I-130

[Kolewenoik31 57]

I have a question to ask about time frame when filling I-130. I was told that when filing the I-130 the beneficiary must remain in their country, and that it will take up to 1 yr. for all of the paperwork processing.So, for all you experts out there is this a reality that if I marry my fiance' that we will be separated for 1 yr. before he can come at all even for a visit? No similar provision as the K-1, which is to come to the US earlier than a year?

[Alaska2012 462]

It can take up to a year, 8-10 months if you are lucky. He can still come and visit, there is no rule saying he can't...

[Penguin_ie 5,992]

He does not have to remain in his country. He can come visit if he has a tourist visa, or you can meet in a third country.

[Kolewenoik31 57]

It can take up to a year, 8-10 months if you are lucky. He can still come and visit, there is no rule saying he can't...

Ok filing the I-130 gives you permission to travel? Can you explain how, so this means he can go back and forth?

He does not have to remain in his country. He can come visit if he has a tourist visa, or you can meet in a third country.

Is the tourist visa a separate filing or is it included with the I-130

[NikLR 13,227]

The I-130 is a petition that allows your relative (in this case your husband) to apply for an immigrant visa. It doesn't do anything else. He would still need to apply and obtain a regular tourist visa if he wanted to visit. Because he doesn't already have it, he may be denied getting one now that he is married to a USC.

Also you may want to amend your profile and your timeline to reflect the fact that you two are trying to obtain a CR1/IR1 visa NOT a K1 visa.

[Alaska2012 462]

No he will need a tourist visa to come visit you. It's a seperate filing and as long as he can show strong ties to his country during this time he should be fine.

[Penguin_ie 5,992]

He would need a separate tourist visa, and it'll be difficult to get one from his country and with a pending immigrant petition. From the way you were talking, I thought he may already have one, because even with a K1, he'd need one to visit during the process, and the K1 is only a few weeks shorter than the CR-1.

[Kolewenoik31 57]

He would need a separate tourist visa, and it'll be difficult to get one from his country and with a pending immigrant petition. From the way you were talking, I thought he may already have one, because even with a K1, he'd need one to visit during the process, and the K1 is only a few weeks shorter than the CR-1.

Ok maybe I confused everyone..We have not filed for anything yet just weighing opt. We were trying to figure out which visa will allow us to be together in the least amount of time?

[NikLR 13,227]

Ok maybe I confused everyone..We have not filed for anything yet just weighing opt. We were trying to figure out which visa will allow us to be together in the least amount of time?

They take the same amount of time approximately. The CR1 has the advantage of being an immigrant visa so the beneficiary can work and travel right away. That also means the cost of the whole ordeal is less. But it means not living with your spouse right after marriage.

Everyone wants to be together faster. But you can't base your choice of that. You should base it off of what is best for the both of you via pros and cons of each visa path.

[Kolewenoik31 57]

They take the same amount of time approximately. The CR1 has the advantage of being an immigrant visa so the beneficiary can work and travel right away. That also means the cost of the whole ordeal is less. But it means not living with your spouse right after marriage.

Everyone wants to be together faster. But you can't base your choice of that. You should base it off of what is best for the both of you via pros and cons of each visa path.

Ok one final attempt to wrap my mind around this visa thing. If my fiance and I get married, file the I-130. I am aware he will be in his country for about 8-10 months maybe a yr. So the only way he can come visit is to file a separate visitors visa which could possible be denied because of the I-130 petition is this correct? So the question is simple...can he visit me during the pending petition without filing a visitors visa...or is that only the way he can visit if granted?

[Penguin_ie 5,992]

He needs a visa to travel to the USA for any reason.

[Kolewenoik31 57]

He needs a visa to travel to the USA for any reason.

Being that he needs a visa to travel...what type...if we are filing a I-130 {in addition}, and will that different visa cause a denial in either petition ie. visitor/I-130 etc? ***Note we have not filed any petition yet still weighing options

[Penguin_ie 5,992]

I am not sure you understand what everyone is saying here about the need for a visitors/ tourist visa, or maybe we still don't understand what you are asking....

He needs a tourist visa to visit, or an approved K1 fiance visa if you are not married or CR-1 spousal visa if you marry to immigrate; a I-130 (even when approved) is not a visa, it's only a petition, so would not allow him to travel to visit you. The K1 is no faster than the CR-1, though if you met within the last two years, you can file it immediately so I guess in a way it is faster, as you do not have to travel and get married first.

He can apply for a tourist visa anytime, but it is very difficult for someone from Kenya to get one (does he have strong ties such as minor kids staying home, enrollment in university or a great job?), and would likely be more difficult once a petition is filed.

[Kolewenoik31 57]

I am not sure you understand what everyone is saying here about the need for a visitors/ tourist visa, or maybe we still don't understand what you are asking....

He needs a tourist visa to visit, or an approved K1 fiance visa if you are not married or CR-1 spousal visa if you marry to immigrate; a I-130 (even when approved) is not a visa, it's only a petition, so would not allow him to travel to visit you. The K1 is no faster than the CR-1, though if you met within the last two years, you can file it immediately so I guess in a way it is faster, as you do not have to travel and get married first.

He can apply for a tourist visa anytime, but it is very difficult for someone from Kenya to get one (does he have strong ties such as minor kids staying home, enrollment in university or a great job?), and would likely be more difficult once a petition is filed.

Thank you..finally the question is answered. Sorry if there was some miscommunication. The question was to be simple.."How can a person travel or visa if they have filed a I-130..is it possible or not!" But I see the miscommunication was finally figured out which is even "if" there is a petition filed some type of visa ie. tourist/visitors will still be needed...and...coming from Kenya it will be very difficult! whoosh

Another question why is it so hard to get any type of visa from Kenya, is it a high fraud country?

[Darnell 8,478]

Ok filing the I-130 gives you permission to travel? Can you explain how, so this means he can go back and forth?

No.