Q&A: K1 fiancé or K3 fiancé visa?

Question by : K1 fiancé or k3 fiancé visa?
Hello everyone!I’m an US citizen and currently am studying in Ukraine. I met a girl here and proposed to her. I would like to bring her to the states and get married. The only problem is I do not know which route to take. In other words a faster and better route. She is an Ukrainian citizen with no criminal record, but she also has a child from a previous marriage. The child currently lives with her parents and is fully supported by her parents. I would love to file a k2 visa for him, but since the child is under 16 years of age, her previous husband still has rights and does not want to release him to come live with us in the States. This situation is tricky and I don’t know whether this should be mentioned at all at the interview. Can this somehow delay the process or possibly ruin her chances of leaves with me to the states. Also is it better to marry her here (abroad) and file a K3 Visa or will that be a longer waiting period? Any help will be appreciated, thanks!

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Answer by Will – BooC
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  1. well, if you’re currently studying in Ukraine, you should start by asking the immigrant visa section at the embassy if it’s possible for you to file directly there rather than back in the US. if you can, then you should marry there and file an I-130 immigrant petition for the CR-1 immigrant visa. that would certainly be a lot faster and she’d enter the US as an immigrant rather than a nonimmigrant. if she does come in on the K-3, or the K-1, you’d end up having to file for adjustment of status later, which will delay getting the greencard and cost you an extra $ 1,000 filing fee to boot. K-3s aren’t all that useful anymore anyway. you don’t save much time going that route. as for the kid,there’s no reason not to mention the kid. it’s not going to affect her visa, she’s either your wife or she isn’t. the kid doesn’t really factor in. the kid can come later, you can file for the kid in the CR-2/IR-2 category until he turns 21. that takes about a year to process. if your wife filed before she became a citizen that would be an F2a and would take about 4 years at the moment.

    if you can’t file at the embassy,you will need to file back in the US. you don’t have to actually be there to do it though. so, you could marry now, file the petition in the US and cut down on the waiting time it will take to process and approve the petition and set up an immigrant visa interview.

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    George L 24 December 2011 at 12:08 pm Permalink
  2. follow the flow charts here
    http://www.visajourney.com/

    http://familybasedimmigration.com/forum/index.php

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    Uncle 24 December 2011 at 12:35 pm Permalink