K-1 vs K-3 , which is better?

[Chamy and Gatita 3]

Saludos Amigos~

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. THanks everyone, have an awesome day!

Kathie

[sgr 0]

Saludos Amigos~

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. THanks everyone, have an awesome day!

Kathie

Hola ........Very simple ......K1 fiance before marriage ....so that with current trend at center ....Your spouse will be in your hands within months (2-4)....

With K3 after marriage ......after filing I-130 .....May take longer to see your spouse .. .....may take up to year ...with current trend at Service ....centers

Decide which one you want ....between spouse and time frame oook good luck........

[pushbrk 12,824]

Saludos Amigos~

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. THanks everyone, have an awesome day!

Kathie

In general, it takes a month or two longer from filing to visa issuance for a K3 visa than a K1 but that's really not the big issue. You can file for a fiance visa now, or as soon as you get the documents and file the papers. Theoretically, days from now.

For a spouse visa, you have to wait until you arrange to travel back to Ecuador, marry, obtain and translate a marriage certificate, return to the USA and file the papers. Only you know how long that could take.

If being together in the US ASAP is your goal, K1 is a no brainer decision.

If him working ASAP after arrival is a big issue then you don't want K1 or K3. You want an immigrant (CR1) visa, meaning you'll be marrying in Ecuador anyway and starting the process for CR1 when you return.

The practical matters often outweigh the emotion. Only you know where you fit in that consideration.

Any visa, spouse or fiance can be denied if the interviewing Consular officer isn't convinced the relationship is bona fide.

Edited March 17, 2008 by pushbrk

[R de la R 2]

Saludos Amigos~

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. THanks everyone, have an awesome day!

Kathie

You mentioned you both have prove that you have met, pics, air ticket and so on, this is all what really matter.

Yes fiance visa is taking a couple of months.

What lawyer say to you is the same that you can do by yourself, just sitting and reading here a couple of hours and printing the guides. Anyway the lawyer said the truth to you. Just document every thing that you do for your b/f so you can have written proves. (Black and white) (ink)

Go ahead and fill out your papers and everything is going to be ok. Trust me

We are all a big family here and we support each other.

[garya505 2]

1. Don't trust what the lawyers tell you. They want your money.

2. The K-1 will probably be faster, but you need proof that you met in person in the last two years:

Passport stamps

Airline ticket stubs and/or boarding passes

Other receipts (hotel, meals, etc.)

Photos of you together

Etc, etc, etc ...

[pushbrk 12,824]

Saludos Amigos~

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. THanks everyone, have an awesome day!

Kathie

You mentioned you both have prove that you have met, pics, air ticket and so on, this is all what really matter.

Yes fiance visa is taking a couple of months.

What lawyer say to you is the same that you can do by yourself, just sitting and reading here a couple of hours and printing the guides. Anyway the lawyer said the truth to you. Just document every thing that you do for your b/f so you can have written proves. (Black and white) (ink)

Go ahead and fill out your papers and everything is going to be ok. Trust me

We are all a big family here and we support each other.

A fast fiance visa would be six months. A far cry from "a couple months".

[R de la R 2]

A fast fiance visa would be six months. A far cry from "a couple months".

Well, if they file at vermont service center I have seen 28 days approval (NOA2)

[pushbrk 12,824]

Well, if they file at vermont service center I have seen 28 days approval (NOA2)

An approved petition is not a visa. That's just the first step. If seen 30 day petition approvals become 8 month visas. The first one that comes to mind was the second fastest in that country reported all year on another board.

Please don't give people the impression they can be reunited with their fiance in a couple months.

[visaveteran1 33]

The state of visas...whether K-1, K-3 or CR-1...has been in flux and is uncertain at this time. Events that unfolded last summer when all immigration related fees basically tripled, and there was a flood of filers trying to beat the fee increases, which sent the system into dysfunction, and a big slow down in processing times resulted. There are signs that crisis in processing times is getting better but not at both service centers concurrently.

Tracking things is difficult as news of what is happening is not forthcoming from official sources. Even what our senators and congressional reps say about visas is often inconsistent and contradictory.

There are many variables and factors that can affect your time frame to getting a visa. Some of these are independent variables...beyond your control like which USCIS service center handles your paperwork or which consulate you will ultimately have to deal with when it's time for the beneficiary interview.

What was true 6 months ago may not be accurate today. There is a certain amount of randomness to the process where, for instance, if you go with a K-3 petition, you might have your I-130 approved but have your I-129F administratively closed...while others get both approved. Trying to logically address the reasons why things happen or why decisions are made is difficult, if not impossible to determine.

You must "pay your dues" and start reading the different threads and online guides to get up to speed on what is going on and how you should proceed. You will get a lot of help here from people but at times you may not get the help you need...because you must help yourself by being fully informed. That means you have to use the guides and the search function...as well as ask precise and clearly stated questions and explaining your unique situation.

Good luck.

[Chamy and Gatita 3]

Thanks everybody, this is really helpful!!!!

I seem to be getting the same answer from everyone here- to go for the K-1.

thank you thank you thank you!

[july052007 0]

if you want to be together fast!!!!!!!! do KKKKKKKKK1!!!!