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I129 or K1?


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I think I have the right names down. What's the best/easiest way to bring a spouse over, the fiance or marriage petition? I'm considering going back to China next month and possibly looking for a wife. If I find one that is. Oh, here's a monkey wrench, I'm getting deployed in Jan 31st. Joined the military, although I'm still a little puzzled why.

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I'm playing the what if game. I don't plan on meeting someone, but by chance if I do, I would like to know what would be the easiest way to bring a gal over. From my prior research, there seems to be only two ways. Fiance (k1?) or Marriage (i129?). Either way will work, I would just like to know which path is the least difficult.

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K1 is fiance visa and K3 is spousal visa (or at least it used to be). I think i129 is part of the paperwork you send it, but it has been so long ago that I did that, things may have changed. Either way, if you are deploying on Jan. 31 you might want to give all this some serious thought. It is also wise to consider what would be best for any lady that you might be involved with at the time. Just my two cents......

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If you want to get technical. I-129 is a petition for a non immigrant worker visa.

 

You may be thinking about the I-129F which is used for a K-1 fiancee visa or is filed after you file an I-130 for a CR-1 spouse visa to get an optional K-3 visa.

 

Note in K-3 cases USCIS has been tieing the two petitions together and approving them together and sending together to NVC where the I-129F gets closed in favor of the I-130 And the proceed with the processing for a CR-1 spouse visa.

Edited by dnoblett (see edit history)
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From your original post my thoughts are you need to get your priorities straight.

 

:banned: The consulate is known to DENY visas for non-bonifide relationship and a very short relationship BEFORE filing a petition is a BIG RED-FLAG. You indicated that you do not have a possible fiancee now and plan on going over there and looking for a fiancee, and what s fastest way, no way is faster when the consulate denies a visa.

 

Best thing to do is develop a solid relationship BEFORE filing the petition and include SOLID evidence of this relationship in the petition filing.

 

A few more thoughts you say enlisted in military and will be deployed next January, which implies a young age, I come from a family of 4, my 2 youngest siblings rushed in and married shortly after graduating high school when they were around age 20, both marriages resulted in a divorce very shortly after marriage, one within months, the other marriage survived about 4 years and resulted in 2 children, then a divorce. In my case and my next younger sibling, we waited until we were past 30 years of age and then married, in my younger sibling's case the marriage is solid, and in my case it has been stable too even with the culture differences. My younger 2 siblings who had divorces ended up re-marring at age 30 and have been happily married. What I am saying is in many cases a couple marrying at a very young age still have some growing to do and 5 years after marriage, the person that they married can be a much different person, and may be incompatible.

 

So here is a nugget to consider, how about serving your time in the military, perhaps you may meet someone while serving, or perhaps meet someone after, then take your time to develop the relationship before rushing head-long into a marriage.

 

As for processing time, I-129F (K-1) and I-130 (CR-1) tend to process in about same time, CR-1 may take a month or so longer.

 

As for costs involved, the K-1 fiancee will cost nearly $1000 more than CR-1.

 

K-1:

I-129F: $455

Consulate: $350

AOS: $1010

($1815)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

Edited by dnoblett (see edit history)
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