Should they file K-1 or K-3 Help?!

[tnw 0]

I'm in the process of filing K-1 for my fiance in Jamaica but have a friend who's also just starting the "process" and is unsure about which petition to file. Here's the scenario.....

She met and got engaged to a man from Jamaica who is already working here in the States on a work visa. His current visa expires Oct 2008 and she's unsure if they should be looking at a K-1 or a K-3 later down the road. They want to eventually get married but don't know if they are legally allowed to do that while he's already here or should they just wait until he's no longer on the work visa, wait till' he's back in Jamaica....then just file the K-1?

I've heard mixed things about all of this in the past and wasn't really sure what to tell her. It seems like it would make sense for them to get married while he's here - even if he has to return to his country for her to file the K-3 but she wants to make sure she's doing everything on the up and up.

Any advice I can give her would be helpful!

[Black Velvet 4]

I'm in the process of filing K-1 for my fiance in Jamaica but have a friend who's also just starting the "process" and is unsure about which petition to file. Here's the scenario.....

She met and got engaged to a man from Jamaica who is already working here in the States on a work visa. His current visa expires Oct 2008 and she's unsure if they should be looking at a K-1 or a K-3 later down the road. They want to eventually get married but don't know if they are legally allowed to do that while he's already here or should they just wait until he's no longer on the work visa, wait till' he's back in Jamaica....then just file the K-1?

I've heard mixed things about all of this in the past and wasn't really sure what to tell her. It seems like it would make sense for them to get married while he's here - even if he has to return to his country for her to file the K-3 but she wants to make sure she's doing everything on the up and up.

Any advice I can give her would be helpful!

Post your question on the Yardie Thread. There are tons of members that can help. Unfortunately, I am not sure about which petition your friend should file.

[Jonesie 1]

I'm in the process of filing K-1 for my fiance in Jamaica but have a friend who's also just starting the "process" and is unsure about which petition to file. Here's the scenario.....

She met and got engaged to a man from Jamaica who is already working here in the States on a work visa. His current visa expires Oct 2008 and she's unsure if they should be looking at a K-1 or a K-3 later down the road. They want to eventually get married but don't know if they are legally allowed to do that while he's already here or should they just wait until he's no longer on the work visa, wait till' he's back in Jamaica....then just file the K-1?

I've heard mixed things about all of this in the past and wasn't really sure what to tell her. It seems like it would make sense for them to get married while he's here - even if he has to return to his country for her to file the K-3 but she wants to make sure she's doing everything on the up and up.

Any advice I can give her would be helpful!

Did she meet him before he came to the US? If they get married while he is here on work visa, they will have to prove that they didn't know each other beforehand. I have a friends that did this with their work visa - he stayed in the US even after his work visa expired and to be honest I am still surprised that they were granted approval. It's a tricky process, the Yardie thread and other threads here on the board will be of more assistance.

Good luck to your friend.

[nyseness 0]

I'm in the process of filing K-1 for my fiance in Jamaica but have a friend who's also just starting the "process" and is unsure about which petition to file. Here's the scenario.....

She met and got engaged to a man from Jamaica who is already working here in the States on a work visa. His current visa expires Oct 2008 and she's unsure if they should be looking at a K-1 or a K-3 later down the road. They want to eventually get married but don't know if they are legally allowed to do that while he's already here or should they just wait until he's no longer on the work visa, wait till' he's back in Jamaica....then just file the K-1?

I've heard mixed things about all of this in the past and wasn't really sure what to tell her. It seems like it would make sense for them to get married while he's here - even if he has to return to his country for her to file the K-3 but she wants to make sure she's doing everything on the up and up.

Any advice I can give her would be helpful!

Did she meet him before he came to the US? If they get married while he is here on work visa, they will have to prove that they didn't know each other beforehand. I have a friends that did this with their work visa - he stayed in the US even after his work visa expired and to be honest I am still surprised that they were granted approval. It's a tricky process, the Yardie thread and other threads here on the board will be of more assistance.

Good luck to your friend.

Actually it's not really that strange. Ton of my friends all came up on visitor visas and overstayed. Most of them got married and filed for the AOS and others are just here. As long as he can prove their was "no intent" then everything will work out. I have a cousin who just asked me the same question b/c her friend from IL needed some assistance.