K3 vs K1

[Shailendra 0]

Hi,

I'm a US citizen looking to get married to my girlfriend from Canada who is a Canadian citizen. Both of us being Indian, we will be doing the Indian ceremony in Canada in July.

I would like to bring my fiance to the States once our Indian ceremony is done in July.

My questions are:

What is the process for bringing her here to the US once we are married (is K1 faster than K3)?

If the K1 or K3 are in process, is she allowed into the States to be with me?

Is it better to get a court marriage done here in the States, then apply for her green card (I-485) and bypassing the whole K1/K3 process?

Any help is appreciated,

Shailendra

[pushbrk 12,569]

Hi,

I'm a US citizen looking to get married to my girlfriend from Canada who is a Canadian citizen. Both of us being Indian, we will be doing the Indian ceremony in Canada in July.

I would like to bring my fiance to the States once our Indian ceremony is done in July.

My questions are:

What is the process for bringing her here to the US once we are married (is K1 faster than K3)?

If the K1 or K3 are in process, is she allowed into the States to be with me?

Is it better to get a court marriage done here in the States, then apply for her green card (I-485) and bypassing the whole K1/K3 process?

Any help is appreciated,

Shailendra

Once you are legally married you don't have a fiance, so she doesn't qualify for a K1 visa. Where is she living now? If she's already in the US legally, yes you could get married and adjust status. If she's living in Canada now, that's another animal.

[Yodrak 7]

Shailendra,

She's allowed to visit, if she can convince the CBP officer at the POE that visiting is all she'll be doing. She is not allowed to take up residence in the USA until she has obtained the appropriate visa.

Which, as pushbrk has explained, will not be a K1 visa.

Yodrak

....

If the K1 or K3 are in process, is she allowed into the States to be with me?

.....

Shailendra

[Shailendra 0]

Hi,

I'm a US citizen looking to get married to my girlfriend from Canada who is a Canadian citizen. Both of us being Indian, we will be doing the Indian ceremony in Canada in July.

I would like to bring my fiance to the States once our Indian ceremony is done in July.

My questions are:

What is the process for bringing her here to the US once we are married (is K1 faster than K3)?

If the K1 or K3 are in process, is she allowed into the States to be with me?

Is it better to get a court marriage done here in the States, then apply for her green card (I-485) and bypassing the whole K1/K3 process?

Any help is appreciated,

Shailendra

Once you are legally married you don't have a fiance, so she doesn't qualify for a K1 visa. Where is she living now? If she's already in the US legally, yes you could get married and adjust status. If she's living in Canada now, that's another animal.

Suppose she were to come here next month, and we get married in Reno. I'm assuming if this happens, she is out of the K1 process and the K3 process needs to be started. Assuming the K3 process is started, is she allowed to go back and forth to Canada while the K3 is being processed?

Hi,

I'm a US citizen looking to get married to my girlfriend from Canada who is a Canadian citizen. Both of us being Indian, we will be doing the Indian ceremony in Canada in July.

I would like to bring my fiance to the States once our Indian ceremony is done in July.

My questions are:

What is the process for bringing her here to the US once we are married (is K1 faster than K3)?

If the K1 or K3 are in process, is she allowed into the States to be with me?

Is it better to get a court marriage done here in the States, then apply for her green card (I-485) and bypassing the whole K1/K3 process?

Any help is appreciated,

Shailendra

Once you are legally married you don't have a fiance, so she doesn't qualify for a K1 visa. Where is she living now? If she's already in the US legally, yes you could get married and adjust status. If she's living in Canada now, that's another animal.

She's currenly living in Canada...

[Yodrak 7]

Shailendra,

No, it doesn't. The K3 visa is an option, not a requirement. There is another visa available to the spouses of US citizens.

Yodrak

Suppose she were to come here next month, and we get married in Reno. I'm assuming if this happens, she is out of the K1 process and the K3 process needs to be started. .....

[Shailendra 0]

Shailendra,

No, it doesn't. The K3 visa is an option, not a requirement. There is another visa available to the spouses of US citizens.

Yodrak

Suppose she were to come here next month, and we get married in Reno. I'm assuming if this happens, she is out of the K1 process and the K3 process needs to be started. .....

Yodrak,

What is the advantage of a K1 vs K3, or vice versa.

Shailendra

[Yodrak 7]

Shailendra,

One's good if you're not married yet, the other's good if you are.

Beyond that it depends on your specific circumstances and objectives. You wrote that you want to get married in Canada and then have your wife immigrate to the USA. That makes the K3 better than the K1 for you. But as I wrote previously, K3 isn't your only option.

Time for you to do more reading and less writing for a while.

Yodrak

Yodrak,

What is the advantage of a K1 vs K3, or vice versa.

Shailendra

[pushbrk 12,569]

Shailendra,

No, it doesn't. The K3 visa is an option, not a requirement. There is another visa available to the spouses of US citizens.

Yodrak

Suppose she were to come here next month, and we get married in Reno. I'm assuming if this happens, she is out of the K1 process and the K3 process needs to be started. .....

Yodrak,

What is the advantage of a K1 vs K3, or vice versa.

Shailendra

There are guides here for you to read if you want an education on the visa types.

You've already said you want to marry in Canada in July. The K1 visa is only for marriage in the USA. The first thing for you to do is decide about your marriage plans, then apply for the appropriate visa.

[meauxna 15]

You've already said you want to marry in Canada in July. The K1 visa is only for marriage in the USA. The first thing for you to do is decide about your marriage plans, then apply for the appropriate visa.

The other point I'd add is the stated desire to have a ceremony in July AND bring the bride to the US. No matter which option, it should be highlighted that she won't be moving to the US this July with the options currently on the table.

If she works in a TN qualified field, she might look at that. (nod to sirniv!)

[Robor007 0]

If you're planning to marry in July your options are a K-3 or CR-1 visa. The K-3 is generally quicker while the CR-1 is 'better'. Check out the guides and look at the specific K-3 and CR-1 forums and you'll start to understand the differences. Good luck!

[Shailendra 0]

If you're planning to marry in July your options are a K-3 or CR-1 visa. The K-3 is generally quicker while the CR-1 is 'better'. Check out the guides and look at the specific K-3 and CR-1 forums and you'll start to understand the differences. Good luck!

Thanks for the feedback, I'll look into both of them.

However, being a Canadian citizen like she is, I assume she can come and stay with me in the States till her immigration status is being reviewed, correct?

[pushbrk 12,569]

If you're planning to marry in July your options are a K-3 or CR-1 visa. The K-3 is generally quicker while the CR-1 is 'better'. Check out the guides and look at the specific K-3 and CR-1 forums and you'll start to understand the differences. Good luck!

Thanks for the feedback, I'll look into both of them.

However, being a Canadian citizen like she is, I assume she can come and stay with me in the States till her immigration status is being reviewed, correct?

Canadian Citizens are allowed to visit the USA without a visa. Your Canadian wife is not allowed to move to the USA and set up residence with her US Citizen husband until after she has the appropriate visa.

Check out the difference in the definitions of "visit" and "reside" and plan accordingly.

[meauxna 15]

If you're planning to marry in July your options are a K-3 or CR-1 visa. The K-3 is generally quicker while the CR-1 is 'better'. Check out the guides and look at the specific K-3 and CR-1 forums and you'll start to understand the differences. Good luck!

Thanks for the feedback, I'll look into both of them.

However, being a Canadian citizen like she is, I assume she can come and stay with me in the States till her immigration status is being reviewed, correct?

She can ask to be admitted, like any other non-USC.

There are no guarantees, for being Canadian or otherwise.

[Shailendra 0]

If you're planning to marry in July your options are a K-3 or CR-1 visa. The K-3 is generally quicker while the CR-1 is 'better'. Check out the guides and look at the specific K-3 and CR-1 forums and you'll start to understand the differences. Good luck!

Thanks for the feedback, I'll look into both of them.

However, being a Canadian citizen like she is, I assume she can come and stay with me in the States till her immigration status is being reviewed, correct?

Canadian Citizens are allowed to visit the USA without a visa. Your Canadian wife is not allowed to move to the USA and set up residence with her US Citizen husband until after she has the appropriate visa.

Check out the difference in the definitions of "visit" and "reside" and plan accordingly.

So she can "visit" here...and since Canadian citizens do not need a visa, I believe the longest they can "visit" here is 6 months at a time, correct?

[meauxna 15]

So she can "visit" here...and since Canadian citizens do not need a visa, I believe the longest they can "visit" here is 6 months at a time, correct?

Yeah, but no "quotes" around it. If the border agent thinks she is coming over to live here, or stay long term, or whatever else you want to call it, he can and will deny her entry. We have a member here with a VERY painful and expensive story on the same topic.

Canadians are allowed 180 days of tourist entry to the US per year. If she already has time here this year, that should be deducted.

I agree with Yodrak, it's time for more reading, less posting.