K-1 Questions

[sandiegosoleil 0]

1. I am assuming filing for a K-1 results in faster entry to the US vs. a K-3 or IR1/CR1?

2. I was thinking of having my fiance some visit me the States for the 90 days (he can enter on the Visa Waiver Program with UK passport), and as soon as he arrive, filing the petition. Of course, he would return to the UK after 90 days, but how hard would it be for him to return for a visit? I am assuming immigration would scan his passport and assume he was trying to just stay here. I am simply trying to minimize the time apart (aren't we all?).

3. I am curious as to the success of people filing without a lawyer. Is obtaining legal counsel a must?

Thanks for your thoughts and help!

[defunct 0]

1. I am assuming filing for a K-1 results in faster entry to the US vs. a K-3 or IR1/CR1?

2. I was thinking of having my fiance some visit me the States for the 90 days (he can enter on the Visa Waiver Program with UK passport), and as soon as he arrive, filing the petition. Of course, he would return to the UK after 90 days, but how hard would it be for him to return for a visit? I am assuming immigration would scan his passport and assume he was trying to just stay here. I am simply trying to minimize the time apart (aren't we all?).

3. I am curious as to the success of people filing without a lawyer. Is obtaining legal counsel a must?

Thanks for your thoughts and help!

1. K1 is typically a little faster - check the "Immigration Timelines" link at the top of the page for numbers and graphs.

2. The CBP officer at the POE will have no knowledge of a pending petition. Your fiance should not volunteer information, but if asked, should not lie - so he should bring evidence of ties to convince the CBP officer that he does intend to return.

3. Obtaining legal counsel is definitely not necessary, especially if your case is straight-forward. If you are dealing with overcoming overstays or criminal records, then you may want to seek legal advise. If you're just filling out the paperwork, then read the USCIS instructions carefully, check the guides and example forms, and ask questions here if there is something specific that you cannot find an answer for.

Edited March 17, 2009 by eyoa

[Gary and Alla 3,694]

1. I am assuming filing for a K-1 results in faster entry to the US vs. a K-3 or IR1/CR1?

2. I was thinking of having my fiance some visit me the States for the 90 days (he can enter on the Visa Waiver Program with UK passport), and as soon as he arrive, filing the petition. Of course, he would return to the UK after 90 days, but how hard would it be for him to return for a visit? I am assuming immigration would scan his passport and assume he was trying to just stay here. I am simply trying to minimize the time apart (aren't we all?).

3. I am curious as to the success of people filing without a lawyer. Is obtaining legal counsel a must?

Thanks for your thoughts and help!

1. Normally yes, but there is more to do afterward. Not such a big deal though.

2. Usually no problem. Just bring plenty of evidence he will return. Property lease, check stubs etc.

3. The success rate for people who qualify and complete the forms and provide all the documents is 100% No attorney needed. Attorneys have none of your documents or the information to fill out the forms unless you give it to them and then, guess what? You could do it yourself!

[Marty J 0]

1. I am assuming filing for a K-1 results in faster entry to the US vs. a K-3 or IR1/CR1?

K-1 is usually a bit faster, but the K-3 has the advantage that you're a permanent resident as soon as you arrive. You don't have to adjust your status.

2. I was thinking of having my fiance some visit me the States for the 90 days (he can enter on the Visa Waiver Program with UK passport), and as soon as he arrive, filing the petition. Of course, he would return to the UK after 90 days, but how hard would it be for him to return for a visit? I am assuming immigration would scan his passport and assume he was trying to just stay here. I am simply trying to minimize the time apart (aren't we all?).

He would be well advised to bring lots of supporting evidence of his ties to back home with him incase he's challenged on any return trips. As to whether he'll get in or not, well, most people do, but it'll be up to the POE officer.

3. I am curious as to the success of people filing without a lawyer. Is obtaining legal counsel a must?

As noted above, if your case is straight forward, it's really not necessary. If you can read and write, you can file for a K-1.

It's bad enough trying to keep track of what's going on with the USCIS/DoS without having to keep an eye on a lawyer too!

[TBoneTX 46,314]

The success rate for people who qualify and complete the forms and provide all the documents is 100%

Please cite your objective source for this statistic.

[Kathryn41 3,205]

1. I am assuming filing for a K-1 results in faster entry to the US vs. a K-3 or IR1/CR1?

K-1 is usually a bit faster, but the K-3 has the advantage that you're a permanent resident as soon as you arrive. You don't have to adjust your status.

This is wrong. A K-3 also has to file to adjust status. It is a CR-1 that is a permanent resident upon activating the visa.