file k-1 i-129f or k3

[khmer@nike 0]

My situation:

i'm a Naturalized us citizen would like to sponsor my fiance and her daughter from cambodia to be with me.

1.  We had engage June 29 2017 and plan to get marry oct. 25th 2017.

2.  Is it the best way to apply i-129f to bring my fiance and her daughter to us.

3.  Is it ok for us to get married 3 month later in cambodia?  should i apply for spouse visa to enter us also ?

Thank you in advance for your response.

[Roel 7,192]

11 minutes ago, khmer@nike said:

My situation:

i'm a Naturalized us citizen would like to sponsor my fiance and her daughter from cambodia to be with me.

1.  We had engage June 29 2017 and plan to get marry oct. 25th 2017.

2.  Is it the best way to apply i-129f to bring my fiance and her daughter to us.

3.  Is it ok for us to get married 3 month later in cambodia?  should i apply for spouse visa to enter us also ?

Thank you in advance for your response.

1. Impossible to have k1 visa in hand by October. Processing time is about 6 to 8bmonths, can be more.

3.  No? K1 visa is to get married in the US. It's also one entry visa. Once she get a here she cannot leave USA until she has either travel permit or green card. Those processes take time also. 

2. Yes. 

Edited July 27, 2017 by Roel

[Roel 7,192]

Also k3 is obsolete. Just file for k1 and wait. You have to get married in the USA. 

[KULtoATL 1,551]

1) Applying for K-1 now to get married in October is impossible. If you want to apply for K-1, do not make any travel or wedding plans in advance that cannot be postponed or changed or cancelled until the visa is in hand to avoid losing money.

 

Typical case currently takes 6-8 months. If there's RFE, extended AP or USCIS related delay causes (backlog, speed of adjudicator, holiday season etc), that will add on to the processing time.

 

Please note that religious or cultural wedding ceremony is not encouraged as USCIS will see you as being "too married" for a fiancee visa. For K-1, any kind of wedding or registration of marriage should only occur upon entry into the US.

 

If getting married in Cambodia in a timely manner or on a specific date is important, you can consider getting married first and then applying for a CR-1/IR-1 spousal visa instead. Alas, the wait is slightly longer than K-1 but she'd be granted PR immediately at POE.

 

2) Depending on the age of the child, the child can "piggybacked" on the I-129F and once the petition is approved, the child can apply as a K-2 at the embassy level while the mother is doing K-1. K-2 is for unmarried children under the age of 21.

 

3) In order for her to travel out of the US upon entering and getting married with a K-1, she'll need to file for AOS + EAD + AP. The AP is what allows her to travel out of and return to the US. The EAD + AP combo card does not arrive immediately and usually takes a few months for issuance.

 

She cannot stay outside of the US for an extended period of time even with an AP. She'll need to maintain her presence in the US. 

[khmer@nike 0]

20 hours ago, Roel said:

1. Impossible to have k1 visa in hand by October. Processing time is about 6 to 8bmonths, can be more.

3.  No? K1 visa is to get married in the US. It's also one entry visa. Once she get a here she cannot leave USA until she has either travel permit or green card. Those processes take time also. 

2. Yes. 

Thanks.  it's very helpful