K-1 or K-3?

[Ducsaghar 0]

OP:

The K3 is functionally obsolete (even thought it's still officially on the books). To file a K3, you would first file the I-130, then you would file an I-129F. USCIS would tie the two petitions together by pulling the I-130 from its current place in the queue and place it with the I-129F that was just submitted. The two petitions are usually approved at the same time and sent to the NVC. If the NVC receives both petitions at the same time or they receive the I-130 before receiving the I-129F, then the I-129F is administratively closed leaving only the I-130 active. An active I-130 places you on the CR-1 path.

I don't think one process is much faster than the other. Posted times by USCIS from NOA1 to NOA2 for K1 and CR-1 is 5 months. For CR-1, there is processing at the NVC which would only take a few weeks if managed correctly. Although, these last couple of months, it has taken about 1 month after NOA2 to obtain a case number for a spousal visa petition at the NVC.

The NVC's role for a K1 file is to assign a case number and send it to the appropriate Embassy/Consulate overseas.

Very informative response even though I have yet to learn all of the abbreviations. I can't thank enough for your response, Ryan.

You guys are really wonderful here. I'm very grateful for all of your inputs.

[Ducsaghar 0]

Addition to my last post:

Lastly, when entering on a K1 visa, Adjustment of Status is required to obtain a green card, a process that takes months. Additionally, she would not be able to work or leave the US during that time unless she had an Employment Authorization Document and Advanced Parole respectively (these two items are applied for when filing for AOS).

A CR-1 visa is an immigrant visa, a green card is issued on arrival in the form of an I-551 stamp, the actual card will arrive a short time later. Employment and travel outside the US allowed without needing any special documentation.

Again, thank you very much, Ryan. Very useful info. I'll definitely keep this for future references.

[Ryan H 3,812]

Very informative response even though I have yet to learn all of the abbreviations.

Common abbreviations you will see here on VJ:

• USCIS: US Citizenship and Immigration Services
  
• NOA1: First Notice of Action, received shortly after you file your petition, simply an acknowledgement that USCIS has received your petition and placed it in the queue
  
• NOA2: Second Notice of Action, USCIS has made a decision on your petition (can but not always equal approval by USCIS)
  
• NVC: National Visa Center
  
• AOS: Adjustment of Status or Affidavit of Support (depends on the path you take; AOS refers to Adjustment of Status after entry on a K1 visa; AOS will refer to Affidavit of Support when sending financial information to the NVC on the CR-1 path)
  
• EAD: Employment Authorization Document
  
• AP: Advanced Parole or Administrative Processing (Administrative Processing is additional processing after the visa interview, since you would be petitioning a beneficiary from Iran, this is something you need to read up on and be prepared for. I explained Advanced Parole in a prior post)
  
• DHS: US Department of Homeland Security
  
• DOS: US State Department

Let me know if you have any other questions.

[Leatherneck 693]

Much obliged to you for your useful suggestions, Leatherneck. I'll do that, and thank you for the link.

You're welcome...best wishes.

[Leatherneck 693]

my better half already put down 2 different addresses on her 129 and 325 on first draft..

luckily, it is the start of the PROOFING!!

Oops!

[bahaynamin 13]

OP:

The K3 is functionally obsolete (even thought it's still officially on the books). To file a K3, you would first file the I-130, then you would file an I-129F. USCIS would tie the two petitions together by pulling the I-130 from its current place in the queue and place it with the I-129F that was just submitted. The two petitions are usually approved at the same time and sent to the NVC. If the NVC receives both petitions at the same time or they receive the I-130 before receiving the I-129F, then the I-129F is administratively closed leaving only the I-130 active. An active I-130 places you on the CR-1 path.

I don't think one process is much faster than the other. Posted times by USCIS from NOA1 to NOA2 for K1 and CR-1 is 5 months. For CR-1, there is processing at the NVC which would only take a few weeks if managed correctly. Although, these last couple of months, it has taken about 1 month after NOA2 to obtain a case number for a spousal visa petition at the NVC.

The NVC's role for a K1 file is to assign a case number and send it to the appropriate Embassy/Consulate overseas.

Sounds spot on to me!

[Ducsaghar 0]

Common abbreviations you will see here on VJ:

• USCIS: US Citizenship and Immigration Services
  
• NOA1: First Notice of Action, received shortly after you file your petition, simply an acknowledgement that USCIS has received your petition and placed it in the queue
  
• NOA2: Second Notice of Action, USCIS has made a decision on your petition (can but not always equal approval by USCIS)
  
• NVC: National Visa Center
  
• AOS: Adjustment of Status or Affidavit of Support (depends on the path you take; AOS refers to Adjustment of Status after entry on a K1 visa; AOS will refer to Affidavit of Support when sending financial information to the NVC on the CR-1 path)
  
• EAD: Employment Authorization Document
  
• AP: Advanced Parole or Administrative Processing (Administrative Processing is additional processing after the visa interview, since you would be petitioning a beneficiary from Iran, this is something you need to read up on and be prepared for. I explained Advanced Parole in a prior post)
  
• DHS: US Department of Homeland Security
  
• DOS: US State Department

Let me know if you have any other questions.

Wow, you're really kind and generous with your response, Ryan. I'm just so appreciative of your help. Thank you so much. I'll definitely remember who to talk to if I have further questions.

[Ducsaghar 0]

OP:

The K3 is functionally obsolete (even thought it's still officially on the books). To file a K3, you would first file the I-130, then you would file an I-129F. USCIS would tie the two petitions together by pulling the I-130 from its current place in the queue and place it with the I-129F that was just submitted. The two petitions are usually approved at the same time and sent to the NVC. If the NVC receives both petitions at the same time or they receive the I-130 before receiving the I-129F, then the I-129F is administratively closed leaving only the I-130 active. An active I-130 places you on the CR-1 path.

I don't think one process is much faster than the other. Posted times by USCIS from NOA1 to NOA2 for K1 and CR-1 is 5 months. For CR-1, there is processing at the NVC which would only take a few weeks if managed correctly. Although, these last couple of months, it has taken about 1 month after NOA2 to obtain a case number for a spousal visa petition at the NVC.

The NVC's role for a K1 file is to assign a case number and send it to the appropriate Embassy/Consulate overseas.

Hey Ryan,

I noticed on your timeline that your switched from doing a K-1 to CR-1. Does it mean that you never filed I-129F for K-1?

In my case where marriage inside Iran could be really difficult, if not impossible, because I'm not a Muslim, which do you think is the best option, K-1 or CR-1? We had also contemplated getting married in Istanbul, Turkey, if the CR-1 process is just as quick as the K-1.

[Ducsaghar 0]

I also have another question. I have yet to meet my future wife face-to-face, but we're planning to do so in less than 3 months. If doing a K-1, can I start filing the I-129F now or do I have to wait after I meet my girl and the engagement?

Thanks in advance.

[In a tizzy 7]

Well,

K-1 is the way to go. You really REALLY need to meet the "family" and observe, absorb, and appreciate where she came from. I speak from experience. It made the bond EVER stronger between him and me.

IMHO, if you applied another route, the validity of the relationship may be internally analyzed and questioned, such as developing hindsight, "I should have..." "How was this handled over there..."

I'm just saying and offering a VERY odd response. You don't have to take this advice. It's just my personal perspective.

FLY over there, meet the family, do it the RIGHT way, etc. Good luck!

E

[Ryan H 3,812]

I noticed on your timeline that your switched from doing a K-1 to CR-1. Does it mean that you never filed I-129F for K-1?

That's correct, I never filed the I-129F.

In my case where marriage inside Iran could be really difficult, if not impossible, because I'm not a Muslim, which do you think is the best option, K-1 or CR-1? We had also contemplated getting married in Istanbul, Turkey, if the CR-1 process is just as quick as the K-1.

The spirit that went into creation of the K1 is when it is extremely difficult or impossible for US Citizen to marry in the foreign spouse's country due to laws and regulations of said foreign country.

I am not qualified to opine as to which process (K1 or CR-1) is best for your situation. Every case is unique and circumstances surrounding each couple is different. The best suggestion I can give you is to carefully compare the two processes, discuss it with your significant other, and then select the path that best suits your situation and circumstances. Continue to ask any questions you have.

I also have another question. I have yet to meet my future wife face-to-face, but we're planning to do so in less than 3 months. If doing a K-1, can I start filing the I-129F now or do I have to wait after I meet my girl and the engagement?

You cannot file the I-129F until you have had the face-to-face meeting.

[Ducsaghar 0]

Well,

K-1 is the way to go. You really REALLY need to meet the "family" and observe, absorb, and appreciate where she came from. I speak from experience. It made the bond EVER stronger between him and me.

IMHO, if you applied another route, the validity of the relationship may be internally analyzed and questioned, such as developing hindsight, "I should have..." "How was this handled over there..."

I'm just saying and offering a VERY odd response. You don't have to take this advice. It's just my personal perspective.

FLY over there, meet the family, do it the RIGHT way, etc. Good luck!

E

Thanks, Emily. I'll take any and as many responses that are given. I can always learn something from each individual response, odd or not. I don't think yours is odd at all. Visiting Iran is a bit challenging because of the strict Muslim culture there. But you're right, meeting her family would be a very positive thing for her and us. It's just that I read all these precautious warnings from our goverment's website that really discouraged me from setting my foot inside that country.

Any USC ever travelled to Iran lately, please share your experiences. Is it safe to go there visiting? Any kind of possible problems I can expect by being a non-Muslim traveller? Any positive info would be a great deal in helping me decide if I should see my girl in Iran or Turkey.

Thank you guys.

[Ducsaghar 0]

That's correct, I never filed the I-129F.

The spirit that went into creation of the K1 is when it is extremely difficult or impossible for US Citizen to marry in the foreign spouse's country due to laws and regulations of said foreign country.

I am not qualified to opine as to which process (K1 or CR-1) is best for your situation. Every case is unique and circumstances surrounding each couple is different. The best suggestion I can give you is to carefully compare the two processes, discuss it with your significant other, and then select the path that best suits your situation and circumstances. Continue to ask any questions you have.

You cannot file the I-129F until you have had the face-to-face meeting.

I've learnt so much from your responses, Ryan. You've been so kind. I can't thank you enough.

If we decided to go with the CR-1, do you think us getting married in Istanbul, Turkey, on our first face-to-face would raise any red flag? Do they require an engagement period before the wedding date? I'm not so sure.

I really don't want to take the chance of them denying my future bride a visa if our marriage causes them to be more suspicious. My girl and I are so ready to be married, but we also want the best possible way to not fail the process, if that means going with the fiance route.

Much obliged, Ryan.

[Ryan H 3,812]

If we decided to go with the CR-1, do you think us getting married in Istanbul, Turkey, on our first face-to-face would raise any red flag? Do they require an engagement period before the wedding date? I'm not so sure.

In some countries, filing a petition (K1 or CR-1) after the very first in-person meeting can present a problem, in others, it's no big deal. You need an Iran specific answer in this regard (or a Middle East general answer). Officially, there is no law or regulation that requires of an engagement period prior to a wedding date.

I really don't want to take the chance of them denying my future bride a visa if our marriage causes them to be more suspicious. My girl and I are so ready to be married, but we also want the best possible way to not fail the process, if that means going with the fiance route.

To maximize your chances for success, frontload your petition. Frontloading is including various types of evidence along with the required paperwork when you file the petition with USCIS. Everything you send with the initial filing becomes part of the file that will be viewed by a Consular Official (CO) prior to an interview taking place. Examples of relationship evidence include but is not limited to: pictures, airline tickets, hotel receipts, phone records, skype records, emails, chat logs, cards, etc.

Any USC ever travelled to Iran lately, please share your experiences. Is it safe to go there visiting? Any kind of possible problems I can expect by being a non-Muslim traveller? Any positive info would be a great deal in helping me decide if I should see my girl in Iran or Turkey.

I have never been to Iran personally, but I have read that getting a visa for Iran is complicated. You may want to check out the Trip Advisor - Iran Forums for information. Also, this information on a visa to Iran is from Lonely Planet, I do not know how current it is.

Edited October 19, 2011 by Ryan H

[Herb1431 1]

Hi everyone,

Here's my situation. I'm currently in a long distant relationship with a Persian girl. I'm here in California and she's in Iran. We've never met face-to-face yet, but we've video-chatted consistently since we both decided that we liked each other very much. We've known each other via facebook since May of this year. Our love has grown exponentially the more we become acquainted with each other each day.

We've intended to meet later on this year, or the beginning of next year, in Istanbul, Turkey. Both of us have discussed extensively about getting married. I'm madly in love with this girl and she's with me. I wanted her so badly to be with me in the US.

We have so many things in common, even though she was brought up in a Muslim culture. I'm not a Muslim, but we share many core moral values, ethics, spiritual beliefs and interests. Her parents have no problem with her marrying me.

I've inquired with a few lawyers regarding the fastest and easiest process to bring her here, and they all told me to go with the K-1 application. The first lawyer told me that the process would take 3-4 months (fee = $3000). The rest of them told me a minimum of 6 months (fee = $1000). I haven't retained any services from them. Thanks God that I found this website before wasting a penny on a lawyer.

Please tell me which is the best way to go about securing a visa for my girlfriend. I already know that with K-1, the couple has to have met face-to-face, which we've already planned to do in a few months. I'm still wondering if K-3 is a better option if we went ahead and got married in Turkey. I'm not sure which is a better option. Please advise.

I want to apologize in advance if my topic is out of place. Any advice would be extremely appreciative. Thank you all for reading.