]

I think you will be better of with the CR-1 path, it is what we are doing and soon to be done with NVC. If you need any help just drop me a line. Congrats on your marriage! I'm so happy for you guys! Glad I was of help. maybe when this all done or sooner just return the favor to someone who needs help again if you need anything just let me know. Jose

[Derek & Rita 6]

I think you will be better of with the CR-1 path, it is what we are doing and soon to be done with NVC. If you need any help just drop me a line. Congrats on your marriage! I'm so happy for you guys! Glad I was of help. maybe when this all done or sooner just return the favor to someone who needs help again if you need anything just let me know. Jose

I see that. 5 months is not long at all. I was looking at the overall stats and it was saying that the CR-1 was taking 275 days, from start to finish.

[Derek & Rita 6]

One more question - would I need to provide the original marriage certificate when sending this all in? I have a scanned copy.

Have you thought of possibly expediting based on financial hardship?

I haven't thought of it. Is it possible?

[san diego 407]

It is possible if you can prove that you experience hardship financially because your child is born overseas and you have to go there all the time. This is just a guess. I would try to explore it.