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I am a US citizen, born here. I lived in Mexico 17 years and…

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I am a US citizen...
I am a US citizen, born here. I lived in Mexico 17 years and also have Mexican citizenship. My fiance lives in Mexico and is a Mexican national. We want to get married in 2018 and live in the states for a time. What is our best option for a visa and US citizenship for her?
Submitted: 1 month ago.Category: Immigration Law
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12/29/2017
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,147
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

There are essentially three ways to bring her and none are really fast, unfortunately:

1) The K-1 fiancee visa takes around 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F is the form that starts the process. After she enters the U.S., then you have to marry and then you file the I-485 and she will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that she can get Residency.

2) The K-3 spouse visa takes around 9 months, you must be married. The I-129F and I-130 are both required for the process. Then after she enters the U.S., she must still file the I-485 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 around 9 months (essentially almost making the K-3 obsolete). You must be married. The I-130 by itself is what starts the process. 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 might be a little faster but generally more expensive. The CR-1 (and IR-1) might be a little 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 those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

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 U.S. concerns over security and fraud 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.

Also, for U.S. Citizenship, she has to have U.S. Lawful Permanent Residency first for around 3 years if not 5 before she can apply for U.S. Citizenship.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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