Immigration Issues/K3 / K4 Visa Options


Dear Mr. Ajay,

My fiance and I have been dating for 3 years and plan to get married in 2014. I am from Malaysia and we have decided for me to fly to the U.S. to legalize our marriage. We have been informed that I am able to remain in the US after marrying and apply for a K3 visa which will take about 3 months.

I also have a 9 year old son whom I wish to bring over. In his case, we were told that we could petition him at the same time but a K4 visa would take about a year to process. Is it possible for me to get married using my tourist visa, fly home within the I-94 time-frame and then travel back with my son to begin the  necessary paperwork together?

I would like some clarification on this. What are my options and What is the easiest / fastest way to go about it as I would prefer if my son be able join me as soon as possible.

Dear Marina:
If you are in the US on visitor's visa you may get married with your fiancee who may apply for immigrant visa for you and your son; you may then leave and come back on Green Card with your son.  This process usually takes about 8 months to a year if all goes well.  

Also, please be informed that K3/K4 is for family unity after marriage with the US citizen; however, unfortunately the processing time for immigrant visa (green card) and K3/K4 seem to be almost the same.  It is, therefore, advisable to go for the immigrant visa instead - decision is yours.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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