IN MAJOR DILEMMA, plz help...help...help and help.

[desividesi 0]

Hi Everyone,

I am new to the Visa Journey site and the process as well. So, plz your guidance will be appreciated. Here are my questions. Thanking you all in advance for reading this post, but I seriously neeed help. So, urging you to read it all the way.

I am a US CITIZEN and married an Indian Citizen in India last month, whom I knew for about 1 year before marriage on long distance scale. I went to India to meet him for the 1st time and in 3 weeks we had very little and a personal wedding ceremony there. Now I am back in the States and would like to file. I went through and read about K1/K3/IR1-CR1 forums to understand the categories.

I guess K3 is an option for me vs. CR1/IR1/I-130. But the major benefit is the TIME saving factor of K3. We are not worried about the immigration part. All we want is to see each other soon and start our life. We don't care if he has to do the AOS after coming here. So, the only thing I am now worried is how can I make sure that when I apply for K3 visa then we will end up getting K3 visa ONLY.

As I read in K3 forum and believe me in last 2 hours I have read more than 100 posts of K3 forum and it's mentioned in more than 60 postings that, K3 no longer exits. Or that eventually people who file for K3 ends up with IR1/CR1 and the I129F gets closed since it's recieved at NVC after receiving I130.

Anyway, WE DON'T WANT THAT. WE ONLY WANT K3 VISA. SO, I KNOW THERE ARE LOT OF KNOWLEDGEABLE PEOPLE ON THIS SITE PLZ I NEED YOUR ADVICE/GUIDANCE, AS TO TELL me what steps to avoid in processing k3 or how can we work out the I-130/I-129F filing and sending them in specific timeline or some way around it so that...our visa will ONLY STAY AS K3 AND NEVER GOES IN TO ....IR1/CR1 CATEGORY?

Meaning how it's happening with lot of people that their intent was K3 visa and they got approved for IR1/CR1 (of course at the expese of time)

AS far as money/finance is concerned, it's not an issue for us. So, no worries on that for us fortunately.

Otherwise, I am thinking of doing K1 visa..(fiance), as that at least gurantees that you will get the visa you filed for to begin with, and with 100% SURITY. As our marriage ceremony was very small and personal. So, I don't think we are doing anything wrong right. I mean our intent is to save TIME ULTIMATELY and meet up soon. I don't think that would be wrong since of the TWO k1/k3. K1: is faster. Where is K3 is faster than IR1/CR1 but slower than K1, but the biggest drawback of K3 is, there are highly chances that it can end up being IR1/CR1, which WE DO NOT WANT!!! As that would lengthen the whole immigration process, defeating the whole purpose of filing K3 to save time.

So, plz let me know..in what ways we can avoid K3 ending up into IR1/CR1 CATEGORY AND TAKING UP FOREVER LIKE 10-12 MONTHS. or can I just file K1 instead as long as it's fine. As our his family can not come to USA to attend wedding, so this was little ceremony we had.I don't think that can be a problem, because K1 is not only fastest but guranteed vs. K3 that can turn into CR1/IR1/I-130 by chance

Thanks!

[together4evr 360]

Hi Everyone,

I am new to the Visa Journey site and the process as well. So, plz your guidance will be appreciated. Here are my questions. Thanking you all in advance for reading this post, but I seriously neeed help. So, urging you to read it all the way.

I am a US CITIZEN and married an Indian Citizen in India last month, whom I knew for about 1 year before marriage on long distance scale. I went to India to meet him for the 1st time and in 3 weeks we had very little and a personal wedding ceremony there. Now I am back in the States and would like to file. I went through and read about K1/K3/IR1-CR1 forums to understand the categories.

I guess K3 is an option for me vs. CR1/IR1/I-130. But the major benefit is the TIME saving factor of K3. We are not worried about the immigration part. All we want is to see each other soon and start our life. We don't care if he has to do the AOS after coming here. So, the only thing I am now worried is how can I make sure that when I apply for K3 visa then we will end up getting K3 visa ONLY.

As I read in K3 forum and believe me in last 2 hours I have read more than 100 posts of K3 forum and it's mentioned in more than 60 postings that, K3 no longer exits. Or that eventually people who file for K3 ends up with IR1/CR1 and the I129F gets closed since it's recieved at NVC after receiving I130.

Anyway, WE DON'T WANT THAT. WE ONLY WANT K3 VISA. SO, I KNOW THERE ARE LOT OF KNOWLEDGEABLE PEOPLE ON THIS SITE PLZ I NEED YOUR ADVICE/GUIDANCE, AS TO TELL me what steps to avoid in processing k3 or how can we work out the I-130/I-129F filing and sending them in specific timeline or some way around it so that...our visa will ONLY STAY AS K3 AND NEVER GOES IN TO ....IR1/CR1 CATEGORY?

Meaning how it's happening with lot of people that their intent was K3 visa and they got approved for IR1/CR1 (of course at the expese of time)

AS far as money/finance is concerned, it's not an issue for us. So, no worries on that for us fortunately.

Otherwise, I am thinking of doing K1 visa..(fiance), as that at least gurantees that you will get the visa you filed for to begin with, and with 100% SURITY. As our marriage ceremony was very small and personal. So, I don't think we are doing anything wrong right. I mean our intent is to save TIME ULTIMATELY and meet up soon. I don't think that would be wrong since of the TWO k1/k3. K1: is faster. Where is K3 is faster than IR1/CR1 but slower than K1, but the biggest drawback of K3 is, there are highly chances that it can end up being IR1/CR1, which WE DO NOT WANT!!! As that would lengthen the whole immigration process, defeating the whole purpose of filing K3 to save time.

So, plz let me know..in what ways we can avoid K3 ending up into IR1/CR1 CATEGORY AND TAKING UP FOREVER LIKE 10-12 MONTHS. or can I just file K1 instead as long as it's fine. As our his family can not come to USA to attend wedding, so this was little ceremony we had.I don't think that can be a problem, because K1 is not only fastest but guranteed vs. K3 that can turn into CR1/IR1/I-130 by chance

Thanks!

I do not know about the K3 issue. I do know that lying to government about the marriage can get your husband banned from the USA. So do not lie and say you never married. If the ceremoney was small or big does not matter. What matters to our government is that if you married in another country then you are considered married.

Good Luck

I know I have heard that the K3 are fading away because this process used to be even longer but now the government is moving quicker so the K3 does not have the benefit it used to a couple years ago.

[skiptex 225]

you can not do K1 if you are already married.. K3 or CR1 are you only choice.. so you can scratch k1 off that the list..

Edited October 21, 2011 by skiptex

[pushbrk 12,883]

Hi Everyone,

I am new to the Visa Journey site and the process as well. So, plz your guidance will be appreciated. Here are my questions. Thanking you all in advance for reading this post, but I seriously neeed help. So, urging you to read it all the way.

I am a US CITIZEN and married an Indian Citizen in India last month, whom I knew for about 1 year before marriage on long distance scale. I went to India to meet him for the 1st time and in 3 weeks we had very little and a personal wedding ceremony there. Now I am back in the States and would like to file. I went through and read about K1/K3/IR1-CR1 forums to understand the categories.

I guess K3 is an option for me vs. CR1/IR1/I-130. But the major benefit is the TIME saving factor of K3. We are not worried about the immigration part. All we want is to see each other soon and start our life. We don't care if he has to do the AOS after coming here. So, the only thing I am now worried is how can I make sure that when I apply for K3 visa then we will end up getting K3 visa ONLY.

As I read in K3 forum and believe me in last 2 hours I have read more than 100 posts of K3 forum and it's mentioned in more than 60 postings that, K3 no longer exits. Or that eventually people who file for K3 ends up with IR1/CR1 and the I129F gets closed since it's recieved at NVC after receiving I130.

Anyway, WE DON'T WANT THAT. WE ONLY WANT K3 VISA. SO, I KNOW THERE ARE LOT OF KNOWLEDGEABLE PEOPLE ON THIS SITE PLZ I NEED YOUR ADVICE/GUIDANCE, AS TO TELL me what steps to avoid in processing k3 or how can we work out the I-130/I-129F filing and sending them in specific timeline or some way around it so that...our visa will ONLY STAY AS K3 AND NEVER GOES IN TO ....IR1/CR1 CATEGORY?

Meaning how it's happening with lot of people that their intent was K3 visa and they got approved for IR1/CR1 (of course at the expese of time)

AS far as money/finance is concerned, it's not an issue for us. So, no worries on that for us fortunately.

Otherwise, I am thinking of doing K1 visa..(fiance), as that at least gurantees that you will get the visa you filed for to begin with, and with 100% SURITY. As our marriage ceremony was very small and personal. So, I don't think we are doing anything wrong right. I mean our intent is to save TIME ULTIMATELY and meet up soon. I don't think that would be wrong since of the TWO k1/k3. K1: is faster. Where is K3 is faster than IR1/CR1 but slower than K1, but the biggest drawback of K3 is, there are highly chances that it can end up being IR1/CR1, which WE DO NOT WANT!!! As that would lengthen the whole immigration process, defeating the whole purpose of filing K3 to save time.

So, plz let me know..in what ways we can avoid K3 ending up into IR1/CR1 CATEGORY AND TAKING UP FOREVER LIKE 10-12 MONTHS. or can I just file K1 instead as long as it's fine. As our his family can not come to USA to attend wedding, so this was little ceremony we had.I don't think that can be a problem, because K1 is not only fastest but guranteed vs. K3 that can turn into CR1/IR1/I-130 by chance

Thanks!

First, as a practical matter, the most time the K3 has saved since November of 2006 is about six weeks, as compared to an efficiently managed CR1 visa process. You cannot do a K1 visa because you are already married. Really. Period. Hopefully, you registered the marriage and have a government issued marriage certificate. If not, you'll need to accomplish that. Particularly in India, there is such a circumstance as to be too married for a K1 and not married enough for a spouse visa. Do you have that marriage certificate?

[Oksana & Max 94]

Since you did a wedding ceremenony and doesn't matter how small it was. You are not elligible anymore to K-1 visa. K-1 visa is only for the unmarried couple there is a reason it's called FIANCEE VISA. Don't try to play the game with USCIS and Consulate a wedding ceremony is a wedding ceremony, you are not elligible. If you hide it from them, and they will find out later, your wife will face a life ban from ever entering US.

What you read about K-3 is correct it is virtually doesn't exist anymore. And there is 99.9% chance that you will be converted to CR-1 Spousal visa. While K-3 was slightly faster not by much standard processing for K-1/K-3 visa is 6-8 month, very rarely you will get it earlier. I would recommend stick with CR-1 since you married, while you will need to wait longer, there is more benefits to it. First of all CR-1 is an immigration visa, so your wife will get her 10yr permanent greencard and no worries about being able to work, or do AOS, or ROC and in 3 years she will be elligible for the citizenship.

While I went the K-1 route, it was due to the complications for me getting married in the country of my fiancee. It would take me longer to get an approval for wedding there then just go the K-1 route.

Good luck on your journey and think twice before you want to hide something from the USCIS or consulate.

[Leatherneck 693]

The K1 is not an option for you, that is a fiance visa, you're married already.

Edited October 21, 2011 by Leatherneck

[Darnell 8,478]

Please follow the advice in post #4.

[pushbrk 12,883]

Since you did a wedding ceremenony and doesn't matter how small it was. You are not elligible anymore to K-1 visa. K-1 visa is only for the unmarried couple there is a reason it's called FIANCEE VISA. Don't try to play the game with USCIS and Consulate a wedding ceremony is a wedding ceremony, you are not elligible. If you hide it from them, and they will find out later, your wife will face a life ban from ever entering US.

What you read about K-3 is correct it is virtually doesn't exist anymore. And there is 99.9% chance that you will be converted to CR-1 Spousal visa. While K-3 was slightly faster not by much standard processing for K-1/K-3 visa is 6-8 month, very rarely you will get it earlier. I would recommend stick with CR-1 since you married, while you will need to wait longer, there is more benefits to it. First of all CR-1 is an immigration visa, so your wife will get her 10yr permanent greencard and no worries about being able to work, or do AOS, or ROC and in 3 years she will be elligible for the citizenship.

While I went the K-1 route, it was due to the complications for me getting married in the country of my fiancee. It would take me longer to get an approval for wedding there then just go the K-1 route.

Good luck on your journey and think twice before you want to hide something from the USCIS or consulate.

Since this is a new marriage, the first green card will be good for only two years, not ten. They will face removal of conditions before obtaining the 10 year card.

Also, there is no "conversion". Two petitions begin two visa paths. When the K3 visa path dies, the CR1 simply continues. Think of it like a drag race. Two cars (petitions) are racing neck to neck. A third of the way down the quarter mile, the car K3 blows up and car CR1 continues to the finish line.

Currently, I'm seeing evidence that the K3 could actually finish the race but if so, it would only win by a few weeks, at best. It can also slow down the whole race, as the I-130 has to back up and restart with the I-129F. Race analogy again.

Edited October 21, 2011 by pushbrk

[Oksana & Max 94]

Since this is a new marriage, the first green card will be good for only two years, not ten. They will face removal of conditions before obtaining the 10 year card.

Thanks for the correction. I guess this is where the 2 year marriage rule apply.

Well anyway the OP really have no option, because of the virtual K-3 non-existance, he is forced to go with CR-1.

Also, there is no "conversion". Two petitions begin two visa paths. When the K3 visa path dies, the CR1 simply continues. Think of it like a drag race. Two cars (petitions) are racing neck to neck. A third of the way down the quarter mile, the car K3 blows up and car CR1 continues to the finish line.

I just didn't want to confuse the OP with words like "administratively closed" etc....

Edited October 21, 2011 by Oksana & Max

[Póg mo 1,749]

Hi Everyone,

I am new to the Visa Journey site and the process as well. So, plz your guidance will be appreciated. Here are my questions. Thanking you all in advance for reading this post, but I seriously neeed help. So, urging you to read it all the way.

I am a US CITIZEN and married an Indian Citizen in India last month, whom I knew for about 1 year before marriage on long distance scale. I went to India to meet him for the 1st time and in 3 weeks we had very little and a personal wedding ceremony there. Now I am back in the States and would like to file. I went through and read about K1/K3/IR1-CR1 forums to understand the categories.

I guess K3 is an option for me vs. CR1/IR1/I-130. But the major benefit is the TIME saving factor of K3. We are not worried about the immigration part. All we want is to see each other soon and start our life. We don't care if he has to do the AOS after coming here. So, the only thing I am now worried is how can I make sure that when I apply for K3 visa then we will end up getting K3 visa ONLY.

As I read in K3 forum and believe me in last 2 hours I have read more than 100 posts of K3 forum and it's mentioned in more than 60 postings that, K3 no longer exits. Or that eventually people who file for K3 ends up with IR1/CR1 and the I129F gets closed since it's recieved at NVC after receiving I130.

Anyway, WE DON'T WANT THAT. WE ONLY WANT K3 VISA. SO, I KNOW THERE ARE LOT OF KNOWLEDGEABLE PEOPLE ON THIS SITE PLZ I NEED YOUR ADVICE/GUIDANCE, AS TO TELL me what steps to avoid in processing k3 or how can we work out the I-130/I-129F filing and sending them in specific timeline or some way around it so that...our visa will ONLY STAY AS K3 AND NEVER GOES IN TO ....IR1/CR1 CATEGORY?

Meaning how it's happening with lot of people that their intent was K3 visa and they got approved for IR1/CR1 (of course at the expese of time)

AS far as money/finance is concerned, it's not an issue for us. So, no worries on that for us fortunately.

Otherwise, I am thinking of doing K1 visa..(fiance), as that at least gurantees that you will get the visa you filed for to begin with, and with 100% SURITY. As our marriage ceremony was very small and personal. So, I don't think we are doing anything wrong right. I mean our intent is to save TIME ULTIMATELY and meet up soon. I don't think that would be wrong since of the TWO k1/k3. K1: is faster. Where is K3 is faster than IR1/CR1 but slower than K1, but the biggest drawback of K3 is, there are highly chances that it can end up being IR1/CR1, which WE DO NOT WANT!!! As that would lengthen the whole immigration process, defeating the whole purpose of filing K3 to save time.

So, plz let me know..in what ways we can avoid K3 ending up into IR1/CR1 CATEGORY AND TAKING UP FOREVER LIKE 10-12 MONTHS. or can I just file K1 instead as long as it's fine. As our his family can not come to USA to attend wedding, so this was little ceremony we had.I don't think that can be a problem, because K1 is not only fastest but guranteed vs. K3 that can turn into CR1/IR1/I-130 by chance

Thanks!

Is your marriage legally recognized under Indian law? If it is not, then your husband should still be eligible to apply for a spousal visa.

[Oksana & Max 94]

Is your marriage legally recognized under Indian law? If it is not, then your husband should still be eligible to apply for a spousal visa.

I disagree. If they will show pictures from this ceremony to the CO, he/she might see it differently. And like other poster said. They might be no longer eligible for K-1, neither eligible for CR-1. You have to be really carefull with any type of ceremonies.

Edited October 21, 2011 by Oksana & Max

[desividesi 0]

Thanks for your replies to my previous post under the same Title. Just wanted to clarify couple of points here. First of all I am a very proud US citizen holding a crystal clear record of my professional, social, and personal life (even for my driving record). I feel my post has created some negative replies. So in need of that I am clarifying couple of points here.

1. My marriage was not pre-planned as I had not even met the person. So, it was rather spontaneous decision. The plan was to visit India, meet up the person, and come back and think of marriage in near future here, as all of my side of family resides here. But since his side of family would not be able to travel here they insisted on a little ceremony there, which consisted of only 6 people. My family was here, they didn't flew there for it.

2. Per the reply # 4 by "pushbrk", you are 100% right. In fact, I was not able to register my marriage there. As it is consider too small by the law. So, I was NOT able to obtain any "Marrige-certificate".

I hope this makes sense. So, per the legal advice there I was told this is not considered marriage. So, I hope now you see the major dilemma I am in.

Thanks.

[desividesi 0]

So, my intentions were not to play with the USCIS or hide anything.

[pushbrk 12,883]

Is your marriage legally recognized under Indian law? If it is not, then your husband should still be eligible to apply for a spousal visa.

I think you mean that if the marriage is not recognized by Indian law, the husband should still be eligible to apply for a fiancee visa. If that's what you mean, then you're wrong. I covered this already. In India, if they had a marriage ceremony, they are too married for a fiancee visa, legal or not. If they have no legal marriage certificate then they are too married for a K1 and not married enough for a spouse visa. It's a "Catch 22" situation.

If they have or can obtain the marriage certificate, all is well. In either event, K1 is not an option.

[skiptex 225]

i don't see the major dilema.. you are married, so start the petition to bring your WIFE over.. hence K3/CR1.. and you can live happily every after