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Immigration Issues/US citizen marrying Indian citizen

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Question
I am a US citizen. Which visa - Fiancee or wife visa (k3?) is better? Also, how long is the wait time ot get visa for each category?

Appreciate your help.  

Answer
Hi Karan,

If your fiancee is here in the U.S. currently (say on a visitor or student or worker visa) then it is best to be married in the U.S. and your spouse will then receive employment authorization, etc. and can continue to remain in the U.S.

If not in the U.S., my recommendation is to file a fiancee petition (K-1) with the USCIS, and then your spouse can enter the U.S. in K-1 visa issued by a U.S. Consulate in India and then you can get married in the U.S. and your spouse can continue to reside in the U.S. It will take about 3 months for the K-1 petition to be approved.

If you get married in India, K-3 petition has to be filed, and this process will take at least twice as long as the K-1 process and be twice as complicated.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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