Do we have some flexibility here between K-1 & K3?

[Grant PDX 183]

Given what you've written, with being prepared to go to the clerk's office this coming weekend, I'd recommend the CR-1 route. Nobody can say for sure how long the visa process will take. 15 months ago, if you lived in the VSC area you could get the K-1 petition completed in 3-4 months. Recently it's been 7. Last summer you could have gotten a CSC petition completed as quickly as 75-90 days, now that's looking like a 6-7 month process. They vary wildly. After the petition is approved there is additional time required, mostly in your fiance's country and those times vary also. If you lived in the western US and applied for a K-1 visa in December 2011 your fiancee could have been here in 6-7 months. If you did the same application in June 2012 she could have been here in 5 months, possibly less. If you applied in July or August 2012, however, she still wouldn't have the first step complete 6-7 months later. It will continue to vary.

Based on the history on this website, the CR-1 USUALLY does take longer. As much as 2-3 months longer, but occassionally do go faster as well. Given what you've stated about timelines, I would recommend going the CR-1 route. It would allow you to marry next week, then apply. She would HAVE to go back home for that process. She could be approved as quickly as 7 month or as long as 12 months later (perhaps longer, the process is a black box). It's unlikely but not impossible that she'll be able to move here in September, but most likely it won't be too many months later.

You will have to spend time apart, likely beyond September. But the process is significantly cheaper, not too much longer, and gives you control over the date of the wedding. You can always go to Mexico in September for a religious ceremony (but not civil, you'll already be married). You have more control of the wedding date and celebration date schedule through the CR-1 process.

Good luck!

[bigdog 376]

We did k-1, but would probably would have gotten married first and applied, after a review of our circumstances.

[Krikit 1,163]

CR-1 is the superior visa in your circumstances.

A couple of posts have been removed. Further such posts will result in a thread-ban.

Moving from K-1 Process to General Immigration-Related Discussion.

Welcome to VJ.

[Darnell 8,478]

So, you have an opportunity to get married this upcoming week. I say take it.

Then file the I-130 petition the week after, chasing after a CR-1 visa .

Why? Your I-130 will be adjudicated at MSC and they be a bit faster (usually) ...

Then you'll be doing MEP (Mexico Electronic Processing) at NVC, so you'll get an interview date FASTER than those who not use EP (Canada be the exception there, they are still lagged)

so ... September something for family, in two places? Make it a 'celebration of marriage' rather than a marriage ceremony.... Can have big parties, you betcha.

[Love's JAA 100]

Based on timeline alone, you should file the K-1 visa because that will likely be 6-12 months of processing from now (being separted by borders). If you wait until September and actually get married in Mexico, you will have 6-12 months of processing AFTER your marraige (also beign separated by borders). You can have a ceremony in Mexico, but DO NOT MAKE IT LEGAL OR YOU WILL HAVE TO CANCEL YOUR K-1 VISA AND REFILE USING THE I-130! Say that the party was for her family and that you are waiting to marry civily in the United States at your interview if they ask about the party. If she can travel to the USA with another kind of visa, she might have some trouble getting in since the Point of Entry police will know that there is a K-1 visa application in the works, but many have been able to travel as long as she plans on returning to Mexico as long as she can prove she does not intend to break the law, or can prove that her stay in the USA would be brief.

Becareful of your nonwedding ceremony. I heard some got denied K-1 because the CO thought the ceremony was a marriage ceremony. They only have to suspect or have doubt to deny your K-1.