K-1 vs K-3, which is best

[Chamy and Gatita 3]

Saludos Amigos~

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. THanks everyone, have an awesome day!

Kathie

[djaedi 0]

WOW the million dollar question. They both have their pros and cons however it seems from the historical data here and on other sites as well as the K1 visa is much faster to get. First of all it is a temporary visitor Visa specifically for the fiancee to marry and then apply for permanent residence status. Once you are married in the US then your fiancee may remain in the US through the rest of the permanent residence process. I chose the K1 Visa for this reason and it has proven true to be much faster than a K3.

K3 visa is basically you being a US citizen applying for your family member to come to the US. There is a different allotment of numbers given for relatives than for temporary visitors. I am sure there are many that have applied for K3 visas and gotten them approved quickly but I have been watching the current trend on both types and I believe the K1 Visa is a much faster process. I have a friend who has a K3 visa in the works now for 8 months. Maybe its just his case but we applied at the same time. Good luck in your decision I hope this helps.

WOW the million dollar question. They both have their pros and cons however it seems from the historical data here and on other sites as well as the K1 visa is much faster to get. First of all it is a temporary visitor Visa specifically for the fiancee to marry and then apply for permanent residence status. Once you are married in the US then your fiancee may remain in the US through the rest of the permanent residence process. I chose the K1 Visa for this reason and it has proven true to be much faster than a K3.

K3 visa is basically you being a US citizen applying for your family member to come to the US. There is a different allotment of numbers given for relatives than for temporary visitors. I am sure there are many that have applied for K3 visas and gotten them approved quickly but I have been watching the current trend on both types and I believe the K1 Visa is a much faster process. I have a friend who has a K3 visa in the works now for 8 months. Maybe its just his case but we applied at the same time. Good luck in your decision I hope this helps.

Oops I meant we applied through the same processing center VSC. Not at the same time.

[KimandRuss 0]

It's hard to say which would be best for you in your situation. I believe K1's are faster but each center works at a different pace so it will depend where you file.

You may want to have a look on the timelines and guides up above to get an idea of processing times for each based on where your petition will go.

I can't advise you on your concern for the length of your relationship causing a problem as each consulate is different (check the regional forums) but I will say that you are required to prove you have met in person in the last two years. You have done that. By the time you get to the interview stage it will have been longer and you will have more proof of your relationship if asked.

It is my personal opinion that a lawyer is not needed for this process. The VJ website, guides, example forms and it's posters are a wealth of updated information.

goodluck

[malego77 2]

I tramited a K1 visa because it is faster than K3, but in that time, I didn't know that I know now about restrictions to travel in K1 visa (especially). I think that you would have little troubles to show that you meet the past 2 years, it's the the "weak point" for chose a K1 visa. Mine took 8 months since we filed until I came to US, I've read that K3 takes 1 year in average.

Good luck

[minnietheminx 0]

The added advantage is that you can start the K1 process RIGHT NOW, whereas with K3 you will have to wait until you are married thus saving even more time.

[Chamy and Gatita 3]

The added advantage is that you can start the K1 process RIGHT NOW, whereas with K3 you will have to wait until you are married thus saving even more time.

Thanks everybody, this is really helpful!!!!

I seem to be getting the same answer from everyone here- to go for the K-1.

thank you thank you thank you!

[웃 910]

Everything you need to know is on this website. Here is the link:

http://www.visajourney.com/forums/index.ph...mp;page=compare