Information on immigration process

[Anderson 0]

I am an American citizen. I am engaged to a wonderful lady from Malaysia. We are planning on getting married in June, 2013 and need assistance on information for her immigration to the USA.

We have begun filing out the I-130 to begin now on the K-3 visa. We were both told by the Malaysia government and the US Embassy there that this and the I-129 need to be filed prior to marriage. Once we get married, the US Embassy will file necessary paperwork so she can come here to the United States.

The question is that I am needing assistance or any special requirements for filing when we are not married yet. We will be getting officially married in Malaysia and then coming back here to the United States. We are wanting this to be done as much in advance as possible so that we are ready. I need to work as I am not a Donald Trump or something like him so can not stay outside of the United States for a very long period of time. I am also not wanting to be here without her.

I am hoping to file by the middle to end of July, hoping that everything is approved within 11 months before I go out there. Any suggestions or assistance is greatly appreciated.

Again, we are not married at the current time. We are planning our marriage in June, 2013. We are wanting to get all the necessary paperwork in and approved before I go out there and then finish off necessary paperwork after we are married. I need assistance on what to expect and what I should make sure to do so that this goes smoothly. I can not handle a lot of stress even with my medications with a slight emotional difficulties such as bipolar disorder so really need this to have as little stress on me as possible. She also has some emotional difficulties so really can use all the assistance as possible.

thanks in advance.

[lovebirds85 12]

If you are not married you cannot file I 130 now - It should be filed after you are married !!! Your other option is to consider a fiancee petition I 129F !!! Have that in mind

[Krikit 1,164]

You need to click on the "Guides" link at the top of the page to do some reading. The K-3 visa is obsolete so you would be looking at the CR-1 visa. This visa cannot be petitioned and applied for until after you are married. The K-1 visa can be petitioned and applied for now, but she would have to come to the US to marry.

I am going to move your thread from the US Citizenship forum over to General Immigration-Related Discussion. Good luck, and welcome to VJ.

[Kajikit 65]

I'm afraid that's not the way it works. You can't file for a 'married' visa in advance. You have to wait until AFTER the ceremony to start the immigration process. If you're filing for her now, she's your fiance not your wife and you'd have to do a K1... but then you would have to marry in the US and she wouldn't be able to leave the country for some time. And if you file for the K1 and then you get married before the process is complete, you'd have to start from scratch so your time and money would be wasted.

I also want to warn you that the USCIS can cause difficulties for people with emotional issues. They're very concerned about new immigrants not being able to handle the stress of starting a new life (and it is an EXTREMELY stressful experience). So be prepared to show doctor's paperwork that says she's stable, and to answer questions about how the two of you will cope once she's there, and how you will support her financially if your health deteriorates.