Immigration Law Questions? Ask an Immigration Lawyer.
>> I assume she is coming to immigrate, not to visit, correct?
Yes, that is correct. The most important thing is that she can be together with me and our son in Washington State. Other timings are less important. We were able to be together in Omsk Russia a lot over the last 2 years, but now my job situation has changed, and now it is important for her to be here. Whatever brings her here faster, is the best, XXXXX XXXXX
Thank you Guillermo, your help is much appreciated. -- Ted
Well, if you don't have good news, it is still fine. The truth is best :) She does not have any tourist visas at the moment. Our only ace is that our son, also, is already a U.S. citizen with a passport. Otherwise we may be on a K-3 visa track. I had also heard of something like a CR-1 or CR-3 or something starting with a C. Anyway, you're more informed, which is why it is worth asking. I wonder if we couldn't get a tourist visa to Canada or here while she waits? Well, back to you on this :)
1) The K-3 spouse visa takes 6 to 9 months. 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., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.
2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. 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-3 is 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 both:
I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the large volume of cases and also the U.S. concerns over security in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.
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