K-1 Visa or I-130? Anybody know?

[Griffin]

I've heard that it's now actually quicker to go the I-130 route.  Does anyone out there know for sure?  Does the country she's from make any difference?

[johnE]

... in response to K-1 Visa or I-130?  Anybody know?, posted by Griffin on Jan 18, 2002

Dan is absolutely correct. There is in fact a 30 day waiting period as far as ZAGS is concerned. But, you can get around this one of two ways. 1., have her mail or fax your ZAGS marriage application. Fill out your side and send it back to her (She can have it translated there). Once she recieves it she can then complete the paperwork and submit it to ZAGS. From that point the clock starts clicking and you haven't even arrived yet. Option 2, she will need a signature from "three" doctors, one of which must be in a management position, stating that she is pregnant. This, along with permission from the regional director of Zags, will allow a waiver of the 30 day wait period. Oh, and a $100.00 bribe will GREATLY help too!! Anyway, my wife and I were married in Russia and we did the I-130 thing. From the time you submit the forms at either the American Consulate or Embassy in Moscow and your actual interview date can vary depedning upon how busy they are in Moscow. But, based upon my experience (and others), the average wait can be anywhere from 4 to 12 weeks.

John

[SteveM]

... in response to Re: K-1 Visa or I-130?  Anybody know?, posted by johnE on Jan 18, 2002

My understanding is that they have changed the policy at Moscow for DCF (direct consular filing) of I-130's.  You now have to actually be a U.S. citizen living in Russia to do it that way.

[Dan]

... in response to K-1 Visa or I-130?  Anybody know?, posted by Griffin on Jan 18, 2002

Yes, the country - more specifically, the Embassy - can make a large difference in processing time.

The other variable is - if you take the K-1 route - which INS Service Center will process your application. If it is Vermont - then it should speed through pretty quickly. In the case of Texas and Nebraska, it can move at a snail's pace. Not sure about California's processing times at present.

In Ukraine, the US Embassy (Consular Section) in Kyiv will tell you that it will require approximately 30 to 60 days to process a DCF (Direct Consular Filing) petition after marriage. That is probably quicker than the processing time for K-1, unless your INS Service Center is Vermont - in which case the two options are about equal.

Two other things to consider:

1) In Ukraine (and Russia too, I believe), you are *supposed* to be in residence for 30 days before you will be given the appropriate paperwork from ZAGS allowing you to marry. This, of course, would potentially add another month to the overall process if filing I-130. Fortunately, it is easy enough to find a malleable ZAGS office that will provide the papers without the long wait - but there is a small (and variable) fee associated with this option.

2) The Life Act provision passed last year added another type of visa for you to consider - the K-3. There is not much actual experience yet, but the intent of the new visa type is to allow families (that is, married couples/families) to be together while the INS bureaucracy processes all the paperwork. One big difference in Ukraine is that while K-1 and I-130 applications are all processed at the US Embassy in  Warsaw, the K-3 visa *must* by law be processed in the Kyiv Embassy. Whether this will add to, or reduce, the processing time is anyone's guess - but as I say - the design of the law is to expedite the process.

I hope this helps.

- Dan

[thesearch]

... in response to A Few Variables . . ., posted by Dan on Jan 18, 2002

However, I do not even know what the I-130 is )

I do not guess that I will get into this much until I get to that point. Perhaps I had better start reading the posts that will apply to the future as well as the present.

Dan, I hope you are still around then (when I really need to understand this stuff. ))

[Griffin]

... in response to I know what Route 67 is, posted by thesearch on Jan 18, 2002

n/t

[davet]

... in response to A Few Variables . . ., posted by Dan on Jan 18, 2002

I would input that the K-1 processing time at the INS centers is about the same these days.  A very few of the VSC and CSC approvals have been extremely fast.  The rest fall into the same average as TSC and NSC.

Two bigger factors dictate the timeline for the visa process.

1. Whether a service center cables the approval to the Moscow embassy.  If they do, then this cuts the processing time.  If you have to wait for the pouch delivery, then you add another 4-6 weeks onto the time as Moscow will not schedule an interview until the approval is in their hands directly from the INS.  If you are going thru Warsaw, the situation may be different.

2. After Moscow receives the INS approval, they say it takes about 1 month before the interview date.  In reality, it's about 3 months.  Again Warsaw may be different.

My point is that the INS approval of the I-129/K-1 is going down in about 2 months maximum between submission and approval.  The process through Moscow embassy is 3-4 months.

Now to the original question.  If the I-130 is being processed by Moscow you may have considerable delays.

[Griffin]

... in response to A Few Variables . . ., posted by Dan on Jan 18, 2002

Thanks.