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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105683
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, I am a naturalized US citizen who is originally from

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Hello,
I am a naturalized US citizen who is originally from Iran. I intend to marry my fiance who is an Iranian citizen and currently lives in Iran. Neither one of us has been married before, we are both financially sound and have no criminal history whatsoever. I have the following questions:

Which sponsorship method takes the least amount of time before my fiance can join me in the U.S.:
1. My applying for a "Fiance" visa and then marrying her once she is in the U.S. or, We get married in Iran and I sponsor her as my spouse to receive a Green Card?

2. If I apply for a Fiance visa, is it possible to wait until the file has been transferred to the designated US embassy(in this case Istanbul, Turkey), conduct the visa interview and if approved, travel to Iran, get married under Iranian law then immediately travel to the US and perform the ceremony again in the US to satisfy the conditions of the fiance visa? Thank you.

MRK
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

In response to your first question, there are essentially three ways to bring her and none are really fast, unfortunately:

1) The K-1 fiancee visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After she enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and she will have to wait about 5 to 7 months and gets another interview that you attend with her so that she can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/visa/immigrants/types/types_1315.html

As far as your second question, unfortunately you cannot do that. If you marry before the K-1 is approved AND before she enters the U.S., that would invalidate the K-1. So she would have to enter the U.S. on the K-1 and after that is when she could get married.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Guillermo,


 


Thank you for the information. I now have a clear idea of what we need to do and the best course of action. Thanks.


 


Reza


 


 

You are very welcome. Good luck to you!