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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 6 to 9 months from the day you submit the petition.  (updated Dec 31, 2009)

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: $131

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: $131

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:  $131


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:  $131

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






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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 # 2

    Don’t try to get a waiver to avoid the requirement to meet your Fiancee in person. Unless it is incontrovertible that you are not physically able to meet her, attempting to avoid the meeting reflects poorly on whether the relationship is truly sincere. The Fiancee Visa eligibility rules require that you have met your Fiancee in person within the two years prior to your filing your application. The regulations provide a loophole allowing a waiver to the physical meeting. This waiver has been written to allow couples with special circumstances to skip the meeting, specifically if the meeting will cause “unusual hardship” or violates strict cultural or religious practices. If your religion arranges marriages and the bride and the groom are not allowed to see each other till the wedding day, or if you are in an iron lung, then by all means apply for the waiver. However, hating to fly or not wanting to pay for a plane ticket or having a busy work schedule will not result in the waiver being granted. Remember, USCIS needs to be convinced of the seriousness and sincerity of your relationship in order to approve the visa application. One expects a sincere suitor eagerly anticipating spending his future life together with his Fiancee to not miss any opportunity to meet and be with her as early and as often as possible.

     

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