K3/cr1 questions

[Calebpinter 0]

Hello,

I'm getting married in Bolivia in 3 weeks and plan on coming back to the states in june. I'm american and my fiance is Bolivian. I've read quite a few things on this forum but still have a few questions I'd like to clear up.

1) I have read that the K3 visa is becoming obsolete due to increased processing times but if I were to go the k3 route, don't I just have to wait until I get a notice saying that the i130 has been received before my wife would be able to enter the country?

2) How long would my wife have to wait before being able to enter tje country on a k3?

3) my wife has a 10 yr multiple entry tourist visa to the states that allows her to stay in the states 6 months each year. If she goes the cr1 route could she come in the us on her tourist visa for the majority of her wait time and just return to bolivia for the final part of the cr1 process?

Thanks,

Caleb

[teeak 224]

1) But, you'll have to file the I130 first before you file the I129F. Since the processing times for both forms are about the same, they'll probably be both approved at the same time. As soon as the I130 is approved, the case is converted to an IR1/CR1 by NVC.

2) Most likely a K3 visa won't happen. It'll be converted into an IR1/CR1. In rare circumstances, people on VJ have been able to get a K3 visa though because of a delay in their I130. The IR1/CR1 route takes about 1 year from start to finish.

3) Yes, she can still use her B1/B2 visa as she waits for processing. She'll need to be truthful and disclose to CBP, if asked, that she has a petition pending/processing etc.

[Calebpinter 0]

Ok, and if she does come in the country on a tourist visa, will she be able to return to Bolivia one time to finish up everything or will she need to make multiple trips?

[teeak 224]

Yes, she can return to Bolivia to do her medical and her visa interview. With the CR1/IR1 route, NVC will schedule the interview and provide the letter so you'll know of the date about 1-2 months in advance.

During the NVC stage, she'll need to obtain police certificates from Bolivia, and this is probably something that needs to be obtained in person. https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Supporting_documents.html

[JFH 12,190]

She will need to convince CBP at the border that she has ties to Bolivia still and is only coming to visit. Although she technically has permission to stay UP TO 6 months, the border official is at liberty to stamp her passport and admit her for any amount of time up to the 6-month limit. He could grant her just a month if he wishes. The B2 is for visits. Not to live with you in 6-month installments. Her residence must still be Bolivia. To be honest, it's going to be hard for someone with a husband in the USA to convince a border official that she is visiting for six months and still has a job, etc back home that she has every intention of returning to. Who has that much time off work? I am visiting my husband next month and we are in the CR-1 process. I'm staying for a week and then going home and back to work. It would be better if she made a few short visits.

Edited March 6, 2016 by JFH