I want to bring my foreign bride to the U.S. but only for 2 years because of retirement and return to her county

[elgringo954 7]

Hummm, why do they recommend filing an I130 and then a 129 as my spouse if they rarely issue K3's anymore? Do if after I file am 130. And then what,,

[NikLR 13,231]

if you want her here faster, do the k1. K3 are obsolete, don't even both IMHO.

[elgringo954 7]

But isn't a K-1 for a fiancé and not a spouse?

[elgringo954 7]

I'm going to CR Monday would I be able to enquire at the embassy of what I should file ?

[NikLR 13,231]

are you already married? Then do the CR1 - it's the superior visa and k3 are rarely granted because the NVC will close the I-129F when it reaches them at the same time or after an approved I-130. Since it's USCIS policy to adjudicate them together its very rare for the I-129F to get to the NVC before the I-130. Even then, if the I-130 is approved but reaches the NVC after, a consulate or embassy can and has closed the k3 route due to an approved I-130 on file. YOU do not pick the K3 route. You can try but ultimately the K3 route is picked by the NVC because of the order in which the petitions reach them.

If you are not already married, do the k1, it's faster, but more expensive. IMHO because you're not planning on living in the USA forever, faster is better.

embassy won't help you with this.. its USCIS and NVC where all the work happens. The embassy does nothing with the file until the interview.

Edited January 4, 2014 by NLR

[elgringo954 7]

Plans are marry Feb 2014 in Costa Rica because of retirement location decision

[NikLR 13,231]

Well if that's what you choose to do then do the CR1 path. Takes about a year or so... http://www.visajourney.com/content/i130guide1

[elgringo954 7]

Reviewing information on the embassy's website what do they recommend the I-130 and then upon receiving it I can file an I-129, although they both are estimated as 5 months and they advise that on the 129 to check off spouse instead of the other option of Fiamce. I am assuming that by checking off the spouse on the 129 that that application is for a k3, isn't it?

[lost_at_sea 995]

Reviewing information on the embassy's website what do they recommend the I-130 and then upon receiving it I can file an I-129, although they both are estimated as 5 months and they advise that on the 129 to check off spouse instead of the other option of Fiamce. I am assuming that by checking off the spouse on the 129 that that application is for a k3, isn't it?

Right. But as discussed, the K3 will never come.

[christeen 966]

Cr1 is taking more like 1 year plus to get approved... K3 is basically an extinct visa... I would SERIOUSLY recommend the K1 visa (and get married in the USA) looking at timing, it is about 6-8 months (you can spend some of that in her country) then, she comes here and you have 90 days together in the USA to get married... From there you can file for AOS or (thinking you will be at the 1.5 year mark) you skip the AOS, she goes to CR, you do another visit then you retire... Or you can file the AOS paperwork for her to stay until you retire... But given the current processing times,mthe CR1 is super slow right now whereas the k1 is moving quicker... Just my 2 cents

[NikLR 13,231]

Right. But as discussed, the K3 will never come.

QFT!!!

Cr1 is taking more like 1 year plus to get approved... K3 is basically an extinct visa... I would SERIOUSLY recommend the K1 visa (and get married in the USA) looking at timing, it is about 6-8 months (you can spend some of that in her country) then, she comes here and you have 90 days together in the USA to get married... From there you can file for AOS or (thinking you will be at the 1.5 year mark) you skip the AOS, she goes to CR, you do another visit then you retire... Or you can file the AOS paperwork for her to stay until you retire... But given the current processing times,the CR1 is super slow right now whereas the k1 is moving quicker... Just my 2 cents

I very much agree with you.

[slowlyman 118]

Reviewing information on the embassy's website what do they recommend the I-130 and then upon receiving it I can file an I-129, although they both are estimated as 5 months and they advise that on the 129 to check off spouse instead of the other option of Fiamce. I am assuming that by checking off the spouse on the 129 that that application is for a k3, isn't it?

The consulate timelines are not reliable and rarely reflect actual process times.

Here on VJ average time to the interview is 331 days. I would put more faith in that number then the Consulate.

[elgringo954 7]

I understand, but the logic behind marrying in Costa Rica is that of anything goes sour it would be easier to divorce there than have to return to the states and not to mention she doesn't speak English so I'm thinking it would just be more complicated stateside. Thanks for all your help.

[slowlyman 118]

Regardless where you get married. "Pre-nup"

[dwheels76 5,468]

I'm going to CR Monday would I be able to enquire at the embassy of what I should file ?

You can enquire all you want all they will tell you is the forms. They can not advise you nothing. What many have said with your short window a K1 is best since you aren't marrying you could very well be done in 6 months have her here get married in 90 days and live out the rest pf your 2 year retirement and move.

Contrary if you marry first than file a I-130 you are looking at possible over a year before you even get to interview. Once you file either the likelihood of a B2 is null.

And there's no guarantee even after you marry and move that she will ever get a B2.

If getting her here fast as possible to live with you is your goal than its the K1 for you.