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What Marriage Visa Should you Petition for?


Should you marry overseas, or not?

Until recently the visa petition process for married couples was much slower than that for engaged couples.  Now the processing times are roughly equivalent, so the decision to marry overseas should be made based upon what the couple wants to do, not based upon which visa might process the fastest. Married or engaged, average time for approval of a well prepared visa petition is about 7 to 8 months from the day you submit the petition.  (updated March 15, 2010)

For Single/Engaged
For married couples

You can Choose between a K-3 Spousal Visa, or a CR-1 Visa


Previously the CR-1 Visa was much slower than the K-3 making the K-3 the popular choice. This has recently changed. Currently the processing times are roughly equivalent, making the CR-1 visa which includes a green card and is roughly $600 less expensive the new popular choice.
The K-3 is attractive if it's multiple entry features allowing your alien spouse two years to come and go to the USA before taking up permanent residency and applying for a Green Card is preferred.
K-1 Fiancee Visa K-3 Spousal Visa CR-1 Spousal Visa
Uses I-129F Petition

USCIS Filing Fee:  $455
Overseas Medical: $200
Consulate Visa Fee: $350

Single entry visa to start travel to USA within 6 months of issuance. Valid for 90 day stay in USA to marry, and apply for Green Card.

Dependent Children can be included at the same time. This is a K-2 (Dependent Visa)

USCIS Filing Fee: $0
Overseas Medical: $200
Consulate Visa Fee: $350

Adjustment of Status (Green Card), 1-485 Petition
After marriage in the USA, you apply for permanent residency (Green Card) for your new spouse.

USCIS Filing Fee:  $930
USCIS Biometrics: $80

Dependent Children can be included at the same time.

USCIS Filing Fee:  $600
USCIS Biometrics: $0
Uses I-130 PLUS I-129F Petitions

Filing Fee: $ 355
Medical:    $ 200
Visa Fee:  $350


Multiple entry visa, valid for 2 years. Before visa expires alien spouse should
take up permanent residence in USA and apply for Green Card.


Dependent Children can be included at the same time. This is a K-4 (Dependent Visa)

Filing Fee: $ 0
Medical:    $200
Visa Fee:  $350

Adjustment of Status (Green Card), 1-485 Petition
After marriage in the USA, you apply for permanent residency (Green Card) for your new spouse.

Filing Fee:  $930
Biometrics: $80

Dependent Children can be included at the same time.

Filing Fee:  $600
Biometrics: $0
CR-1 Spousal Visa  (If marriage is less than 2 years old, if older it is called IR-1 Visa), I-130 Petition

Uses I-130 Petition

Includes Permanent residency (Green Card) for your new spouse.


USCIS Filing Fee:  $355
NVC Affidavit of Support Fee: $70
NVC Immigrant Visa Processing Fee: $400
Medical:  $200


Dependents

USCIS Filing Fee:  $355
NVC Affidavit of Support Fee: $70
NVC Immigrant Visa Processing Fee: $400
Medical:  $200
Total Cost  Including
Green Card
Total Cost  Including
Green Card
Total Cost  Including
Green Card
Spouse $2,015
Child $1,150
Spouse $1,915
Child $1,150
Spouse $1,047
Child $1,047



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Note:  If legal advice is required we recommend hiring an attorney.  The staff at Heart of Asia and Fianceevisaservices.com  is not an Attorney,  Immigration Law Firm, or employees of Home Land Security (I.N.S.) or (USCIS)  and can not offer legal advice.

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Doing it Yourself ? Try this expert tip. 

    Expert Tip # 6

    Request the consulate to open a “Provisional File”. Once USCIS completes its review of your I-129F, it will send you a notice, I-797C advising the application is approved, then hand off the file to the U.S. State Department to be sent to the overseas consulate that handles the region where your Fiancee is. Typically about a month will go by before the consulate receives the file, and can take action to contact your Fiancee and send her Packet 3. The I-797C that you receive will confirm which consulate the file is being sent to. Contact the consulate immediately via phone or fax and ask if they can open a “Provisional File”. If that consulate allows them to open such a file, then send them a fax requesting this, along with a copy of the I-797C that you received. The consulate will not schedule an interview with your Fiancee until the actual file has arrived, but can send the Packet 3 to your Fiancee for her to respond to.

     

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