NEED ADVISE K1 or K3

[*** 0]

Hi, My name is Jill and my Fiance is living in Brazil at present.

I have been reading all of your postings and read the notice that came out from the USCIS

yesterday. It is very discouraging as we have not even filed yet (I am waiting for my final

divorce decree) We anticipate filing in late February or Early March.

MY QUESTION is this- We can either file the K1 in March or we can get Married in April and then

file for the K3

We plan on getting married- but we are not sure which route to go. Previously, it was my understanding that the K1 was quicker than the K3. But after reading yesterdays postings I am not so sure.

Our ultimate goal is to be together- and the quicker the better. Can you tell me- If you were me and

you were filing next month- Which way would you go?? K1 or K3 (as far as the quickest way)

Thanks in advance for your help and Im sure you will be seeing me around here a lot in the near future.

Jill

[YuAndDan 153]

If you are considering K-3, consider the third and better route, just do the CR-1, CR-1 is a true immigrant visa that results in a green-card upon entry to the USA.

The K-Visas require Adjustment of status ($1010) K-3 is not work authorized so has to wait 90 days or more for a work permit. Most states will not issue a drivers license to those who do not have the work permit (EAD) or green-card, so cannot start driving untill at least 90 days after entry.

CR-1 is taking just a bit longer than K-3 for most consulates, compare timelines.

http://www.visajourney.com/timeline/k1list...il&dfile=No (K-3 8-9 mo)

http://www.visajourney.com/timeline/k1list...il&dfile=No (CR-1 9-10 mo)

[pushbrk 12,892]

If you are considering K-3, consider the third and better route, just do the CR-1, CR-1 is a true immigrant visa that results in a green-card upon entry to the USA.

The K-Visas require Adjustment of status ($1010) K-3 is not work authorized so has to wait 90 days or more for a work permit. Most states will not issue a drivers license to those who do not have the work permit (EAD) or green-card, so cannot start driving untill at least 90 days after entry.

CR-1 is taking just a bit longer than K-3 for most consulates, compare timelines.

http://www.visajourney.com/timeline/k1list...il&dfile=No (K-3 8-9 mo)

http://www.visajourney.com/timeline/k1list...il&dfile=No (CR-1 9-10 mo)

The K1 is the best bet for speed from initial filing to visa but can also file it to begin the timeline a couple months sooner, so unless working right away after entry is critical, K1 is the way to to. If the timing isn't all that critical and marriage abroad works for you, I'd also skip the K3 and stick with the CR1.

[*** 0]

Thanks all for your advice. Fast is what we want (yeah, I know .. thats funny, huh-. Like any of this is FAST)

I am sure I will be back in the near future!

Jill

[Chris and Janaina 0]

Hi Jill,

I'm pretty new to all this, so don't take me at my word......I recommend that you check around and verify if what I say is correct. But, I looked into this too, and I discovered two things:

1. The K-1 fiance visa is considered faster than than the K-3 alien relative (spouse) visa.

2. For an American to get married in Brazil, it's not too simple. When I looked into it, it seemed to be that you need to get various documents/permits (medical tests, and so forth), but besides all that, you have to remain in Brazil for more than 30 days.

My conclusion was:

A. Even if I could be in Brazil tomorrow, and even if everything else went perfectly, there's still the additional 30-day delay before the marriage can take place and the application process started, and

B. I'm not in a position to take a month-plus vacation anyway.