K1 or K3? Which to use?

[C and J 1]

Sorry, should have mentioned that my previous post was regarding this comment:-

All the data I have seen here shows the K1 taking roughly 6 months and the k3 taking around 7-8 months to complete. I'm sure those times are not concrete.

I wanted to ensure the OP had a more realistic time frame for the visa's, as we know they are not going through that quickly any more The service centres, alone, are taking 6 months.

[Marilyn. 340]

please someone correct me if I am wrong but I believe if she is already here in the US and you are planning on getting married here... you could always adjust status while she was here and then she wouldn't have to go back to her home country... unless she wants to return to her home country and then you would have to apply for the Cr1 and or K3 visa to get her back tot he US.....

[MargotDarko 0]

please someone correct me if I am wrong but I believe if she is already here in the US and you are planning on getting married here... you could always adjust status while she was here and then she wouldn't have to go back to her home country... unless she wants to return to her home country and then you would have to apply for the Cr1 and or K3 visa to get her back tot he US.....

That would only be okay if she was already in the US and if she had no intent to stay when she entered. It sounds to me like she is currently in Venezuela and has a visitor's visa she wants to use soon.

My suggestion is for her to visit, marry, file the I-130 asap, and then for her to return to Venezuela before her allowed visit is over. I also strongly recommend going for the CR1 visa and leaving the I-129f/K3 visa alone. This route would shorten the separation time and mean that she had the visa with the most advantages.

[C and J 1]

please someone correct me if I am wrong but I believe if she is already here in the US and you are planning on getting married here... you could always adjust status while she was here and then she wouldn't have to go back to her home country... unless she wants to return to her home country and then you would have to apply for the Cr1 and or K3 visa to get her back tot he US.....

If there are any plans to immigrate when the fiance(e) entered the US, then the person would be commiting visa fraud to stay permanently and file. This person is contemplating immigration, so that is a rather grey area and probably something that was discussed between them prior to the visit. The safest way to go about this is for the fiance(e) to return to their home country, as you would have to convince a USCIS official that there was no immigration intent and that could be difficult.

[Jeetyetkidd 0]

She has a tourist visa that is good until 2014 with allowable stays of up to 6 months at a time. We have spent a lot of time together both here in the States and in Venezuela. We have discussed whether to get married here or there, but from what I read on the CR1 it doesn't matter what country it is in. We'll be together in the States again in Feb. and March (wedding) then she will return to Venezuela after we are married until the process is done. So, i do not see how that would be considered fraud if we are following the same process everyone else is. We are two people that met, fell in love, and want to spend the rest of our lives together like everyone else on here I am sure of.

[MargotDarko 0]

She has a tourist visa that is good until 2014 with allowable stays of up to 6 months at a time. We have spent a lot of time together both here in the States and in Venezuela. We have discussed whether to get married here or there, but from what I read on the CR1 it doesn't matter what country it is in. We'll be together in the States again in Feb. and March (wedding) then she will return to Venezuela after we are married until the process is done. So, i do not see how that would be considered fraud if we are following the same process everyone else is. We are two people that met, fell in love, and want to spend the rest of our lives together like everyone else on here I am sure of.

Your plan is not fraud. You may marry wherever you like and she may continue to use her visitor's visa. All she has to do is not stay in the US longer than allowed and to get the CR1 visa before settling permanently in the US.

The discussion about what would be visa fraud is if she was in the US on the visitor's visa and then tried to adjust status to permanent resident directly without going through the process of getting an immigrant visa - the CR1. So no worries for you!

[Jeetyetkidd 0]

Thanks for clearing that up.

[Marilyn. 340]

ok sorry, I guess I misread the Op's post.. I thought she was in the US already...