Very confused, getting married, b1/b2

[Flyinghigh72]

Hi there, have tried doing a search and did a bit of reading, however, I was unable to find any conclusive info as such. If it's been asked before, I apologize and hope you can help me out as well.

I'm a U.S. citizen by birth and have been in india for the past 8 years or so. I'm getting married to my girlfriend of 3 years in a church ceremony in India. She is an indian passport holder with a U.S. B1/B2 visa 10 year valid til 2020. I was content with flying with her to the US and then filing I-130 along with I-485 once we got there. After doing a bit of reading, i've read that its a bad idea since you're coming in on a non-immigrant visa with intent to immigrate. So I'm quite confused as to what to do now. Should I apply for a k3 visa for her, or some other type of visa? As such, I would be unemployed when I reach the US (have been out of the country for 8 years) but would be able to support myself (have own house, parents live in the US as well). Any input would be greatly appreciated. Thanks.

[ExperienceIA]

The B1/B2 intent misrepresentation does matter, but may be forgiven.
The K-3 alternative is indeed the preferred approach. But I am not sure what problem you are anticipating.
What do you mean by "As such, I would be unemployed when I reach the US (have been out of the country for 8 years) but would be able to support myself (have own house, parents live in the US as well)"? How is this relevant?

[Flyinghigh72]

I brought up the job aspect since I was under the impression that I would have to file a support applucation as well as basis for the 130 and 485.

I was a bit worried about filing a k3 as it would mean we would be apart for some time. Searches are coming up with nearly a year long wait before she can come over. Preferably, I'd like us to come back together.

Thanks for replying so quickly.

[ExperienceIA]

If you're worried it might take too long, you could consider having her travel to U.S. on B-2 for visit, THEN file for I-130 while she is here, and THEN have her return to India for rest of process.

But I'm not so sure the K-3 option would need to take that long. It's just a matter of your I-130 being filed and then using the receipt at the consulate in India.

[Flyinghigh72]

What I've been reading online has been saying that nowadays, it doesn't make sense to file for a k3 visa anymore as it takes nearly as long if not longer than the i130 application. And i130 takes about 6-12 months while k3 takes 9-10 months. Personally, I wouldn't want to have her come with me to visit on the b2 and then go back and wait so long for the paperwork to come through.

MI was also contemplating another method as it seems to be the fastest. I was thinking of filing for the i130 in the uscis office in new delhi. Embassies have the quickest processing time as it avoids the nvc completely and goes to the processing center. A quick cursory look says I would allowed to file at an embassy since I've been a resident of India for more than 6 months and have papers to prove it. As such, this seems to be tempting. Usually, it takes about 3 weeks or so from filing i130 to getting the visa interview call. I'll anyway be in India for roughly a month or two after the wedding to wind up things and put everything in order so it allows us to be together at the same time.

Any inputs?

[rayb]

Flyinghigh,

There is no K3 visa process anymore for which one can expect a K3 visa after submitting the paperwork. USCIS has simply stopped moving K3 petitions forward in favor of the I-130 CR-1 or IR-1 visa.

If your I-130 is accepted by the Delhi U.S. Embassy for DCF processing, it will probably be faster than being processed Stateside. Most U.S. consulates, however, are pretty stingy about accepting DCF filings. Also, 3-weeks processing time for a DCF is more of an "urban folk legend" than reality. It would probably be a couple or a few months faster than Stateside USCIS processing, but it won't happen in 3 weeks. Whoever told you that has been smoking too much Ganja.

--Ray B

What I've been reading online has been saying that nowadays, it doesn't make sense to file for a k3 visa anymore as it takes nearly as long if not longer than the i130 application. And i130 takes about 6-12 months while k3 takes 9-10 months. Personally, I wouldn't want to have her come with me to visit on the b2 and then go back and wait so long for the paperwork to come through.

MI was also contemplating another method as it seems to be the fastest. I was thinking of filing for the i130 in the uscis office in new delhi. Embassies have the quickest processing time as it avoids the nvc completely and goes to the processing center. A quick cursory look says I would allowed to file at an embassy since I've been a resident of India for more than 6 months and have papers to prove it. As such, this seems to be tempting. Usually, it takes about 3 weeks or so from filing i130 to getting the visa interview call. I'll anyway be in India for roughly a month or two after the wedding to wind up things and put everything in order so it allows us to be together at the same time.

Any inputs?

[Flyinghigh72]

So in your honest opinion, which method should I use. I value minimum risk along with quickest arrival as highest priority. Establishing residency in India is quite easy for me as I have a residency permit, I have 2 Indian bank accounts which shows activity for the past 3 years regularly as well as my rental agreements.

Thanks for all the valuable input so far.

[rayb]

Flyinghigh,

Start by asking the Delhi Consulate if they will accept your Direct Consular Filing. If they will accept it, then file with the Consulate. If not, then submit the petition to USCIS Stateside.

--Ray B

So in your honest opinion, which method should I use. I value minimum risk along with quickest arrival as highest priority. Establishing residency in India is quite easy for me as I have a residency permit, I have 2 Indian bank accounts which shows activity for the past 3 years regularly as well as my rental agreements.

Thanks for all the valuable input so far.

[Flyinghigh72]

thanks for all the responses. shall contact them on monday. thanks again!