Once you have the Visa

[shaun]

Maxx,

I remember reading about my next question somewhere but for the life of me I can't find the thread.   I mentioned in another thread that last Saturday Peggy's younger sister called me.  She suggested that it would be better to get Peggy over here on a K-1 fiance visa.  It seems to me that you said that we are wasting our time with this option.  I am being told that it takes less time and is not as difficult as a spouse visa.  Did I read somewhere that this was what you used?  Also, other than the obvious, what are the differences?

[Vince G]

The difference is with the K-1 fiance visa, she comes to the US and you both have 90 days to marry or she's back on the plane to China.

The Spousal visa (K3) is you marry there in China and then comes to the US..

[shaun]

Vince.

Thank you.  I still wonder which would be better and if there is a time difference.  Peggy has made it clear that she now wants to be with me in the US and not in China.  I think having a sister here already helps but I may have to move a little closer to the sister once Peggy arrives.

[metooap]

The difference is with the K-1 fiance visa, she comes to the US and you both have 90 days to marry or she's back on the plane to China.

The Spousal visa (K3) is you marry there in China and then comes to the US..

Vince

Do you know or have a feel for how long the K-1 VISA takes versus the K3?

Alton

[David5o]

Shaun,

Whoa Up there!!, this is not about all that Peggy wants,  your wants and needs come into this equation too!!! I thought because of the situation there in the US, you were going to look into the possibilities of maybe starting some sort of export business from China??  Now your talking about moving to another State back home, that you probably know nothing about, and don't know anybody!!!

I'd give this a little more thought before making such a move....

David......

[maxx]

Alton you are looking at about 11 months for the fiancee visa.And right around 13 months for the marriage visa or longer.Maybe up to 16 months.

[ttwjr32]

Maxx,

some people have been getting them in 6 or 7 months as i have met
people at a coffee shop by the consulate and their wives and fiances were
already having their interviews. for some reason the process must be getting
a little faster at this time of year  dont know but 1 day we were all talking and there
were 12 of us having coffee and trading stories

Ted

[Vince G]

Vince

Do you know or have a feel for how long the K-1 VISA takes versus the K3?

Alton

I believe they are only months apart (like 3)? It's always changing. They say "This visa takes BEST SPEED MINIMUM four to six months processing time" but it's more like 8 to 11? Depends on how they feel??

The main reason people who are K1 eligible consider the K3 process is that they believe the K3 visa will process more quickly. Even if USCIS happens to be processing K3 visas faster than your regional USCIS service center is processing K1 visa petitions at a given time, any apparent advantage in K3 visa processing times is usually deceptive. In theory, a U.S. fiancee can start a K1 visa petition immediately, provided they have all of the necessary documentation. To even start the K3 petition, they would have to get married outside the U.S. Unless the U.S. citizen is prepared to take that step and already has made travel plans, it could easily be several months before they will be able to start the K3 process, and the delay could more than wipe out any K3 visa processing time advantage.
In addition, before you can file a K3 visa application, you will need to be able to show that you filed an immigration petition with the USCIS service center that serves your region. This can easily add several weeks onto the process, while you wait for an official USCIS receipt or equivalent proof that you have filed the immigration petition to arrive.

Finally, the processing times at various service centers are not static: they can change greatly over time. It is entirely possible that, by the time you start your K3 visa application, either the service center that would have processed your K1 petition will have reduced its backlog, or USCIS will have fallen further behind in processing K3 applications (this seems especially likely if a lot of people decide to use the K3 process when they could have used the K1 process).

For all of these reasons, it is usually better for those who are K1 eligible to stick to the K1 process, and leave K3 visas to those who are already married. However, as noted above, every case is unique.

[shaun]

David,

Yes, I see that I have not explained much.  I have explored many options and am still open to a few.  One is staying here in Georgia.  I also considered at one point when the future of my store looked so grim of moving back to Oklahoma where my mother lives and going back into the oil business.

The moving a little closer was rather a tongue in cheek remark as I do not see myself moving, at this time, anywhere else in the US or to China over the next six years.  My comment was to suggest that the sisters might want to live a little closer to each other.

A lot has happened over the last 4 months to help focus me a little.  I am 5 years and 11 days away from a second retirement with medical benefits for the rest of my life.  The medical benefits make it worthwhile should I stay in the US. Another 2 1/2 years and social security kicks in.

Business has increased somewhat and I think the store will make it.  Couple with it that Peggy wants to live in the US a while and I think it is better to stay put for the mean time.  She will do what I want, she has told me that.

It is easier to keep the same course than it is to go back and re-establish it after leaving.

I still want to do the export business.  That interest has not changed.

Shaun

[maxx]

Shaun like I posted to Alton.,It takes around 11 months for the fiancee visa.And 13 months on up for the marriage visa.There isn't allot you can do to speed the process up.But there is a few things you can do.Hire a good attorney.Keep after the attorney to get your application in the system.

As soon as you receive the application from your attorney.Fed ex the application to Peggy.As soon as she receives it help her fill it out.Have it fedexed back to you.Then get it to the attorney.And make sure the attorney assistant gets it all typed up.Once the application enters the system.You are playing the waiting game there isn't much else you can do.

Another way to speed it up.Is just take the application with you for the fiancee visa when you go to China.You can help Peggy fill it out.And then if everything works out between you to.You can hire the lawyer.And just hand him the application and tell him to get on it.You can download and print the application.At the government immigration web site.

Shaun these suggestion I'm offering will probably only save you 10 to 15 days.Plus the fedex fees.Plus the hassle of worrying if the application on Peggy side is filled out right.

No Shaun The fiancee visa isn't a waste of time.That is the visa I brought my wife to the states with.It is ussually allot quicker then the marraige visa.

[metooap]

Alton you are looking at about 11 months for the fiancee visa.And right around 13 months for the marriage visa or longer.Maybe up to 16 months.

Maxx,

It looks like there is a 2 month difference. However, you are indicating up to 16 months for the married VISA.

When - how long ago - did you process your  fiancee visa?

Thanks

Alton

[maxx]

Ted I have heard other people say that it only took them 6 or 7 months to get a visa.I do not know any of these people personally.So i always put it down as Internet rumors.

It is highly likely with the slump in the American economy.That GZ isn't as busy as it used to be.The best way to tell is walk by the consulate in the mourning.Before they let everybody in.And look and see how big of a crowed it is.When me and my wife did this.There was five lines all the way to the street and people spread out between the lines.

We stayed at a hotel that was half a block from the consulate.So I seen the line everyday for five days.The line was the same everyday.Alton 11 months.And we had the interview on March 23 2007

[Vince G]

Alton, Now you see what I was griping about in another post. They let some just walk-on in and we (the China connection) have to wait and wait?

[shaun]

Maxx and Vince,

Thanks.  I already have the application in my file to take to China.  27 days.

[Willy The Londoner]

Maxx and Vince,

Thanks.  I already have the application in my file to take to China.  27 days.

Shaun,  is this a time when you wish that March was one of those months with just 30 days in it!!!!

Problem is,  as slow as it goes at home the faster it goes once here.

Willy