To marry here or there?

wilmc

Guest

« on: February 21, 2004, 05:00:00 AM »

I am getting mixed signals as to which is the easiest and/or quickest process. The I 129F fiance visa where fiance comes to USA and marriage is here. Marry in Russia and use I 130 to bring her home. Finally, use I 129F, fiance comes to USA but returns to Russia for family wedding and then you use I 130 to get her visa.

Which process will allow her to obtain US citizen ship the quickest or does it not make any difference? Which will allow her to visit Russia again the soonest?

My sweetheart lives in Moscow and I will use the Vermont processing Center if that makes any difference.

Will appreciate any suggestions and guidance.

Apologize. I am sure this has been explained in the past but I wasn't clever enough to find it in the archives.


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Dan

Guest

Probably Not Much Choice . . .

« Reply #1 on: February 22, 2004, 05:00:00 AM »

... in response to To marry here or there?, posted by wilmc on Feb 21, 2004

[This message has been edited by Dan]

The American Embassy in Russia (unlike Ukraine) does NOT allow DCF (Direct Consular Filings with I-130), except for long-term residents of Russia (more than 6 months, I am told).

The K-3 has turned out to be a fiasco.

The ONLY reasonable option then (IMO), is the K-1. I-129 to have her come here on a 'Fiance visa' - marriage in the US within 90 days - acquire Advance Parole for travel - and then return to Russia for wedding with family there.

On the positive side, Vermont is, by far, the fastest service center - so at least the initial NOA's will come quickly.

Best of luck to you.

- Dan


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wilmc

Guest

Re: Probably Not Much Choice . . .

« Reply #2 on: February 22, 2004, 05:00:00 AM »

... in response to Probably Not Much Choice . . ., posted by Dan on Feb 22, 2004

Thank you very much for the informative reply.

Galina and I have been "engaged," for nearly 3 years now. We have met many times in Moscow and other European locations. I wonder, might that improve our chances of having an I 130 approved?

She has a friend who married in Moscow in 2001 and had a very quick and smooth process. I am trying to explain that circumstances may have changed dramatically since 9/11.

We are both much older, 50+ than most of this forum's participants. She has an unmarried daughter and elderly mother in Moscow and she is very concerned about them.

We were under the impression that it might be difficult to visit Russia without "green card" or US citizenship documentation without risk of being unable to return to USA.

Our concern is the ability to visit Russia and return in case of family emergency.


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Dan

Guest

Still . . .

« Reply #3 on: February 22, 2004, 05:00:00 AM »

... in response to Re: Probably Not Much Choice . . ., posted by wilmc on Feb 22, 2004

I don't think the fact that you have met numerous times and she has traveled to other countries will help at all insofar as the I-130 process. The American Embassy in Russia simply has a policy against processing DCF (I-130) applications unless the American citizen can demonstrate that he/she is a long-term resident of Russia. If you cannot (and I presume from what you've written that you cannot), then you are out of luck for a DCF in Russia.

Big advantage of the DCF is that it eliminates one brach of the US government from the bureaucracy. All processing with DCF is conducted by the Department of State. With K-3 and K-1 visas, it also involves the Department of State (Embassy and Consular Corps), but it *also* involves Department of Justice (BCIS). THAT is where the lengthy hold-up is right now.

K-3 was announced by Bush (the current one) as part of his 'Life Act' provision that was *supposed* to allow families to be together during the waiting process. That was PRE 9/11, and since then, all bets are off. The K-3 visa process has turned out to ba FAR longer than K-1 in most cases.

The K-1 used to take between 3 to 6 months start-to-finish (depending on Service Center). It now seems to take a minimum of 6 months and up to a year.

Processing with a K-1 'Fiance Visa' is almost certainly your fastest route to get her here. Once here, and AFTER you are married and file for AOS (Adjustment of Status), you can file additional papers for Advance Parole which will allow her to travel and re-enter the US while she is in 'Pending' status awaiting the Adjustment.

I hope this helps.

- Dan


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wilmc

Guest

Re: Still . . .

« Reply #4 on: February 22, 2004, 05:00:00 AM »

... in response to Still . . ., posted by Dan on Feb 22, 2004

It does help, very much. Thank you again.


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AJ277

Guest

I130

« Reply #5 on: February 22, 2004, 05:00:00 AM »

... in response to Re: Probably Not Much Choice . . ., posted by wilmc on Feb 22, 2004

Your I 130 would have a high chance of being aproved.
it is not like a K1.

if you marry there thru Zags-OIVR etc and do so with all the normal documentation -
you are legally married to her and the us consulate or BCIS have to have a pretty dang good reason to turn her down.

she would have to basically be a threat to national security or something in those lines.
_____________-

howevber- she will not likely be traveling to live with you on an approved I130, as this process thru the BCIS takews a long t8me to even get looked at.

she would come on a K3.
you file thios ;'because" they take too long in ebven getting to review a I130 case.

it is a family leave and seperation act policy-
that means they cant keep you apart from your family (0 your wife) simply because they are back logged and cant review the I 130 iun a timely fashion.

Your K3 is similar in its process times to the K1- in the recent past it was quite a big problem.
currently i know several men that went this route and the time frames for an approved K3 were essentially the sanme or not much longer than a K1.

you can look at the process times for the vermont service center and see at present it is not a notable difference between the two.

however i would say the K3 averages a bit longer.

(yes i nthe past it was)

****************************
doesnt apply in russia!!!
but ukraine allows DCF..direct consular filing in kiev or in Warsaw for the I 130.
it is much faster.

so you can get a I 130 approved more quickly than a even a K1,,
and never have need of applying for a K3 visa
( for the prolonged seperation aspect visa)
*****************************

*n my opinion you should make your decision on where to marry based on what you want as a couple, and try and leave the time franmes out of it.you ar emarrying for life,.,
a 3 month or whaterer wait differenc should not be extreemly relavent in the big picture.

and for Russia the odds are you will go K 1 or K3,

it is highlty unlikely tou would wait out the long I 130 process for that particular couhtry ,
without filing the K3.

so with those 2 options,,
and the fact that when she lands here with either a K1 or K3 the abitilty to travel , get certain status and rightrs are extreemly similar in time line.

you are really looking at
"where do you WANT to get marrioed"

and the fact if you marry over there it can take longer to get a K3, so be prepared, but at this time they are very similsar time frames to a K1.

the paperwork process is very similar as well.

There wa a time that the timeline ,was extree for a JK3, and this greatly affected the decisions made.

Do Check further into it!!!
but i dont think if you ask men who filed this past misd summer to fall of 2003 that the times where any different realistically than a K1.

yes one or two months average perhaps, but not much in the overall schene of things like it was *before*

(which was awful and a disgrace to the system and made a joke of the principle reason the K3 was developed)