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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
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Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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I am a US Citizen recently engaged to a my fiance an Indian

Resolved Question:

I am a US Citizen recently engaged to a my fiance an Indian citizen. My question:
1. Is it better for me to pursue the K1 finace visa route and then get married or
2. Get married and pursue the k3 visa route (filing both I130 and I129F)
or is it the same currently in terms of time to be approved the non-immigrant visa
Also, while either petition is in process can my fiance/ spouse visit me in the US on her valid tourist visa if I provide a letter that she will return after her short visit to meet me and will not immigrate until the petitions are approved?
Trying to figure out the quickest way for us to be together in the US and bet chances to meet in the interim as well.
Thanks
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 11 months ago.

Hello and thank you for using our service. My name is XXXXX XXXXX 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.

 

The k1 or k3 both take about the same amount of time. So you matter as well do the k3 so she enters with her green card and doesn't have to do anything else with immigration when she arrives. As to visiting in the interim, since she already has a visitor visa she may be able to use that but if she is asked if she has filed an immigrant visa she will have to say yes and they may not allow her to visit. That is a small risk and no one can tell you for sure what will happen. Typically they do not want people visiting while they are in the immigrant process. The safest thing would be for you to visit her, I just cannot tell you what the officer at the port of entry will do.

 

I hope this helps clarify. 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 to you. 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 make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!

Customer: replied 11 months ago.

I understand k1 visa (single entry to come to the Us to get married and then file for AOS) is taking approx 5+ months; does this mean with the K3 visa my spouse could potentially cme to the US in 5 + months (based on currnet timelines) with a green card?

Expert:  Georgetown Lawyer replied 11 months ago.
Those timelines are approximate, so do not rely on them. Everyone wants to hold immigration to those timelines but rarely does it occur in that time. Furthermore, the I-130 tends to get approved fairly quickly with the k3 option and the case converts to a green card case at that point. Again, either option typically takes the same amount of time in practice...maybe one will be a few weeks more or less but no one can tell you how long and which one is faster. In reality, k1 should be faster but in practice they both end up taking the same amount of time especially when you are dealing with the embassy in India which is one of the slowest ones because of the volume of cases it handles. I hope this helps clarify. Thanks and best regards.
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12044
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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