Dilemna between K1 and K3

[Moonskin 0]

Ok, here we go again as it is probably better that i start a new topic if I want more appropriate answers.

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Hello,

As you have noticed, I am new here and like most of us, I am seeking for answers.

Here is my situation :

I met my fiancé online a lil bit more than 2 years ago (yes me too, hehe), till we fall in love in March last year. We didnt know at the time if we would ever have a chance, and things going as they were, my boyfriend joined the military and is now in the Air Force since July 2008. After 9 long months of waiting, he finally managed to visit me in Dec.-Jan. and we had a wonderful time. Though now, we cannot bear to be apart anymore.

Now it is my turn to go visit and I have planned to go in May for 3 weeks. What we intended to do was to make a civil union within that time period so that he is granted the permission to live off the base (he is in McGuire AFB, NJ), which is not possible before a year if he is not married (I know, lalala this is so complicated). However, I do NOT intend to stay in the US after this union, I have university exams awaiting for me after my stay in the US, and also my summer job. Both which I cant avoid.

Unfortunatelly, I have found only recently about how much complicated are the conditions to marry a US citizen and be able to stay in the US and now I dont know what to do anymore. Basically I have 2 options :

( a )

- come visit on my VWP time in May, marry him and come back to France as scheduled so that I can deal with all that I have to do here.

- ask for a K3 spouse visa asap (and hope it takes less than 6 months) so that I can come back later to the US with it and then actually ask to stay.

=> But then I do not know if it will be possible or easy to come for short visit while I'm waiting on the K3, how long the process would take (and if we can ask for a military expedit) and all that.

( b )

- ask for a K1 fiancée visa asap and pray for it to be delivered quickly

- come visit in May and do not make any union

- come back and marry him after I obtain my K1 visa.

So here is my dilemna,

- if I take the option of the K1 visa I know my bf wont be able to move out of base so we wont have a place to stay the times I come visit, and both of us are really broke so idk how we could afford to pay the hotel and stuff (cuz I'm not allowed to stay at the dorm but for like a week-end ofc). The other thing is that I dont know when my bf will be deployed and unfortunatelly that may happen when I finally obtain my K1 visa or shortly after. That would be a problem considering after i get married on a K1 visa I need to stay in the US and ask for an AOS and would probably not have it before he gets deployed.

- if I take the option of the K3 visa, he will be able to move out the base (and just as I am writting he received an email saying he got approval for an apartment) and save some money, thought that -same as if K1 option- I would not be able to stay : 1. I dont wanna do visa fraud 2. I need to return in France cuz I'm not done with my stuff before a few months. However, this option seems to be a bit more risky so I dont know what to do.

I know my fiancé would prefer to go the K3 visa way, and tbh he is really much more confident than I am. As for myself, I am really lost and idk what choice to take (cuz in both cases i gotta come back in France anyways) and I dont wanna disappoint him or ruin our projects. I really cant stand being apart anymore and you all know what I mean, and all of that would not be any problem if it wasnt a matter of money (then paying the plane tickets and hotel would be np to do a few times more), but as usual, it is.

So I hope that anyone of you here can provide me interesting info or help cuz I'm really really lost and I need to make a decision quite soon.

Thanks in advance.

[Bobby+Umit 161]

I would say K-3.

Then you would be married.

He can get benefits for being married and setup a place for you two to stay.

Then you can continue your studies, and meet back up with him when you can (after the approval of the K-3)

You can visit on the VWP, marry, then go back to France, while sending in the paperwork, nothing illegal about that.

[Moonskin 0]

Would it be possible to visit him on VWP for a few weeks while the K3 process is being done and before I get it ? I know it can be possible while waiting for the K1 (under some conditions) but no clue abt doing it while waiting for the K3.

*sigh* I really wish it wasnt so complicated and so much paper work.

Thx for the answer though.

[Bobby+Umit 161]

Would it be possible to visit him on VWP for a few weeks while the K3 process is being done and before I get it ? I know it can be possible while waiting for the K1 (under some conditions) but no clue abt doing it while waiting for the K3.

*sigh* I really wish it wasnt so complicated and so much paper work.

Thx for the answer though.

Yes, it's possible. You will just have to show "strong ties" back to your home country. My Fiancee has visited me after we applied for the K-1, and had no issues.

It really isn't that complicated, just follow the instructions, double check everything, and relax. Thousands have done it, and thousands will be coming...

[Danu 19]

I believe in either case as long as you can show strong ties to france (your school registrations, notice from your summer boss that you are expected back etc) that it shouldnt be an issue.

[Moonskin 0]

I'm just like everyone and hoping it won't take ages to get everything completed. From what I have seen the K3 as well as the K1 process takes like 6 months and I really would like to be able to be back in the US under K3 for the end of the year without having to worry abt it.

Can we start the K3 process right after the wedding or do we have to wait that I'm back in France ? (or wait a certain amout of time ?)

I know I'm asking a lot of questions but since when I call the authorities I only have phone messageries, I'm trying to find answers the best way I can.

[elmcitymaven 9,712]

Just a bit of advice here -- the CR1 visa is a far superior visa to go for if you're married. You can work right away, you don't have to adjust status and is cheaper overall. K3's aren't much (if at all) faster than CR1's these days, particularly for straightforward consulates like Paris.

And yes, you can apply straight away as long as you have all of your required pieces of paperwork. It may take a few days (or more) to obtain a copy of your marriage certificate depending on where the wedding takes place, so you will need to factor in time for that. You do not need to be back in France when you send the paperwork off.

[Moonskin 0]

Thx for the reply.

Yeah I've been wondering abt the CR1 too ofc, I guess I'll discuss that with my hunny. He tried to call the Immigration Services to ask for infos on petitions bu omg the woman was just not helpful at all and not very nice, bleh.

And I'd have abt 2 weeks before I come back to France. I gotta be back for the last week of May, have things to set up for my job 1 week before I actually start it.

[Moonskin 0]

Hum, I'm getting lost again, I have read a few times that K3 (or CR1) was ok after being married in the US and now I am told it's not possible.

All of that is very confusing to me...

[Bobby+Umit 161]

Hum, I'm getting lost again, I have read a few times that K3 (or CR1) was ok after being married in the US and now I am told it's not possible.

All of that is very confusing to me...

You can get married in the US, she goes back home, then you apply for the visa - no problem.

Who told you it wasn't possible? (K-1 Fiancee visa is the only one that you can't get married prior to filing)

[Moonskin 0]

Hm, s/o else here, but nvm. I have been reading a few times that K3 was made for ppl who marry abroad the US, as well as I have read a few times abt ppl getting married in the US... As I said, this is confusing. I have checked the guides, but they dont say anything abt where the marriage has to take place for a K3 or a CR1, or I never read the right lines.

And unless my bf gets the right to move off base if I'm just a fiancée (which I doubt since they have their own rules) then K1 is no longer an option. Otherwise I'd have followed that way. Considering our situation, prob gonna be the K3 / CR1 though that we still need to discuss.

You can get married in the US, she goes back home, then you apply for the visa - no problem.

Who told you it wasn't possible? (K-1 Fiancee visa is the only one that you can't get married prior to filing)

[baron555 934]

Yes, your information is very confusing, but let me maybe for the other experiences folks here on VJ to comment, try to summarize:

Your BF is the USC (US Citizen). You are the foreign woman. You are here in the US on a VWP visa.

You are asking? Should you two marry here in the US and then what are your avenues to have you immigrate to the US?

Or Should you leave the US prior to marrying and then do the K-1 Visa?

So folks, she's here on a VWP and wants to eventually or as expeditiously marry her US SO and immigrate. What are her options and which will get her here ASAP?

[Moonskin 0]

Yes, your information is very confusing, but let me maybe for the other experiences folks here on VJ to comment, try to summarize:

Your BF is the USC (US Citizen). You are the foreign woman. You are here in the US on a VWP visa.

You are asking? Should you two marry here in the US and then what are your avenues to have you immigrate to the US?

Or Should you leave the US prior to marrying and then do the K-1 Visa?

So folks, she's here on a VWP and wants to eventually or as expeditiously marry her US SO and immigrate. What are her options and which will get her here ASAP?

Hello,

I have explained in my 1st post. And yes, our case in complicated cuz of my bf being bounded to military rules too. I'm not in the US yet, I will come visit in May but I am able to stay only 3 weeks cuz then work and exams waiting for me for summer.

( a ) : K1 way

- apply for K1 asap

- come visit but wont have a place to stay cuz if my bf is not under married statues = not allowed to move off base, and aswell I'm not allowed to stay there.

- come back to France and deal with work and exams + wait for K1 to be approved

- prob visit 1 more time (same pb for place)

- finally have K1 approved but then bf may be deployed shortly after marriage, which means I'd have to stay in the US alone and without a job, waiting for my green card or AP.

( b ) : K3 / CR1 way

- visit and get married with a place to stay

- come back to France and apply for K3 / CR1 asap

- take care of my stuff in France and may visit 1 more time, waiting on K3 approval

- getting in the US or not depending on deployment orders and the I130 processing (being allowed to work or not)

Is it clearer ? I know I'm a special and complicated case here... sowwy.

[pushbrk 12,889]

Yes, your information is very confusing, but let me maybe for the other experiences folks here on VJ to comment, try to summarize:

Your BF is the USC (US Citizen). You are the foreign woman. You are here in the US on a VWP visa.

You are asking? Should you two marry here in the US and then what are your avenues to have you immigrate to the US?

Or Should you leave the US prior to marrying and then do the K-1 Visa?

So folks, she's here on a VWP and wants to eventually or as expeditiously marry her US SO and immigrate. What are her options and which will get her here ASAP?

Follow the CR1 guide. K3 is dead.

[Krikit 1,164]

n/m. I see the OP responded while I was posting.

Edited April 1, 2009 by Krikit