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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96317
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, my son was born overseas and we obtained a U.S. passport

Resolved Question:

Hi, my son was born overseas and we obtained a U.S. passport for him by going to the U.S. Consulate. I am a U.S. citizen, but my wife is not. For her to get a visa to come to the U.S., is it better for us to file for a K-3 Visa, or something else?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
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. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


I assume she is coming to immigrate, not to visit, correct?
Customer: replied 1 year ago.


>> 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

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, unfortunately, I probably will not have good news for you. I know what it is that you want, but it may be difficult. Does she have a B-2 tourist visa already or an ESTA Visa Waiver?
Customer: replied 1 year ago.


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 :)

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then they will almost certainly not approve a B-2 tourist visa or ESTA Visa. It isn't so much a question of whether the marriage is real, it is just the processing time because there are cases ahead of you and they still have to run a background check as to who she is. So that will all take some time. They won't normally approve a B-2 or ESTA if they discover her immigrant intent and that is almost for sure when they see she is married to a U.S. Citizen and has a U.S. Citizen son. IF she could somehow get one, she would also have issues trying to get in with such a non-immigrant visa and sometimes that goes very wrong because if they catch her in a lie upon trying to enter, they could ban her for 5 years or permanently. So one has to be very careful.

The correct way would be one of the following:



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:

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

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.

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 go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96317
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35158 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.