Where and when do i need to start to file for my fiance to come to US? I am US citizen and she is not. She is Ukrainian citizen. We are planning are wedding in Ukraine, this summer 2012. I searched on-line and did find a few answers but do need an attorneys advice. Should we apply for I-130, K1 or K3? When should we apply for visa? Where should we apply? And please tell me what is the difference between those visas. Thanx in advance.
If you want marry her then you have to file I 130 petition. For fiance visa you have to file form I 129F . Fiance visa basically means that she will come to US as your fiance and within 90 days you have to married her ( k 1). Better get a help of immigration attorney who will advised you and help you with the case, its seems easy when you read the instructions but its a lot of details which requires a knowledge of experienced immigration lawyer.
Attorney Dzhamgarova is correct in her comment. If you marry overseas you will have to file the I-130 and then file the K3 visa. It may be better to get a K1 have her come to US and get married through a civil ceremony. Then she can file all her documents including the advanced parole so both of you can go back to the Ukraine next summer for the family "wedding" ceremony.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
I agree with my colleagues.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
For a fiance visa, you and your fiance have to have met face-to-face at least once in the last two years. If you have met her in the last two years, I would file a fiance visa from the US. It is a complicated and multistage process and get complicated very quickly. There are other issues/land-mines that can derail the process such as mail order brides or marriage brokers that the USCIS will look for when marrying in Eastern Europe that you need to be aware of. Seek out an immigration attorney before you move forward.
Khaja M. Din, Esq.
Din Memmen Law Firm
4518 N. Kedzie Ave
Chicago, IL 60625
Free Consultation For Your Immigration Law Questions