Asked in Immigration Law and International Law for Pennsylvania

Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.

I am a US citizen who is married but wife is in another country.

4 Lawyer Answers

A: You can either file a K-3 marriage visa which does use the form I 129 (and also the form I 130) or you can file a stand alone I 130. The first would take minimally 6 months to a year, and once approved would give your wife a marriage visa to come to the US. Once she is here, then you would file for her to adjust her status to that of a lawful permanent resident.(Possibly less time, but more money) The second option can take more time - as much as 18 months, but once approved would have your wife enter with her lawful permanent resident status and no further action would need to be taken to adjust her status once inside the US. (This option takes more time, but costs less). (With both options, there is consular processing)

Ms Grace I Gardiner agrees with this answer

A: The usual route is to apply for permanent residence for her. That can take about a year to complete. If she is in the US at any time, you can file for residence in the country and she can remain. An I-129 for a work visa may also be possible if she has an offer of employment from a US employer.

A: The fastest way to bring her here is on a K Fiance visa, and then after you get married, she can file for adjustment to get her green card. But if she is already here in the US, then she could adjust status to obtain her green card, as long as she entered the country legally. Some of us charge very affordable flat rate fees to process the case from start to finish. . The case usually takes at least 9 months to a year. You can search lawyers by using the justia directory. Good luck!

Deron Edward Smallcomb
PREMIUM
Answered

A: An I-130 marriage based petition would be your only true option. While the K3 visa exists still on paper, it is now administratively cancelled once the i-130 is approved, virtually guaranteeing that it will never be processed. Essentially, the K-3 process isn't even worth considering and is a waste of time. However, the CR1/I-130 process takes only about 10-12 months and results in a Green Card, no adjustment of status necessary. If you'd like more information, please go here: https://www.lawofficeimmigration.com/marriage-visas.html

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