US Citizen in Military Trying to Decide Between K-1, K-3, IR-1 for Fiancéw

[T-Mo 0]

Hopefully somebody can steer me in the right direction and thank you for taking the time to read my post...

I am new to the visa process and it feels as though the more I learn on my own, the more I become confused. Fortunately I stumbled across visajourney.com, which has been extremely helpful in opening my eyes to the abundance of information and paths that are available for obtaining visas. I will list the facts that comprise my current situation, followed with the dilemma we are facing.

SITUATION:

• I am in the US Military and my fiancé is a Colombian citizen living in Colombia.
• We want her to move to the United States.
• We are not dead set on getting married in the United States (more than likely we will do a ceremony Colombia for her family even if we chose to get married in the United States).
• The earliest we could get married (United States or Colombia) would probably be July, as I have to update my security clearance with my intent to marry a foreign national, which takes roughly 120 days to process this update.

UNDERSTANDING:

K-1 would more than likely the quickest method to bring her to the united states, with the following stipulations:

• Marriage would need to happen within 90 days, and a subsequent Adjustment of Status (AOS).
• Once the AOS is filed she cannot leave the united states (and return) unless she has been granted Advanced Parole (AP), which can take upwards of 90 days to be granted.

INITIAL FEELINGS:

• Initially I was sold on the K-1 method because I could realistically get the ball rolling and submit the I-129F for the K-1 in the next couple of weeks, by February 14th, 2015 once I receive her forms. The paper trail would be started while I am waiting for my security clearance to be updated. The K-1 route would, as it appears, get her in the United States the quickest. My only, and its a HUGE concern, is her ability to return to Colombia during the waiting period for approval of AOS. It is more than likely that I will have to deploy during this time frame of waiting for the AOS approval and I do not want her to have to sit her waiting the whole time I am gone. I would like for her to be able to travel back to see her family and be with them until I return from deployment.
• If I go with K-3, or IR-1 I would have to wait until we get married (no earlier than July) to submit any paperwork to USCIS... obviously this slows the process down from the beginning. Onto the positive side of this method, I understand that a K-3 would allow her to travel back and forth to Colombia for 2 years (or until a IR-1/AOS is approved). And obviously if we waited for IR-1 approval, there would be no waiting for travel as well, just the waiting for filing (post marriage) and then approval.

QUESTIONS:

If we go the K-1 route, and once the AOS is submitted can we request expediting because I am in the military?

While doing the K-1 route, is AP a reliable method for allowing her to go back to her family in Colombia, while I am on deployment or gone for a long time, or is there a chance she will not get to reenter the United States (even if she has AP approved)?

Again thanks for taking the time to read my post and I look forward to learning and hopefully obtaining a better idea as to the best route for my fiancé and I to take.

Regards,

T-Mo

[Jo Së 200]

QUESTIONS:

If we go the K-1 route, and once the AOS is submitted can we request expediting because I am in the military? Yes and No. Simply being in the military will not make a difference as far as the process goes, however, they will expedite your case if you get actual deployment orders.

While doing the K-1 route, is AP a reliable method for allowing her to go back to her family in Colombia, while I am on deployment or gone for a long time, or is there a chance she will not get to reenter the United States (even if she has AP approved)? AP does not keep anyone from leaving the country at any given time. It does not guarantee a return, but most people have no issue reentering the US. The only issue would be is that she would have to be present for her AOS interview.

[Boiler 45,907]

This came up on another thread, petitioning her to become a Permanent Resident means she lives in the US, if she heads back to Columbia every time you are deployed is that practical?

[T-Mo 0]

This came up on another thread, petitioning her to become a Permanent Resident means she lives in the US, if she heads back to Columbia every time you are deployed is that practical?

I understand what you are saying... If I knew that the within the first 9-12 months that she is in the states that I wasn't deploying then it wouldn't be an issue, as I would be here to help her adjust and learn everything in my area. I am just trying to prepare for all possible scenarios and eliminate all possible difficulties or undesirable situations.

[Boiler 45,907]

To quote Napoleon no plan survives first contact with the enemy.

[Howeetest D 18]

I understand what you are saying... If I knew that the within the first 9-12 months that she is in the states that I wasn't deploying then it wouldn't be an issue, as I would be here to help her adjust and learn everything in my area. I am just trying to prepare for all possible scenarios and eliminate all possible difficulties or undesirable situations.

I understand your point of view 110%. My fiancé and I had the same fear when we first started this process (he's USAF). That's why we started this process as soon as we could. Obviously there's no way of knowing if you're going to get deployed until it gets close to that time. I suggest going the Fiancé(e) visa route and getting her friendly and comfortable with your friends (and family if you're posted/based close to them) just in case you get deployment orders. That way she'll have somebody to help her with the adjustment period.

You can only expedite if you get deployment orders. Obviously you don't want that. Think about it. As soon as you get married then you got to ROC for however many weeks then deploy to a horrible place for 6-8 months!!

Just start the K visa ASAP and have a second wedding in Columbia. That's what we will try and do.