Not sure what to petition for

[danskim 0]

My fiancee and I will be getting married. I am a US citizen, and she is a Korean citizen.

The wedding will take place in Korea because all of her friends and family are there. The plan is for us to move to the US within 2-3 weeks after the wedding.

Because we are still both legally single, I am confused about what I need to do to bring her over to the US.

We don't seem to fit into the category of an IR-1/CR-1 or a K-1 visa.

I am in need of some serious help! Thank you in advance!

Edited December 13, 2011 by danskim

[PAPUNMANMU 4]

My fiancee and I will be getting married. I am a US citizen, and she is a Korean citizen.

The wedding will take place in Korea because all of her friends and family are there. The plan is for us to move to the US within 2-3 weeks after the wedding.

Because we are still both legally single, I am confused about what I need to do to bring her over to the US.

We don't seem to fit into the category of an IR-1/CR-1 or a K-1 visa.

I am in need of some serious help! Thank you in advance!

hi welcome,

I only have a couple words for you guys, there's only 2 ways either go the K1 route and get married in the USA or got the CR1 route and get married over seas BUT none will TAKE 2-3 WEEKS. We all here wished it would but it doesn't please go through in the forums read up on the country she's coming from and make a plan that is more realistic ok because i don't want you to set your hopes up and it's not what it you think it should be. God bless

[kzielu 1,149]

My fiancee and I will be getting married. I am a US citizen, and she is a Korean citizen.

The wedding will take place in Korea because all of her friends and family are there. The plan is for us to move to the US within 2-3 weeks after the wedding.

Because we are still both legally single, I am confused about what I need to do to bring her over to the US.

We don't seem to fit into the category of an IR-1/CR-1 or a K-1 visa.

I am in need of some serious help! Thank you in advance!

Once you get married you will not be single anymore and you will perfectly fit into CR-1 category. 9-12 months rather than 2-3 weeks. Any other attempt will be a visa fraud if your future wife has one.

[Frank and Racquel 18]

Once you get married you will not be single anymore and you will perfectly fit into CR-1 category. 9-12 months rather than 2-3 weeks. Any other attempt will be a visa fraud if your future wife has one.

Is Korea a visa waiver country?

[kzielu 1,149]

Is Korea a visa waiver country?

Does not matter at all in this case... Immigrant intent on VWP can lead to even bigger problems...

[intx13 5]

What sort of ceremony are you planning in Korea? If you're ok with it being unofficial you can do a fiancee visa and have the "wedding" ceremony just before you leave for the US: visa is granted, USC travels to Korea, have wedding (minus getting a marriage certificate), fly back as a couple, go to the courthouse and become officially married, she becomes permanent resident.

Otherwise you'll have to bite the bullet and have the wedding whenever you like, then spend 9-12 months in the visa process before bringing her to the US.

[kzielu 1,149]

What sort of ceremony are you planning in Korea? If you're ok with it being unofficial you can do a fiancee visa and have the "wedding" ceremony just before you leave for the US: visa is granted, USC travels to Korea, have wedding (minus getting a marriage certificate), fly back as a couple, go to the courthouse and become officially married, she becomes permanent resident.

Still fraud if "she becomes permanent resident" mean AOS from B2 visa... Apparently intent will be there...

[NigeriaorBust 4,087]

Still fraud if "she becomes permanent resident" mean AOS from B2 visa... Apparently intent will be there...

The person wasn't suggesting a B2 they were suggesting a K1 and a big departure ceramony with her in a white dress ( or bridal like attire of her choice ) then hopping off to a US court house for a wedding *( a layover in vegas would be great) and then AOS

[danskim 0]

Thank you for all the responses so far. So what I now understand is that the CR-1/IR-1 process cannot be started until we are legally married.

Then perhaps the K-1 visa process will be slightly better for me.

Thank you.

[Darnell 8,478]

are you living in Korea with her, 6 months prior to the wedding date? if so, look into filing the I-130 via the Direct Consular Filing Process. I'm unsure if it's still available in S. Korea, but you should hit the US Embassy/Seoul Web site, dig a bit, and find out, ya?

If it's available, figure 3 months to 4 months from start to finish, when filed in Seoul (as opposed to filing via the Chicago Lock Box in the USA, which is 5 to 13 months, depending on a lotta variables which you have no control over).

[pushbrk 12,897]

Thank you for all the responses so far. So what I now understand is that the CR-1/IR-1 process cannot be started until we are legally married.

Then perhaps the K-1 visa process will be slightly better for me.

Thank you.

Not if you plan to marry in S. Korea. The K1 process requires the marriage takes place in the USA. You'll need to decide whether the location of the marriage, or the speed of being together in the USA is more important. I'm betting your bride wants her marriage in a place her family can attend.

[Ryan H 3,812]

are you living in Korea with her, 6 months prior to the wedding date? if so, look into filing the I-130 via the Direct Consular Filing Process. I'm unsure if it's still available in S. Korea, but you should hit the US Embassy/Seoul Web site, dig a bit, and find out, ya?

If it's available, figure 3 months to 4 months from start to finish, when filed in Seoul (as opposed to filing via the Chicago Lock Box in the USA, which is 5 to 13 months, depending on a lotta variables which you have no control over).

Seoul is on this list of overseas USCIS field offices, so filing a I-130 petition in Korea is still on the table for those who qualify to do so.

Thank you for all the responses so far. So what I now understand is that the CR-1/IR-1 process cannot be started until we are legally married.

Correct because you would be required to submit a copy of the marriage certificate with the petition.

[danskim 0]

Not if you plan to marry in S. Korea. The K1 process requires the marriage takes place in the USA. You'll need to decide whether the location of the marriage, or the speed of being together in the USA is more important. I'm betting your bride wants her marriage in a place her family can attend.

Yes, that is the primary reason why we want the wedding in Korea. All of her family and friends are here, and many of my relatives (I am Korean-American) are here or don't mind flying into Korea.

Would I qualify for DCF? I'm a legal long-term resident of Korea.

[kzielu 1,149]

Would I qualify for DCF? I'm a legal long-term resident of Korea.

Definitely, if you are there for more than 6 months (sounds like you are).

[Darnell 8,478]

Would I qualify for DCF? I'm a legal long-term resident of Korea.

Only if you were in S Korea for 6 months prior to the wedding date. Check yer calendar, do some maths, let us know, aye?