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QUESTION: I am trying to bring my girlfriend to USA and am not sure wich visa is better: fiance or marriage.
1. How long does it take to get a visa with fiance visa or marrige visa?
2. Can she come to USA with visitor visa and can we marry in US and then I file i-130 and i-485 in us at the same time and how long will it take?
3. Can she travel back to her contry while she is waiting in US ?
4. Can she travel to US while she is waiting for the visa in her country? Thank you.

ANSWER: Hi,

Your fiancee should not enter the U.S. on a visitor visa if her primary reason for entering is marriage to a U.S. citizen. Thus, it is best if a fiancee petition is filed for her: www.h1b1.com/K1visa.htm

The USCIS typically takes about 4 months for approval of the K1 petition. The consular processing can take an additional couple of months before your fiancee can enter the U.S. on K1 visa stamp. Once the fiancee petition is filed with the USCIS, your fiancee should not enter the U.S. unless her intention is simply to visit the U.S. If she does not already have a visitor visa stamp in her passport, the Consulate is highly unlikely to issue a new visitor visa stamp to your fiancee once a fiancee petition has been filed for her, as the Consulate will indicate that the correct visa stamp in a situation such as this is the K1 visa stamp.

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for your reply. I was wondering what k3 visa for and if she can come with that visa instead of k1 and then we could marry here?

Answer
K3 visa category is to allow a married immigrant spouse to enter the U.S. to wait until the immigrant petition is approved, but the process is longer than for K1 visa (unmarried) category. However, the K3 category is not really superior to simply filing an immigrant petition with the USCIS based on marriage, and to enable to immigrant spouse to obtain the immigrant visa (green card) at a U.S. Consulate: http://travel.state.gov/visa/immigrants/types/types_2993.html#21

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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