K-1 vs K-3???

[Jeff and Emily 0]

Hello guys and gals. I am sure this area has been covered many times before so please forgive me for asking again. The time is approaching (July, 2010) for me to meet my fiancee Emily in Dubai. We were wondering if it would be beneificial to go ahead and get married while I am there and deal with a K-3 visa as opposed to a K-1 visa? Would we be better off doing that in your opinion or should we stick to the K-1 visa as planned? For instance, is a K-3 cheaper, faster, easier to obtain since she would already be my wife? Your thoughts please and thank you so much.

[Darnell 8,478]

Suggest you read this - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

then map out your K-3 plan of attack. If , at some point, you feel the K-3 isn't for you, then you might want to study up on NVC Processing for CR-1 visa. Both require filing an I-130 petition.

As for going with a K-1 - IMO, it is faster than a CR-1, by a few months; but to 'get a greencard', after POE, must spend more money. You'll spend a bit of money for the CR-1, as well, but not as much as on the K-1/AOS duo.

Edited June 10, 2010 by Darnell

[pushbrk 12,822]

Suggest you read this - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

then map out your K-3 plan of attack. If , at some point, you feel the K-3 isn't for you, then you might want to study up on NVC Processing for CR-1 visa. Both require filing an I-130 petition.

As for going with a K-1 - IMO, it is faster than a CR-1, by a few months; but to 'get a greencard', after POE, must spend more money. You'll spend a bit of money for the CR-1, as well, but not as much as on the K-1/AOS duo.

Huh? K3 isn't FOR anybody. It's effectively dead.

If you come home married the CR1 is likely to take only a few weeks longer than the K1 would have taken. The reason K1 is usually faster is that people ask about it when they come home unmarried from a visit. In those cases, of course it's much faster because they would need to plan another trip and actually marry before beginning a spouse visa process.

[Darnell 8,478]

Come on push - stay with the 'lets kill the K-3' dialog, yes? The OP must decide for himself if the K-3 is something he wants to attempt.

The reason K1 is usually faster is that people ask about it when they come home unmarried from a visit

FAIL. The reason the K-1 is usually faster, is that there IS NO NVC PROCESSING for the petitioner and Beneficiary to handle.

[pushbrk 12,822]

Come on push - stay with the 'lets kill the K-3' dialog, yes? The OP must decide for himself if the K-3 is something he wants to attempt.

The reason K1 is usually faster is that people ask about it when they come home unmarried from a visit

FAIL. The reason the K-1 is usually faster, is that there IS NO NVC PROCESSING for the petitioner and Beneficiary to handle.

I also said, "If you come home married the CR1 is likely to take only a few weeks longer than the K1 would have taken." NVC processing is why a CR1 takes a few weeks longer. Did that not cover it adequately for you?

[Darnell 8,478]

Push - it's me - you know *I* don't need it adequately covered, for me.

What I take exception to is this - The reason K1 is usually faster is that people ask about it when they come home unmarried from a visit Speed on the I-129F/K-1, duration on the I-129F/K-1, has nothing to do with people 'asking about it' when they 'come home unmarried'.

Asking about 'it' has nothing to do with K-1 speed, at all. And You Know That.

[pushbrk 12,822]

Push - it's me - you know *I* don't need it adequately covered, for me.

What I take exception to is this - The reason K1 is usually faster is that people ask about it when they come home unmarried from a visit Speed on the I-129F/K-1, duration on the I-129F/K-1, has nothing to do with people 'asking about it' when they 'come home unmarried'.

Asking about 'it' has nothing to do with K-1 speed, at all. And You Know That.

Would you have been happier if I'd worded it this way, "The people usually find the K1 the faster and better choice for their circumstances is they ask about it when they come home unmarried from a visit"? Some things are too complicated to use a single sentence to explain them. That's why I used a two-sentence paragraph. The first sentence acknowledged the K1 process was a few weeks faster than the CR1 process. The second sentence was intended to explain why the K1 was more popular. It's not because it takes a few weeks less from filing to interview. It's mostly because people don't learn about their options until after they've returned from a trip unmarried. When it takes a paragraph to explain a point, taking one sentence out of context to nit pick is a party foul in my world.

In my experience, people who learn about the process BEFORE an already planned visit abroad, are far more likely to arrange to marry, with some notable exceptions, like the Philippines, where accomplishing the marriage is more complicated, cases where having the foreign spouse work is unimportant or USC women who desire marriage in the USA where their families can attend.

People also often ask which visa is easier. Usually those questions come from people who are unmarried, so K1 is far easier BECAUSE to take the spouse route would require arranging another trip and a marriage. Often people discuss which process cost less, while ignoring the cost of making that additional trip abroad.

Now, I hope I've made my point. It took three paragraphs. Please forgive my prior laziness in trying to make the point in only two sentences.

[Darnell 8,478]

oh my - first it was a discussion of speed, shifted into discussion of 'popular' .

Sorry, I was staying on point with SPEED. I've no interest in discussing what is popular, or not.

I've also no interest in discussing that 'ah sh|t' moment that occurs when someone discovers they have more paperwork to do if they want to be married overseas, nor any interest in discussing that 'extra trip'.

The posit was comparing 'speed', not 'what is popular', not the 'ah sh|t' moment, and not the 'extra trip'.

IMO, you veered.

Edited June 11, 2010 by Darnell

[pushbrk 12,822]

IMO, you veered.

Yes, I did. It's allowed. Whether the veer interests you is not my concern.

[Jeff and Emily 0]

Geez, calm down people, I didnt mean to start an argument, he he.

[Darnell 8,478]

hey Jeff - no worries on my side

Let us know what you decide, though ?

[mllover 0]

Jeff,

I don't know exactly the processing times where you're filing, but here's my experience with my American spouse:

I was interested in k-3 status because i have a job offer in the US and want to immigrate immediately. But today at the US Consulate in Vancouver, while filing our i_130 petition (the first step in any case)

they verbally told us there is no point in also applying for k-3 (spouse nonimmigrant status) because the i-130 will be approved faster (they caught up and are processing them faster now?)

and k-3 is no longer offered for this reason. K-3 is only NOT an option when the I-130 makes it through faster, and since they are saying it will, if you marry, you would actually likely skip k-3 and go straight

for the full green card from the getgo.

[pushbrk 12,822]

Jeff,

I don't know exactly the processing times where you're filing, but here's my experience with my American spouse:

I was interested in k-3 status because i have a job offer in the US and want to immigrate immediately. But today at the US Consulate in Vancouver, while filing our i_130 petition (the first step in any case)

they verbally told us there is no point in also applying for k-3 (spouse nonimmigrant status) because the i-130 will be approved faster (they caught up and are processing them faster now?)

and k-3 is no longer offered for this reason. K-3 is only NOT an option when the I-130 makes it through faster, and since they are saying it will, if you marry, you would actually likely skip k-3 and go straight

for the full green card from the getgo.

Before anybody asks whey USCIS tells a different story on their website, I'm going to remind everybody that USCIS adjudicates petitions. They DO NOT issue visas. You betcha they'll process a petition according to their procedures regardless of whether they know it won't result in a visa.

[Darnell 8,478]

Jeff,

I don't know exactly the processing times where you're filing, but here's my experience with my American spouse:

I was interested in k-3 status because i have a job offer in the US and want to immigrate immediately. But today at the US Consulate in Vancouver, while filing our i_130 petition (the first step in any case)

they verbally told us there is no point in also applying for k-3 (spouse nonimmigrant status) because the i-130 will be approved faster (they caught up and are processing them faster now?)

and k-3 is no longer offered for this reason. K-3 is only NOT an option when the I-130 makes it through faster, and since they are saying it will, if you marry, you would actually likely skip k-3 and go straight

for the full green card from the getgo.

IF you filed the I-130 in Vancouver, yer a totally different 'process type' - I-130 filed via 'Direct Consular Filing'. I'm thinking Jeff wasn't going to be eligible to file via that particular process.

However, it's always good to hear a report back from the Consular Official's mouth - it vettes what Push and I have been preaching about, for the death of the K-3 visa

Edited June 12, 2010 by Darnell

[rvince 0]

I followed the VJ members advice of not pursuing the K3 and I regret it a bit. After february filers I-130 form processing as virtually came to a stop. I think its very possible that the I-129 form can reach NVC before the I-130. I would suggest that all new filers submit the I-129F after receiving their NOA1 for the I-130.