K3 vs. K1

[Thee_Rak 0]

Okay we have just returned the packet 3 stuff to the embassy (K1 Filing) and talking with my fiancee today someone she knows was giving her a hard time about why we did a K1 and not a K3. Basically this person was suggesting that it will take a long time to get a green-card on a K1 and that there's a good chance that all I (the USC) want to do is bring her here for a "test run" and if we don't like each other I'm going to "send her back".

Here's my thinking... first - there are far too many marriage brokers in Thailand!!!! Second - this other person has a friend who has had a bad experience on a K1 (states it's taken more than 10 years and they don't have a green-card yet).

Here's our situation and you tell me if I'm right in my thinking okay....

I live and work in America. I met her while on vacation (I don't travel to Thailand for long stints for work or anything). We stayed in touch and then took two vacations together and got real serious about each other.

If I were living in Thailand we would have gotten married and filed for K3 (because we'd have been together the whole time) but since I live in America I filed for a K1 instead of going there just to get married and then coming back to America to file a K3. We would still be apart and as I understand it we would have been apart for even longer because a K3 looks like it takes about 3 months longer, on average, to process.

After arrival in the US and the filing of AOS there doesn't seem to be any difference in the process... am I missing something? As long as you don't mess up the paperwork there's no reason it should take any longer to get permanent residence after your POE on a K1 or a K3 right???

[Jamaicagyaldat 1]

Yes you are correct! However, my brother in laws green card was delayed 1 year. He was under the FBI name check. This is supposedly a random process, but who knows! 1 year after he should have received his green card he finally got it! He had to pay them for Advance Parole to go visit his family and when he returned from seeing them his green card had arrived. (Some could say the timing was a bit of a money making deal! ) Either way, this is the one delay I do see occuring with a green card. He originally filed under a K1. On the flip side of things my husband came in on a K1 and we received his green card 2 weeks after our interview for adjustment of status.

The main difference in my opinion between a K3 and K1 is that with a K3 the spouse waits in their home country and the USC in theirs while all the paperwork is taken care of. You WAIT APART. However, when all is complete and approved the beneficiary is ready to go. They can get a job immediately and have all the rights of a resident of the US. The K1 visa lets the fiance come to your country while you file the paperwork and WAIT together. The beneficiary can not work immediately, unless they acquired a work permit at POE, and must pay an additional fee to obtain a work permit which takes up to 90 days after marriage. You continue to wait and file for adjustment of status after marriage and some have an interview and some don't. This then approves the conditional green card and you move forward. Hoping that you get the conditional green card sooner rather than later. You then wait 2 additional years for the conditional to be removed and for the Permanent Residency to be real and permanent!! : )

I hope that helps you out! I think that the K1 is the way to go because who wants to waste time being apart!

[Thee_Rak 0]

So let me understand this... on a K3 you are given an unconditional permanent residency "green card" upon arrival? And with a K1 you get a "conditional" permanent residecny green card after your AOS is approved?

With an unconditional you can travel out of the country without filing for advance parole???

Don't get me wrong... I'm not thinking about going there and getting married and starting the whole process over again on a K3. I only wanted to understand the differences.

[payxibka 10,047]

So let me understand this... on a K3 you are given an unconditional permanent residency "green card" upon arrival? And with a K1 you get a "conditional" permanent residecny green card after your AOS is approved?

With an unconditional you can travel out of the country without filing for advance parole???

Don't get me wrong... I'm not thinking about going there and getting married and starting the whole process over again on a K3. I only wanted to understand the differences.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

Neither K-1 or K-3 results in a green card until after you file for Adjustment of Status (Form I-485). The determining factor for a conditional greencard is the length of the marriage upon granting of permanent status.

As for travel a greencard is a greencard (regardless of conditions).

[Delicia 1]

Let me try my hand at clarifying:

K-1: Use for fiances to enter the U.S. to get married (cannot be used for spouses). It's a one time entry visa and requires Adjustment of Status (AOS) after marriage which results in a conditional 2 year green card and work authorization.

K-3: Used for spouses and is multi-entry. After AOS, can result in 2 year conditional GC or 10 year unconditional based upon lenght of marriage. Requires AOS to get GC and EAD for work authorization.

CR-1: Used for spouses with marriages less than 2 years. Results in 2 year conditional GC but doesn't require work authorization.

IR-1: Used for spouses with marriages over 2 years. Results in 10 unconditional GC and no additional AOS requirements.

Did I get that right?

[pushbrk 13,090]

Let me try my hand at clarifying:

K-1: Use for fiances to enter the U.S. to get married (cannot be used for spouses). It's a one time entry visa and requires Adjustment of Status (AOS) after marriage which results in a conditional 2 year green card and work authorization.

K-3: Used for spouses and is multi-entry. After AOS, can result in 2 year conditional GC or 10 year unconditional based upon lenght of marriage. Requires AOS to get GC and EAD for work authorization.

CR-1: Used for spouses with marriages less than 2 years. Results in 2 year conditional GC but doesn't require work authorization.

IR-1: Used for spouses with marriages over 2 years. Results in 10 unconditional GC and no additional AOS requirements.

Did I get that right?

Yes. I think the OP's mystery critic might have confused the K3 with the CR1. In any event AOS is AOS, whether K1 or K3.

For most people there are more considerations than, "Which visa gets them here faster?" to which the answer is consistently, "K1". Cultural and family considerations are among the other factors that can be key. Both those influenced our decision to marry abroad.