Marriage and visa advice (utopiacowboy please read)

Gustav says on Sep 28, 2005, 21:14:

PS - timeline? P.S.

I know it varies, but, I have good evidence of meeting in person, have ticket stubs, photos, etc and the needed supporing evidence mentioned by visajourney.com, what is the wating period range for a K-1? Are there additional or better options than a K-1 given my situation?

Thanks.

0 funny, 0 helpful.

Gator says on Sep 29, 2005, 06:16:

I Would.... start gathering everything you/she will need. Make sure you dot the "i's"and cross the "t's" and follow the requirements to the letter. You will need additional paperwork if it is to be a Catholic wedding.

No, you can't apply for a K-3 marriage visa until the paperwork is in hand. Of course, it goes without saying, the K-3 "86's" the K-1 application.

P.S. Do NOT forget to file the certificate of marriage with a Colombian notary IN THE JURISDICTION where the wedding takes place. For Colombian and visas purposes this step is required.

P.S. other than the time involved to complete the process it really is not that bad. Good Luck.

Take over, Utopia

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

utopiacowboy says on Sep 29, 2005, 07:53:

I'm a little confused. In the original post he says he's going to get married in Colombia and get a K-3. In the next post he says he's going to get a K-1.

A K-1 is the fiancee visa which is good for a single entry into the US for a 90 day period during which time you are expected to get married. After the marriage you apply to adjust your status to permanent resident. If you get married in Colombia this option is NOT open to you. For this visa you need all the proof of relationship mentioned in the second post. Note that K-1 petitions are handled by 4 different USCIS service centers depending on where you live. The processing dates vary.

In the past it took a long time for immigrant visas to be processed. As a result spouses of American citizens spent months or even years waiting for their visas. As a stopgap measure they created the K-3, a visa that allows the spouse to come to the US to await approval of the immigrant petition (I-130). As a practical matter most K-3s adjust their status to permanent resident in the US after their immigrant petitions are approved. A few go back to their home countries to get the immigrant visa - it depends on how long your local district office is taking to act on AOS applications.

For a K-3, the spouse files an I-130 and when he/she receives the Notice from the USCIS that it has been received, you file an I-129F for the K-3. K-3 petitions are all handled by the National Benefits Center in Missouri.

Current processing dates:
K-3 as of 9/20/2005 they are processing petitions dated 8/16/2005.

K-1 (Texas) as of 9/20/2005 they are processing petitions dated 7/07/2005.
K-1 (Vermont) as of 9/20/2005 they are processing petitions dated 8/13/2005.
K-1 (Nebraska) as of 9/20/2005 they are processing petitions dated 7/01/2005.
K-1 (California) as of 9/20/2005 they are processing petitions dated 7/07/2005.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

0 funny, 0 helpful.

Gustav says on Sep 29, 2005, 09:14:

Thanks Gator and Utopia for helping us narrow this down.

I meant K-3, not K-1 in the 2nd post. Based on our situation, the K-1 is not right for us. I'm in the process of gathering information, planning, paperwork, saving receipts, photos, etc. One idea that we've thought of is to have a civil (legal wedding) in November while I'm down in Colombia, then start the K-3 filing process shortly after, then later plan and have a regular wedding in Jan/Feb. What sort of paperwork do I need to have on hand in order to have a civil wedding in Colombia? Does this sound like a viable strategy?

0 funny, 0 helpful.

utopiacowboy says on Sep 29, 2005, 11:24:

You can gather all the information that you need but you can't actually file until after you are married. One of the things that you are going to have to have is a notarized copy of your marriage certificate (registro civil) translated into English.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

0 funny, 0 helpful.

cam0940 says on Sep 29, 2005, 20:00:

UTC, the OP said that they were talking about a church wedding in Bogota, which isn't recognized when he goes to file the K-3 right? It would have had to been a wedding performed by the Notaria to be recognized at the embassy.

Therefore, couldn't he have his cake and eat it too? Get married at the church to pacify his fiancee's desires, but then file a K-1 since the marriage wouldn't show in the registro civil?

Even with the stopgap, you have married couples waiting 2 or 3 times longer to be together. It seems to me that if you are ultimately planning to live in the U.S., the K-1 is the way to go.

A Church wedding may be the answer, because it counts for his new Colombian in-laws sentiments, but means nothing at the Embassy.

0 funny, 0 helpful.

utopiacowboy says on Sep 29, 2005, 21:24:

Cam, check out the current processing times above. Which is the fastest? The K-3. The only married couples that are waiting longer are those that opted to go the CR-1 route but it will be worth it. They will enter the US with a green card and immediately be entitled to work and travel freely. A K-1 has to AOS after marriage, have an EAD to work, and an AP to leave the country while the AOS is pending. I would be very careful about having a church wedding in Colombia and entering on a K-1. You can have a church wedding in Colombia registered at the notaria and then you have a registro civil.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

0 funny, 0 helpful.

cam0940 says on Sep 29, 2005, 22:08:

OK. Then he can run with that. As I reflect on my comments objectively, it was really my own personal preference to have my marriage certificate issued in the country that I'll be residing in.

0 funny, 0 helpful.

lpdiver says on Oct 12, 2005, 12:55:

Maybe it's just me BUT... I wouldn't lie about anything on my wife or fiance visa application. It may be a small chance but if they find out that she is married and lied you are going to have to file for a waiver ( lots of time and money).

Tony

"cook some rice!"

0 funny, 0 helpful.