Advice on which path to choose?

[Nobby7 28]

I met my girlfriend in Lima, Peru in June of this year and we are now planning for her to permanently move with me here in the US. Since I still have family in Lima, it hasn't been too hard for me to go visit as I only have to pay for a plane ticket.. I've been to Lima twice already since I've met her While we are not officially engaged yet, we are already in the beginning stages of planning a wedding on a beach in Peru (it would be much easier for her parents to attend the wedding if we were to get married over there) I have read the guides and found some very helpful info but I was wondering if anyone in the community had some good advice on what would be the best avenue to take (K-1, K-3, or IR-1). I'll list some info about our situation to consider:

- I am a naturalized US citizen, but was born in Peru

- She has a three year old son (I know K-4 applies to K-1 or K-3.. for IR-1, can you also request an IR-2 simultaneously like the K-4?)

- She has not been previously married

- She applied for a tourist visa to come vist in July, but was denied

- We will probably seek a judge's permission for her son to travel out of the country since the father may resist to sign

- We want our marriage to be special, and since we want to get married in Peru to allow the presence of her parents, the K-1 isn't as attractive. However, if there is a big difference in time for us to be together, K-1 is still something we would consider.

- We would like for her to come visit if possible within either process.

I realize this forum is specifically for K-1 but I couldn't find a more fitting place to post this topic

Looking forward to hearing from you guys! Thanks in advance!

Edited December 3, 2012 by Nobby7

[hikergirl 277]

Here is a comparison chart: http://www.visajourney.com/content/compare

If you are planning a wedding in Peru then the only option for you is to go the CR-1 route. You must get married in the US for a K-1.

There is not normally a substantial difference in time for the processing of the 2 routes and there is a BIG cost difference.

I am not sure if she will be able to visit you before receiving a K-1 or CR-1 visa and moving to be with you. It's up to the consulate in Peru on whether or not they grant a tourist visa.

Good luck in your journey.

[GlobeHopperMama 95]

Ignore info on the K-3, it's really administratively obsolete. It used to be faster than CR-1, but that was many years ago. It basically doesn't exist anymore. As previously stated, if you get married in Peru, really the only path is CR-1 and personally I think it's the preferable one over K visas anyway, as the costs actually end up a bit lower, and it guarantees having the wedding with the people you want there, which was incredibly important to me, as I'm sure it is to you two.

Yes, you can petition her son at the same time as you petition her and both should be eligible to immigrate, but yeah, getting legal permission to remove him from Peru would be something to work on in the meantime.

[Ning 619]

I met my girlfriend in Lima, Peru in June of this year and we are now planning for her to permanently move with me here in the US. Since I still have family in Lima, it hasn't been too hard for me to go visit as I only have to pay for a plane ticket.. I've been to Lima twice already since I've met her While we are not officially engaged yet, we are already in the beginning stages of planning a wedding on a beach in Peru (it would be much easier for her parents to attend the wedding if we were to get married over there) I have read the guides and found some very helpful info but I was wondering if anyone in the community had some good advice on what would be the best avenue to take (K-1, K-3, or IR-1). I'll list some info about our situation to consider:

- I am a naturalized US citizen, but was born in Peru

- She has a three year old son (I know K-4 applies to K-1 or K-3.. for IR-1, can you also request an IR-2 simultaneously like the K-4?)

- She has not been previously married

- She applied for a tourist visa to come vist in July, but was denied

- We will probably seek a judge's permission for her son to travel out of the country since the father may resist to sign

- We want our marriage to be special, and since we want to get married in Peru to allow the presence of her parents, the K-1 isn't as attractive. However, if there is a big difference in time for us to be together, K-1 is still something we would consider.

- We would like for her to come visit if possible within either process.

I realize this forum is specifically for K-1 but I couldn't find a more fitting place to post this topic

Looking forward to hearing from you guys! Thanks in advance!

Getting a tourist visa for her or the parents wont happen. Especially when she has a petiton pending.

Marry in Peru and then file for a C R 1. File same for the child basicly. See 130 form instructions.

She will need the written permision of the bio father or a court order allowing the child to leave. Make sure you are certian of the requirements. Find out from the embassy EXACTLY what they require. Do not assume a judgement will be all they require.

[TBoneTX 45,291]

*** Thread moved from K-1 Process to General Immigration Discussion -- OP hasn't decided on a path yet. ***