Legal Question in Immigration Law in Ohio

Immagration

My fiance is Kenyan. The US immigration web site explains the process for appling for a fiance visa. But how long does this take? A few months or a year? I need to decide if we should get a student visa or fiance visa.


Asked on 1/25/08, 1:19 pm

6 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Immagration

A fiance visa is more straigtforward meaning that the reason for your fiance to be here to to marry you. As a student, the reason for being here is to attend school. The change from one status to another would require more justification.

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Answered on 1/25/08, 6:30 pm
Janet Greathouse Greathouse Law Firm

Re: Immagration

Although it generally takes about 6 months for the USCIS to adjudicate a K1 petition, it may take longer or shorter based on the workload of the particular Service Center. You can check the processing times on the USCIS's web site. Since you would theoretically submit yours at the California Service Center (CSC), you will want to check the CSC's processing times. According to the latest report issued by the CSC, as of December 14, it was processing K1 petitions submitted on or before June 18, 2007. This means that it would likely take at least 6 months (perhaps even 7 to 8) unless their workload changes.

You also need to consider the wait time for interviews at the consular post once the K1 petition is approved. These times can vary as well. The State Department does provide wait times for its consular posts.

If you do decided to petition for a K1 visa, you need to marry within 90 days of his entering the United States. Although his having a student visa would provide you more time, which may be important to both of you, he will likely have difficulties obtaining the visa.

You should probably consult an immigration attorney as you weigh the pros and cons of these options.

I hope this was helpful.

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Answered on 1/25/08, 7:59 pm
Michael Cho Law Offices of Michael Cho

Re: Immagration

It takes about 6 months to get approved in the US, followed by additional time abroad at the US embassy.

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Answered on 1/25/08, 1:24 pm
Harold Hom Harold L. Hom Co., LPA

Re: Immagration

Getting a student visa for your fiance is much tougher than she or you can imagine. She needs to prove that she satisfies all college entrance requirements and she needs to prove that she has sufficient funds to pay for at least the first year of college. A fiance visa is the better route if you have visited her in Kenya. A fiance visa would take about 6 to 10 months.

Harold L. Hom

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Answered on 1/25/08, 4:08 pm
Harold Hom Harold L. Hom Co., LPA

Re: Immagration

Getting a student visa for your fiance is much tougher than she or you can imagine. She needs to prove that she satisfies all college entrance requirements and she needs to prove that she has sufficient funds to pay for at least the first year of college. A fiance visa is the better route if you have visited her in Kenya. A fiance visa would take about 6 to 10 months.

Harold L. Hom

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Answered on 1/25/08, 4:08 pm
Harold Hom Harold L. Hom Co., LPA

Re: Immagration

Getting a student visa for your fiance is much tougher than she or you can imagine. She needs to prove that she satisfies all college entrance requirements and she needs to prove that she has sufficient funds to pay for at least the first year of college. A fiance visa is the better route if you have visited her in Kenya. A fiance visa would take about 6 to 10 months.

Harold L. Hom

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Answered on 1/25/08, 4:08 pm


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