K-1 or K-3 quicker?

[NCP 0]

Hi

I am new in all this process and hope you guys can clear some doubts for me. I am colombian and will be marrying a US citizen. We just want to be together as soon as possible, so we really dont care where the wedding takes place.

Would it be faster to apply for k-1 and then travel to the us and get married, or for him to come here, get married and apply for a k-3 after that?

I have a tourist visa, what would happen if I am there this December and we get married? Would I have to leave to get my status right?

And if I apply for k-1, can I still travel with this tourist visa to visit him?

Thanks for your help!

[Nik+Heather 121]

Hi NCP.

Limit your options to K-1 or CR-1. If your first concern is being together as soon as possible, AND you do not need to get a job as soon as you get here, but can wait for a few months, then K-1 is the way you should go.

If you and your fiance have already met in person, you can file for the K-1 right now. The processing time for the K-1 is faster than the CR-1, AND you don't have to wait until you get married.

If, on the other hand, your finances are such that you will need to work right away, you really need to go with a CR-1 visa. The K-1 also has much higher fees to get to a green card.

As to your second question about visiting, you should read the visiting FAQ. There is no law which says you may not visit, but you may find it difficult to get in the country, even with your tourist visa, with or without a family based visa in the works when you have an intent to move here. It is our experience that it was helpful for Nik to show the NOA1. Bring convincing proof of ties to your country for the best chances.

[DoneWaiting 15]

Hi

I am new in all this process and hope you guys can clear some doubts for me. I am colombian and will be marrying a US citizen. We just want to be together as soon as possible, so we really dont care where the wedding takes place.

Would it be faster to apply for k-1 and then travel to the us and get married, or for him to come here, get married and apply for a k-3 after that?

I have a tourist visa, what would happen if I am there this December and we get married? Would I have to leave to get my status right?

And if I apply for k-1, can I still travel with this tourist visa to visit him?

Thanks for your help!

As previously posted by Nik+Heather, your options for K1-K3 [CR1] are your best options, I would recommend the K1 for faster process.

Your option of tourist visa, DONT EVEN TRY to come to the country with B2 visa and get marry.. will be the worth decision you will make. Getting marry under a tourist visa, is penalized as an action of fraud. So, hold on with your K1 or K3.. It is a little longer but rewarding.

[Nik+Heather 121]

Hi

I am new in all this process and hope you guys can clear some doubts for me. I am colombian and will be marrying a US citizen. We just want to be together as soon as possible, so we really dont care where the wedding takes place.

Would it be faster to apply for k-1 and then travel to the us and get married, or for him to come here, get married and apply for a k-3 after that?

I have a tourist visa, what would happen if I am there this December and we get married? Would I have to leave to get my status right?

And if I apply for k-1, can I still travel with this tourist visa to visit him?

Thanks for your help!

As previously posted by Nik+Heather, your options for K1-K3 [CR1] are your best options, I would recommend the K1 for faster process.

Your option of tourist visa, DONT EVEN TRY to come to the country with B2 visa and get marry.. will be the worth decision you will make. Getting marry under a tourist visa, is penalized as an action of fraud. So, hold on with your K1 or K3.. It is a little longer but rewarding.

It is completely OK to get married in the US on a tourist visa. It is NOT allowed for you to come into the US with the intent to stay. So, if you plan your wedding for this December trip, you also need to plan on leaving your new spouse and going back home.

[SunDrop 59]

Your option of tourist visa, DONT EVEN TRY to come to the country with B2 visa and get marry.. will be the worth decision you will make. Getting marry under a tourist visa, is penalized as an action of fraud. So, hold on with your K1 or K3.. It is a little longer but rewarding.

Disagreed. Fraud is only committed if you enter the country as a tourist, whether on a B2 or VWP, because you plan to get married and adjust your status. You are perfectly entitled to enter, get married, leave and go the K3/CR1 route.

Also agree with the PP on being able to file now for the K1 to get the process going, unless you are able to arrange for him to travel immediately and get married quickly. CR1 is the best route in terms of time, cost and speed to getting your GC when you factor everything in together.

Edited November 2, 2009 by SunDrop

[DoneWaiting 15]

Your option of tourist visa, DONT EVEN TRY to come to the country with B2 visa and get marry.. will be the worth decision you will make. Getting marry under a tourist visa, is penalized as an action of fraud. So, hold on with your K1 or K3.. It is a little longer but rewarding.

Disagreed. Fraud is only committed if you enter the country as a tourist, whether on a B2 or VWP, because you plan to get married and adjust your status. You are perfectly entitled to enter, get married, leave and go the K3/CR1 route.

Also agree with the PP on being able to file now for the K1 to get the process going, unless you are able to arrange for him to travel immediately and get married quickly. CR1 is the best route in terms of time, cost and speed to getting your GC when you factor everything in together.

Yes, it is true, is OK to come here with a B2/Tourist visa.. completely legal, get marry, have kids.. Unfortunately my friends, the department of immigration will not see this way, they will see your actions were fraudulent deceiving the state obtaining a tourist visa with intent to marry [since they know is the easy way].. You could be denied legalization when applying.. But, your choice,

[pushbrk 12,824]

Your option of tourist visa, DONT EVEN TRY to come to the country with B2 visa and get marry.. will be the worth decision you will make. Getting marry under a tourist visa, is penalized as an action of fraud. So, hold on with your K1 or K3.. It is a little longer but rewarding.

Disagreed. Fraud is only committed if you enter the country as a tourist, whether on a B2 or VWP, because you plan to get married and adjust your status. You are perfectly entitled to enter, get married, leave and go the K3/CR1 route.

Also agree with the PP on being able to file now for the K1 to get the process going, unless you are able to arrange for him to travel immediately and get married quickly. CR1 is the best route in terms of time, cost and speed to getting your GC when you factor everything in together.

Yes, it is true, is OK to come here with a B2/Tourist visa.. completely legal, get marry, have kids.. Unfortunately my friends, the department of immigration will not see this way, they will see your actions were fraudulent deceiving the state obtaining a tourist visa with intent to marry [since they know is the easy way].. You could be denied legalization when applying.. But, your choice,

This is a senseless argument. The problem is not marrying. The problem is adjusting status based on the marriage. If you enter the US legally and marry, then LEAVE THE USA and follow the spouse visa path, there IS NO PROBLEM. Intent to marry is fine. Intent to marry AND adjust status based on that marriage is where the problem comes in. At least we don't have to go over this several times a week anymore.

[Nik+Heather 121]

Your option of tourist visa, DONT EVEN TRY to come to the country with B2 visa and get marry.. will be the worth decision you will make. Getting marry under a tourist visa, is penalized as an action of fraud. So, hold on with your K1 or K3.. It is a little longer but rewarding.

Disagreed. Fraud is only committed if you enter the country as a tourist, whether on a B2 or VWP, because you plan to get married and adjust your status. You are perfectly entitled to enter, get married, leave and go the K3/CR1 route.

Also agree with the PP on being able to file now for the K1 to get the process going, unless you are able to arrange for him to travel immediately and get married quickly. CR1 is the best route in terms of time, cost and speed to getting your GC when you factor everything in together.

Yes, it is true, is OK to come here with a B2/Tourist visa.. completely legal, get marry, have kids.. Unfortunately my friends, the department of immigration will not see this way, they will see your actions were fraudulent deceiving the state obtaining a tourist visa with intent to marry [since they know is the easy way].. You could be denied legalization when applying.. But, your choice,

The problem isn't getting married on a tourist visa - and then leaving to process a spouse visa. The problem is getting married and THEN trying to adjust status (if you entered with the intent to stay all along). There are two distinct events here, they aren't one in the same like you're treating them.

[NCP 0]

Thank you all for the replies! Everything is a little more clear now.

i think we better start the k1 process right now!

[NCP 0]

One more question.

I have been reading a lot about lawyers on the forums.. is it really necessary to hire one to do all the K1 process? Would it be crazy to think we could do it ourselves?

thanks!

[Stephen + Elisha 92]

One more question.

I have been reading a lot about lawyers on the forums.. is it really necessary to hire one to do all the K1 process? Would it be crazy to think we could do it ourselves?

thanks!

Not crazy at all. Most VJ users are do-it-yourselfers. It requires an investment of time, patience, and quite a bit of attention to detail. The paperwork is relatively straightforward, but quite detailed. If you can't handle that for whatever reason, or would simply rather pay someone to do it for you, then you'll want to explore the lawyer route. Likewise, if your case is unusually complicated, you'll want to seek legal advice.