Wedding in Oct, Should I file now or later?

[desiboy2k4 0]

Hi all,

First of all, I LOVE THIS FORUM. In just one day, I found so much information that I've been searching everywhere without any luck!!

My situation: I'm getting married in end of October. My fiance is in India at this time. I'm U.S. Citizen.

My questions are

1. What should I file? I-130 with I-129f (k-3 visa)seems to be the best choice but I can also file for fiance visa(k-1) and that would be just 129f.

2. Where should I file? Since I'm getting married in India, I have option of filing from here or over there, correct? If so, which is preferred/faster?

3. Can I do anything at this time to help this process? Maybe go there for a week and register marriage?

4. Also, is it true that if I file from Delhi, I would need to stay there for 90 days? I keep hearing that the rule does not apply anymore. Does anyone know for a fact what the current law is?

THANKS for all your help!!!

[TracyTN 237]

If you're set on getting married in India, then I would apply for the spousal visa after the ceremony. I don't see how you'd possibly have enough time to get the fiance visa, get her to the states, have a civil wedding, apply for adjustment of status/get her travel approval document (advanced parole) in enough time to make it back to India for the ceremony there in October.

Sorry I can't answer the India specific questions - someone else here surely will be able to, though!

[Mononoke28 135]

I'm with ya, there is not enough time to get approved for a visa and go back to get married in October, it's just not feasible. Best route to take is get married in October and apply for the K-3 if you want it faster.

[Damian 0]

You can also get the Civil stuff out of the way first if you choose and then hold a reception later.

This is what we did:

Got married legally (civil, court business) in January 2007. Applied for marriage certificate.

When I got back home (NYC), I filed the I-130 and then later the I-129F.

It’s been about 2 months since I sent everything in to Vermont. I got a few touches but nothing to start dancing around about.

We’re holding the reception in Guyana on June 17th 2007. My family couldn’t go there in January so we decided to hold it in June.

I’ve read here that some people did this and it was fine but like they say, every case is different. To fill the gap between civil marriage and traditional stuff, you can visit her, go on a vacation together, take lots of pics, etc.

Hope this helps.

Edited April 10, 2007 by damian

[lovelycouple 0]

1. As said above, K-3 visa is your best option.

2. You can only file in India if you have been living there ie you are a resident of India and a US Citizen.

3. If you can get a register marriage (i.e you are married) by going there and coming back here and then apply for the K3. I belive you can do that because you are officially married.

Hi all,

First of all, I LOVE THIS FORUM. In just one day, I found so much information that I've been searching everywhere without any luck!!

My situation: I'm getting married in end of October. My fiance is in India at this time. I'm U.S. Citizen.

My questions are

1. What should I file? I-130 with I-129f (k-3 visa)seems to be the best choice but I can also file for fiance visa(k-1) and that would be just 129f.

2. Where should I file? Since I'm getting married in India, I have option of filing from here or over there, correct? If so, which is preferred/faster?

3. Can I do anything at this time to help this process? Maybe go there for a week and register marriage?

4. Also, is it true that if I file from Delhi, I would need to stay there for 90 days? I keep hearing that the rule does not apply anymore. Does anyone know for a fact what the current law is?

THANKS for all your help!!!

[pushbrk 12,822]

1. As said above, K-3 visa is your best option.

2. You can only file in India if you have been living there ie you are a resident of India and a US Citizen.

3. If you can get a register marriage (i.e you are married) by going there and coming back here and then apply for the K3. I belive you can do that because you are officially married.

Hi all,

First of all, I LOVE THIS FORUM. In just one day, I found so much information that I've been searching everywhere without any luck!!

My situation: I'm getting married in end of October. My fiance is in India at this time. I'm U.S. Citizen.

My questions are

1. What should I file? I-130 with I-129f (k-3 visa)seems to be the best choice but I can also file for fiance visa(k-1) and that would be just 129f.

2. Where should I file? Since I'm getting married in India, I have option of filing from here or over there, correct? If so, which is preferred/faster?

3. Can I do anything at this time to help this process? Maybe go there for a week and register marriage?

4. Also, is it true that if I file from Delhi, I would need to stay there for 90 days? I keep hearing that the rule does not apply anymore. Does anyone know for a fact what the current law is?

THANKS for all your help!!!

If you "live" in the USA, the fastest way to get her here after marriage is to go the K3 route. You cannot do a direct consular filing from India unless you are legally "residing" in India. However, if you plan an extended stay after the wedding, nothing stops you from mailing the petition(s) from India using your US address as your residence and mailing address.

"Married" is married. Ceremonies are ceremonies. If you want to marry civily before October in order to file earlier and then do the ceremony/celebration later, that's up to you.

[citizen 0]

desiboy..

a friend had the same prob..this is what he did-- he went to india, got married in simple civil ceremony, got all the req'd docs, pics, proofs, came back and took the K3 route..

they still plan to have a grand custom marriage/reception in india later on..

hope we didnt confuse u

[vikasp 0]

Take a look at http://newdelhi.usembassy.gov/uscisi130pet.html for your New Delhi question.

[KHURRAM SERAJ 0]

I would wait till after marriage and apply for a K3

--------------------------------

***I-130***

2006-12-14 I-130 Sent to Vermont Service Center

2006-01-12 I-130 NOA1

2007-04-06 approved!

***I-129F (new form)***

2006-01-31 I-129F Sent to Chicago

2006-02-07 I-129F NOA1

2006-02-12 I-129F Forwarded to Vermont SC

2007-04-06 approved!

Edited April 10, 2007 by KHURRAM SERAJ

[ras001 0]

Hi all,

First of all, I LOVE THIS FORUM. In just one day, I found so much information that I've been searching everywhere without any luck!!

My situation: I'm getting married in end of October. My fiance is in India at this time. I'm U.S. Citizen.

My questions are

1. What should I file? I-130 with I-129f (k-3 visa)seems to be the best choice but I can also file for fiance visa(k-1) and that would be just 129f.

2. Where should I file? Since I'm getting married in India, I have option of filing from here or over there, correct? If so, which is preferred/faster?

3. Can I do anything at this time to help this process? Maybe go there for a week and register marriage?

4. Also, is it true that if I file from Delhi, I would need to stay there for 90 days? I keep hearing that the rule does not apply anymore. Does anyone know for a fact what the current law is?

THANKS for all your help!!!

desiboy2k4,

To answer your question about if you can file from Delhi - I went to India 02/16/2007, got married 02/23/2007 in Mumbai and then went to Delhi to make a DCP application but they refused to accept my application because I had not stayed in India for 90 days. I had to make my application from the US after returning. From what I hear they will be increasing this from 90 to 180 days sometime in May 2007. Sorry to bring your hopes down but seems Delhi has become quite strict about this. My cousin filed from Delhi last year July-06 from Delhi and their petition got accepted without the 90 day stay requirement. I wasn't that lucky

My time timeline-

03/13/2007 - Sent I-130 to Nebraska Service Center

03/20/2007 - Received NOA1 for I-130 from California Service Center

03/21/2007 - Touched (status pending at CSC)

03/21/2007 - Sent I-129F to Chicago

04/04/2007 - Received NOA1 from MSC

04/10/2007 - Touched (status pending at NBC)

[desiboy2k4 0]

THANKS to ALL for answering the questions!!!!

I'll be following the K-3 route and will wait until I get married to start the process. I think with K-3 its taking about 4 to 6 months on average which seems to be the fastest comparing to I-130.

I was thinking of going there now, do the court marriage, file the I-130 from here and then by the time i go there for marriage, she would have the visa to come here so that she can just come with me. However, I don't think that this will work since they may have problem accepting the court marriage as a bonafide marriage.

Does providing the evidence of bonafide marriage such as phone bills, joint bank accounts, etc. speed up the processing time?

[Mononoke28 135]

Whatever evidence you send in with your application won't speed up the process, it will only help you prove that you and your wife have a bonafide marriage, that's all.