Getting Married In Ukraine!!

[Ravens9273]

I wanted to see if anyone could advise to the difference in bringing a lady to the USA as Fiance on K-1 visa or bringing her to the USA as my wife.

What I wanted to know is it easier to bring her to USA when already married. Is there possibilities in turn downs like K-1 visa or time period to bring her over as wife as suppose to a K-1 visa?

I am getting married in February in Odessa. Mainly so her family can be there and I hope this would make it easier to bring her to USA since she is already my wife.

[2tallbill]

I think William the third is the resident expert on this. Here is a fairly recent thread.

http://www.russianwomendiscussion.com/index.php?topic=5213.0

Good luck!!

Bill

[Turboguy]

The main advantage to the K-1 fiancee visa is it gives you a chance to live together for a while and gives her a chance to see what her life here will be like before you get married. 

The time frames are similar but a K-3 may be just a little slower however she will be further along in the immigration process and will have her green card much faster with a K-3.

The chances of approval are similar for both.   There is a high ratio of success with at both K-1 and K-3 interviews and this is not a valid reason to pick a K-3 over a K-1.  Generally if you have a real relationship and use some common sense in proving it you will get the visa.

The advantage of the K-3 is that her family can attend her wedding and sometimes the wedding is more important to the bride than the groom. 

[bgreed]

Hey Raven Congrats on the marriage to be.  I think I can lay it a little better since I got married in Ukraine in September.

If I remeber right from your TR you've already gone through all the fun in Kiev and just have to do the final stuff in Odessa.

As far as K-1, K-3 or the one nobody seems to talk about but is truly the best way to go if you feel you are truly commited is the CR-1.  Now as far as time frames go K-1 is the fastest (go figure) K-3 and CR-1 are running about the same which was 8-10 months.  Now supposedly there is a new administrative dictum in USCIS that these are supposed to be processed now in 6 months (we'll see).  In my opinion a CR-1 is the way to go for a number of reasons first of all is the fact that when your wife gets here she will have her green card and SS# no waiting for years to recieve it ( I know of a number of women who have been here nearly four years with no green card) Also there is no Adjustment of status when she gets here.  Not to be a penny picher but that's another $1k fee.  You only will have to apply for removal of conditions after she has been here two years.  Finally she can apply for US citizenship three years after recieving her green card.

Now you and I are in a bit different situation since we both had long term contact with our ladies before we even met.  Lena and I will have known eachother for two years in February.  Alot of guys that go for the K-1 are those that are pretty much marrying a person they have known only a short while and so for them it is probably more wise to use the K-1.

Despite what Turoboguy says I have it on pretty good authority that if all things line up application wise that there is some lieniency toward the K-3, CR-1 but like he said no guarantee.

All else I can say is I would not trade the experience of getting married in Ukraine. Lena and I have only done the RAGS wedding (RAGS in Ukraine ZAGS in Russia) We're planning on doing the church wedding my next trip which should be in February.

All the best.
Gregg

[William3rd]

As stated ad nauseum elsewhere, what is your plan?
 ???
Historically I have always recommended the fiancee visa because if things dont work out when you live together 24/7 in the states, you can send her home with regrets. No divorce filings or other severances. That is something I did back in 2001. However, the fiancee visa isnt just some kind of a test drive; you should have already developed the relationship far enough along to decide that you are marrying this woman.

Keep in mind that the fiancee visa was designed for GIs and others who had substantial relationships to be able to marry in the US in front of their families. It was never intended that the internet jockeys could fly over and get engaged in ten minutes over coffee.

WHICH IS WHY THE FAILURE RATES ARE SOOO DAMN HIGH!!!!!!!
 

K3 is just a method for an IR to stay in the US while waiting for an I130 approval. That provision was signed by President Clinton back in the days when the I130 ran over a year with no other recourse.

K3 is a wee bit higher than a K1 since the underlying case is still a marriage case and a denial just means that the alien is back a few weeks later on an IR interview.

I had ONE fiancee fail her K1 interview. Dumb as a rock and couldnt remember how they met. Lead a horse to water . . . .  

The later K3 interview was passed a few months later by the same interviewer- girl studied the questions this time, I guess.

Other than that, most reasons that a girl is turned down for a K1 would usually mean that there would be a turn down for a K3 application as well. The same waivers are available for each category just slightly more liberal on K3. You need to know your fiancee.

Since you are marrying overseas, I am assuming that this is a substantial relationship developed over time. Otherwise I would characterize your plan to marry overseas as ill-advised.

The CR designation is actually called IR-immediate relative. All CR-1 designates is conditional resident based on marriage to a USC. And that is only because of the two-year rule under the marriage fraud act. And that requires entry to the US. Otherwise, she is an IR and handled in the IV Unit at the consulate.

Bgreed, you brought up some good stuff in your post.

[alantodd]

If you do decide the K-1 route, the K-1 is currently longer than the K-3 time wise if you have to use the California processing center.  A little over a year right now on K-1 process.  The other processing center is much faster on K-1.

[Jumper]

william -
is the one to look to for legal advice in immigration concerns.


I can tell you on timelines and advantages a klittle-

My wife and I  were married in Ukraine, and I filed a I130   
(what some here are refering to as IR or CR1 )
It is a petition for immedeate relative (alien)


There are advantages to this..type of filing-
as my wife hit the ground running, Green card and SS number in less than two weeks.

(yes you will stil need to file an AOS after two years,
to get here *conditional*temporary permanent resident card status , changed to permanent resident)


Obviuosly, this filing is for already married couples, so the commitment level is already beyond the turning back stage..
and

its advantages should not be a factor in how you file,,

but rather IF you are already married to a Uktranian citizen,
then  it is the way to file,.,and just happens to  carry some advantages



As far as processing timeline,

my I130 petition for my wife ,
was processed as fast or actually faster than the K1's  at that time.

Our wait was roughly 3 months after filing,
and simply by the method of how the filed petition was sent, i could have speeded that up by one month , simply by filing protocol,
but  we were NOT in a hurry ,and i chose not to.


The K1's thru my service center(neb) where taking 8 to 11 months during that time.
(which was fine with us, and a reasonable timeline,as we had relocatiion plans that were 8 to 10 months anyway- we choose to marry in Ukraine for other reasons than the process times of either )

The K1 process time seem HIGHLY dependent on the service center your AREA most go thru.
(for example at that time frame- someone in vermonts service area would have had similar process times with a K1)


It should be noted, Immigartiion procedures change quickly and my information is
approximately  5 years old.

 I filed the I 130 consulate direct..
So it was not thru the service centers in the USA.

At that time I-130s for Ukraine were handled at the US consulate in Warsaw Poland.
same with the interviews.
You could send the I 130 to EWarsaw, along with supporting documents ,
thru the US emabassy in Kiev.


It is my *understanding* you can still file I130s for Ukraine Consulate direct,
and file them thru the US embassy in Kiev,,
and i believe the interviews for those  petitions are now handled at the US emabassy in Kiev as well.

 

there are a few hoops to jump thru.. but nothing major..
my info is dated ,but i believe the procedure in ukraine, and in filing ,
to still remain very similar, at leastr as to what you need as far as paperwork.

I posted a topic on it long ago ,step by step ,
what docs were needed ,where to get them etc..

and   a search might bring it up?
so did a man with screenname *Gon* so search that as well perhaps?


Youll need some documents  for  Zags..
"non impediment to marry" letter
(obtained Ministry of foriegn affairs in kiev)
as well as some other things, but it sounds like youve jumped thru most of those hoops.?
 You'll need your documents from zags
(marrage certificate) apostilled/officially translated
to file an I130..


It is not difficult.

again i want to stress- filing a I130 direct -
 has advantages,
 but those should not be considered in choosing wether to marry there of doing a fiancee visa.


Marrying *there* should be based on far far more important things in a couples life
than filing variuos positives and negatives of a particular filing procedure..


Congrats and Good luck !!!!