Question: It looks like a K-1 takes the same time as a I-130. If a person wants to marry in Russia, why would they also do a K-3/4? It seems that is they have improved the processing of the I-130, there should be no point to do a K3, right??? (I’m assuming the processing dates on the CIS website are accurate.)
Answers:
1)
Unless the process has changed, you cannot file for a visa directly at
the consulate in Russia, as you can from Ukraine or various other
countries (unless that has changed, too, which it may have since I’ve
not been following it). Thus, either she stays in Russia while the
I-130 is processed, or you file a K3 application which *might* hurry
along her immigration somewhat. Then again, it might not.If it is still available, for those who marry Ukrainian ladies, a
Direct Consular Filing used to be the fastest method of all…and
she’d come in with the temporary green card already in hand, rather
than going through the whole change of status process here. That, too,
hurried along qualification for both the “permanent” (10 year) green
card and for citizenship, if she is interested in that. The time clock
doesn’t begin until the issuance of the temporary green card or her
physical entry into the U.S., whichever comes *last*.
2)
I am fairly sure that a DCF is not available in Ukraine any more unless you actually live there. But I wasn’t suggesting doing a DCF. If a guy marries in Russia/Ukraine he would return to the USA and submit his I130 here. I see no point in doing a I-129f for a K3 if the two take the same amount of time. The point of the K3 what to unite families that were separated because of the backlog of I130 petitions. I think at one time it was over a year.
Re DCF - generally a DCF was done in 2 months. I submitted mine in September and she was here on thanksgiving day. A buddy had a similar turnaround a few years ago in Kiev.
However the DCF is no longer available in Kiev or Moscow unless you actually live in Russia/Ukraine. The I130 filed here gives the same result, except that it takes a little longer now than a DCF used to. It looks like the I-129f and the I-130 have the same processing dates. If I was going to marry “over
there”, I’d file the I-130 when I returned and not bother with the K3. Why double your paperwork? And if she comes to the USA on a K3, then you’ll have to adjust status, so there’s another stack of paperwork and fees you save. (I am assuming if she comes on a K3 that you’ll have to do an AOS).The effective date on the conditional green card is the day she stepped foot in the USA in the case of a I130. We received the green card in the mail about 2 weeks later. We then took the green card down to the SS office and applied for her social security card.
***However, if they marry “Over there” and she comes here on a K3, I am not sure what the process is once they arrive in the USA.
