PLEASE HELP! Which way to go? K1 OR K3?

[Varekaii03 0]

Hi Everyone,

First off, let me thank the moderators for creating this message forum. As I am sure that it has been a big help to everyone and will be a big help to me! Wish I would have found it sooner.

Here is my question? Which would be better? To have my German fiance come to the states (with her provided European Union tourist visa), wed here, and then file the papers? Or, would it be better to file for the K1 visa and take it from there?

If we do the K1, get married within the 90 days, will she have to leave after the ninety days and the case is still processing? What about if we did it the Tourist visa way?

Basically, I what I am getting to, is what is the best way to have her in the states without any interruption if possible?

Thanks for any advice to be offered! ;-) I will also crosspost this in the K3 section as well.

Patrick

[TracyTN 237]

I'm not sure she'd be able to get a tourist visa if she revealed that her intent was to come here and marry you, but she could try. It is legal to do so. If she could prove to them that she would return to Germany after the wedding, then they may likely approve it.

As I believe Germany is a Visa Waiver Program participant, she could enter visa free (just on her German passport) with permission to stay for 90 days. She would be asked at POE what was the purpose for her visit. If she said 'to get married', it would be quite likely that they would turn her away (as it would appear she has strong immigrant intent). If she said 'just to visit', but then married you and stayed, then that is misrepresentation and fraudulent. So if you two really want to marry here, you have to decide which of these options makes the most sense for you.

If you do go the K1 route, your fiancee would get here and have 90 days in which to marry you. After that, she will have to remain in the US until she receives travel permission (called Advanced parole), which is part of the adjustment of status process.

Read the guides section of this site for the best information on all your options.

And I'm sorry, but there's not really anyway to go without some kind of separation. None of us like it, but sometimes that's the breaks of an LDR!

[mystery 0]

First of all welcome to VJ.

I think you should first read the guide so you can fully understand what a K-1 and a K-3 is....

K-1 you apply and in aprox 6 months, if approved, she will get the VISA and then you have 90 days from the day she enters the US to get married.

K-3 you get married overseas. Then you apply for K-3 so she can come the the US as your wife.

You could also get married here in the US on her Toursit Visa and then apply for AOS.....but I am not too familiar with that process and the legal ramifications associated with it....Perhaps someone else can shine more info on that for you....

But read and search and you will most likely find your answer since its been asked many times b4.

Good luck