K-1 and K-3 Visa Process Times

[scafidi454]

Ok - I want to know how many people here used the K-1 or K-3 (or both) processes after their engagement to their Russian wife.


We are working on the K-1 right now, and we will most likely also be applying for a K-3 (after our return from Russia).


My main question is: HOW LONG DID THE ENTIRE PROCESS TAKE FROM APPLICATION SUBMISSION DATE TO VISA APPROVAL DATE?

[Gator]

Start here:
 
http://www.visajourney.com/content/guides
 
Processing times are about 8 months if everything proceeds smoothly for fiancee or spousal visa.
 
If you are getting married in Russia, you will do a I-130 and not a K3.  Also, you will have to withdraw a K-1 that was submitted earlier and the US Govt will keep your application fee.
 
I suggest that you submit the K-1 petition, get married in Russia, and not file a I-130.  That will save you money and time.  But you will need to marry here within 90 days of her arrival.   The only reason  for not doing a K-1 is an IMBRA issue.

[wicheese]

Gator mentions at great resource, I used it a lot, as just about everything you need to know about the visa process can be found at: www.visjourney.com


Now to time lines, it was almost exactly nine month between the day I applied for the K-1 and Natasha was interviewed in Moscow.  But, I know of one person who had a much shorter time in the queue (5.5 months) as he had applied in Feb. 2010 vs. my Nov. 2010.


Good Luck!

[Turboguy]

I will second Gator's recommendation about VisaJourney.  It is a big help when doing a K1 or I-130.  The processing times change.  When we did our K-1 it was taking about 5 months.  It did take us 9 months because of spending quite some time in administrative review which was happening a lot at that time.  It is slower right now and probably about 8 months would be typical. 
 
I would strongly suggest you do it yourself and don't use a lawyer unless you have an unusual situation.  Using a lawyer just slows things down, increases the chances of complications and adds to the expense.  All the help you need to do it yourself is on VisaJourney.
 
I would not suggest doing both types of visas.  Pick one and do it.  You would just complicate things and probably slow them down doing both.

[GQBlues]

...I would not suggest doing both types of visas.  Pick one and do it.  You would just complicate things and probably slow them down doing both.

I agree with this.
 
We filed a K-1. We filed about late November, got approval the following May. By late June, she was here...Normally 8-9 months. Sometimes shorter, sometimes longer. I don't believe I've heard anyone's petition taking much longer than over a year.
 
If everything is in place and there's no problems causing delays...almost bet on an 8-month process (K1) on average.

[Wayne]

If you marry in Russia, the K-1 fiancee visa is not possible. You both must be unmarried and be able to prove it.
 
Someone here said that the K-3 visa is being eliminated. Actually, you MUST file the I 130 form for a CR-1 visa before you can file a K-3. The CR-1's are coming in faster than the K-3. We had about 3 months from NOA1 to NOA2. NVC takes longer for an immigrant visa of any kind than a non-immigrant visa. For a immigrant visa, NVC collects all the payments and documents and schedules the interview. The NVC process could last a long time depending upon your submission of documents. Depending upon the country, you may have to send in by express mail or whatever you chose your documents to NVC. They will request orginal documents in some cases.
 
There is no general rule as to how long the process takes. Administrative process can add a long time either by USCIS, NVC or the embassy.

[scafidi454]

Well, I think that for a couple reasons the process will be on the shorter end. 1st - Anastasia is VERY LUCKY 2nd - She already had a J-1 visa (or whatever they call a student/work visa), and she has a social security card.


I have all required documentation that is required, and almost everyday I am calling USCIS or the Travel.Gov agents to make sure I'm doing everything "perfectly"


I know that in some cases there will be originals requests, and additional "administrative processing" <---What a load


Anyway, someone said to get the K-1 here and then get married in visa in the 1st or 2nd response. I think that they ment to have a ceremony in Russia. Furthermore, I think it's going to work out to our advantage if we get married here, and then decide to move there.


In any case, I just wanted to know the absolute shortest time anyone has waited under similar circumstances.


Thanks!

[Faux Pas]

Nobody can really give you a definition of "how long" as much of that is dependent on how long it takes you and her to acquire all the proper documentation. Visajourney is your best friend. With her prior history, her approval is almost guaranteed with all the proper documents. Miss one detail and they will hold it up for "more documentation". VJ has a checklist for K-1s, K-3s and all sorts of others. Use it, follow it and you shouldn't have much problem.


With that said, sometimes even if you have things in order you can still experience delays, I did. It took over 11 months and it was all the USCIS. I "think" it would have taken longer if I hadn't badgered them as much as I could. Maybe thats why it took longer, I dunno.


Check the USCIS website. It will tell you what date of applications they are currently processing and you can get an idea. I believe it is about 4 months now but, that is 4 months from the first NOA. Also, just because they accept it, doesn't mean it's ready for review.


From your description, go with the K-1 and stay with it. Don't muddy the water with other applications. You'll have more documents, notices and numbers than you want to deal with from just a single K-1filing.


Good Luck

[Jack]

The k-1 is running 5.5 months today and has been for some time.  Yes, some will get in 5 months, some will get in 6 months, if their are no issues with the K-1's.  Only with exceptions one will see 7-8 months K-1 visa.  Today, 6 month ago, 1 year ago, unless their is an issue with the K-1 or someone screwed up, it's running 5.5 months.

What's the absolute shortest time anyone has seen under similar circumstances?  Their have been 2.5 and 3 months K-1 visas with absolutely no outside help or explanation.  Not many, have only heard of two, all parties were surprised.   

In 2002-2003 we were seeing times up to 9-10 months for not quite a year.  Various times over the last dozen years we have seen 4-5 months for short periods of time but over the past 18 months one could count on it taking 5.5 months, on average, on visas filed with no issues.

[Turboguy]

Anyway, someone said to get the K-1 here and then get married in visa in the 1st or 2nd response. I think that they ment to have a ceremony in Russia. Furthermore, I think it's going to work out to our advantage if we get married here, and then decide to move there.

Having a non official cerimony there is actually a little risky when doing a K-1.    When you are showing things like photos to prove your relationship if one happened to slip in it might cause a denial.  It can be done but you need to be very careful with it.  It is actually better to get married here and after she gets her AP go back for a cerimony if you wish.
 
Gator is an amazing source of knowledge and one of the wisest people you will ever find but I think something he said in his post was not what he meant to say.   
 
The record I have heard of was about 3 1/2 months.
 
The advantage of doing a K-1 is that it gives her a chance to see your life here and to give you extra time to know each other.
 
The advantage of a K-3, I-130 is that when she arrives she will already have her 10 year green card and it cuts out the AP/EAD and ROC steps.

[scafidi454]

I am not saying to get k-1 here, but to get married in Russia first. What I meant is that we can be legally wed in the U.S., and she's been here already living with me before (last summer). But we want to live in Russia together for a little while, if I can find a job, while I study in my Master's degree (if I get accepted after my Bachelor's in May)... There are a lot of unknown dependent circumstances ahead, and I'm just trying to do all of the research I can to be best prepared.

[Gator]

This story is getting longer and more complicated.  I defer to Turbo's wisdom.
 
If she is already here living with you, you can marry here and then file an I-130 and adjust  her status while she stays here.  IMO such can be tricky so you need to talk to an immigration attorney.
 
If she returns to Russia and meanwhile you have filed for a K-1 fiancee visa or a I-130 (forget K-3), the officer at the POE may not allow her to enter under a J-1.  J-1 is not for immigration, yet the computer will show she is named in  a spousal visa petition which is for immigration.   
 
I am still not clear about your plans. 
 
The Visa Journey link shas a section which shows processing times for various visas.  Start there.
 

[scafidi454]

Sorry. She was here last year on a student/work visa. I met her through a friend, and shortly after we wrre living togethe. Herr. She went back after her visa expired. I just came back from mosciw on a tourist visa, because we were not engaged. Now we are engaged, and we are doing the k-1. Thanks for the resources; I had already looked st that site though. I have everything that I need.

[Jumper]

Scafidi-
I am unsure, but If she was here on a student visa and it expired, and she returned to Russia, I do believe there is a time limit before she could be elgible  for a K1 or I-130/K3.
 
 
If she had remained in country , and her visa valid, I think a AOS can be done quite simply.
 
 
With a prior and quite recent student visa , you may want to research if there are any restrictions on her being issued a K1.
 
not trying to alarm you,and a K1 under what you said in your last post seems correct..
 i just think you should check into her elgibilty based on what exactly her prior visa was.
 
 

The advantage of a K-3, I-130 is that when she arrives she will already have her 10 year green card and it cuts out the AP/EAD and ROC steps.

 
Close but not exactly?
The advantages of an I130 type scenario, would be the family/spouse immigrant would typically receive  a 2 year conditional green card, SSN,ease of travel etc, almost immediately on entry.(about 2 weeks)
With a AOS for the 10 year green card being applied for  2 years later.

[scafidi454]

I'll call them again about the waiting period for eligibility. However, she did not stay past her visa date, and I think that she is eligible. Is there a way to find out specifically if she is eligible or not before spending all of the money to go to the interview?

[Jooky]

She won't have a problem with eligibility. I know a girl that was in the same situation, returned to Russia as her student visa expired and applied immediately for a K-1. Also, I asked a friend who worked at the US Embassy in Moscow and there shouldn't be any issues with this.
 
If you want to make sure just contact the US Embassy:
http://moscow.usembassy.gov/contact-us.html