which is faster? K-1 or K-3

[We_are_in_Love 0]

Hi,

I'm from Montreal and have spent a lot of time in the US during the past 3 years. Because I have exhausted my 6 months/year tourist stay, I now need to get a proper visa to return.

My fiance (Todd) is from Florida and we are looking into both K-1 and K-3 visas.

1. Which one is fastest? Getting married in Canada seems to lead us to a 60 days delay because Todd has a divorce from Ohio and the provincial government here needs 8 weeks to process his divorce papers. Hence, adding 2 months to the process for a K-3.

2. We are also considering getting married outside of Canada, somewhere on a beach. Where they are fast and simple. Would a marriage certificate issued by a third country cause us any issues with immigration?

3. If we decide to go for the K-1, I won't be able to leave the US while waiting on my papers. How long would I be "held hostage" in the US?

4. Also, if I apply for either K-1 or K-3 and get a job offer in the US, can I apply for a TN visa? Or would that be shooting myself in the foot?

Thanks for your help and support. Having found this forum has helped me morally. Being Canadian and having done my studies in the US, I am still in shock they are refusing me entry. Knowing I'm not alone in this makes me feel less like this is unfair treatment. I still can't believe they are giving us Canadians such a hard time... I guess it takes a while for the reality to sink in.

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[Ju&Ja 1]

I don't have replies for everything you ask... But apparently the K1 visa is faster than the K3.

What do you mean by "I won't be able to leave the US while waiting on my papers" ? Cuz' during the K1 or K3 process you don't have to be in the US, it is even better to be in your own country. It is during the AOS that you can't leave, it is why you ask for an advance parole which takes around 3 months to get it.

[Bobby+Umit 161]

Hi,

I'm from Montreal and have spent a lot of time in the US during the past 3 years. Because I have exhausted my 6 months/year tourist stay, I now need to get a proper visa to return.

My fiance (Todd) is from Florida and we are looking into both K-1 and K-3 visas.

1. Which one is fastest? Getting married in Canada seems to lead us to a 60 days delay because Todd has a divorce from Ohio and the provincial government here needs 8 weeks to process his divorce papers. Hence, adding 2 months to the process for a K-3.

2. We are also considering getting married outside of Canada, somewhere on a beach. Where they are fast and simple. Would a marriage certificate issued by a third country cause us any issues with immigration?

3. If we decide to go for the K-1, I won't be able to leave the US while waiting on my papers. How long would I be "held hostage" in the US?

4. Also, if I apply for either K-1 or K-3 and get a job offer in the US, can I apply for a TN visa? Or would that be shooting myself in the foot?

Thanks for your help and support. Having found this forum has helped me morally. Being Canadian and having done my studies in the US, I am still in shock they are refusing me entry. Knowing I'm not alone in this makes me feel less like this is unfair treatment. I still can't believe they are giving us Canadians such a hard time... I guess it takes a while for the reality to sink in.

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1. K-1 would be the fastest, however, both of you must be free to marry (ie divorce finalized)

2. Depends on the law of the country you are getting married in, but it would be a valid marriage in either country. (government issued that is)

3. Not sure what papers you mean? AOS? if that is it, then you can expect to wait 3-6 months for your Advanced parole papers that will allow you to travel.

4. If you apply for the K-1/K-3, I would not recommend trying to get another visa. (they may construe that as an attempt to get around the law)

[Ban Hammer 13,113]

you might either ask in the canada forum which is faster http://www.visajourney.com/forums/index.php?showforum=93

or if you'd like, i can move this thread to that forum. just pm me and i'll get it moved if you want.

[Ban Hammer 13,113]

moved from K-1 Fiance(e) Visa Process & Procedures General Discussion to canada regional per request of op.

[SapphireDreams 71]

The K1 is probably just a wee bit faster than the K3/CR1 right now, but depending on if you want to work when you cross, the CR1 is a better visa, because it will give you a greencard right away, so you can work and its cheaper to file. If you're going for speed, then get the K1, but still be prepared to be patient, you're looking at about 8-10 months right now, but it could change by a couple of months either way at any time.

Once you file for AOS, you usually get papers to travel out of the country within 2-3 months, but it could take up to 6 months.

I don't think you can get a TN Visa while waiting for the K1, but I'm not all that familiar with how that would work but I'm sure others will know.

Good Luck

[trailmix 77]

Hi and welcome! We live in Florida now too!

1. Which one is fastest? Getting married in Canada seems to lead us to a 60 days delay because Todd has a divorce from Ohio and the provincial government here needs 8 weeks to process his divorce papers. Hence, adding 2 months to the process for a K-3.

I guess in this case the K1 might be faster as you won't have that additional 2 months tagged on the front of the process?

2. We are also considering getting married outside of Canada, somewhere on a beach. Where they are fast and simple. Would a marriage certificate issued by a third country cause us any issues with immigration?

No problem, you will want to double check how long it will take you to get a marriage certificate.

3. If we decide to go for the K-1, I won't be able to leave the US while waiting on my papers. How long would I be "held hostage" in the US?

Once you have received your K1 visa and enter the U.S. - it will be around 3-6 months before you can leave the country.

4. Also, if I apply for either K-1 or K-3 and get a job offer in the US, can I apply for a TN visa? Or would that be shooting myself in the foot?

Maybe - however, TN visas are not easy to get, they take several months to process and they are expensive (for the employer). I don't know what line of work you are in, but unless it is some profession that is in huge demand in the U.S. this probably is not even an option.

Thanks for your help and support. Having found this forum has helped me morally. Being Canadian and having done my studies in the US, I am still in shock they are refusing me entry. Knowing I'm not alone in this makes me feel less like this is unfair treatment. I still can't believe they are giving us Canadians such a hard time... I guess it takes a while for the reality to sink in.

I think a lot of people are surprised when they find out that Canadians do not get any preferential treatment when it comes to immigrating to the U.S. - Americans don't get any preferential treatment when immigrating to Canada either.

Edited February 13, 2009 by trailmix