Still not sure what to do... K1 or K3 any advice?

[daniel67 0]

hi all

im sure this was posted before but i want to be 100% sure what im doing!

my fiancee is in serbia and im going to file for K1 visa.

But someone told me K3 is faster! Is it true?

I know K3 cost more and is more complicated but if it is faster then i would do that.

thank u in advance

[Ed+Cindy 1]

hi all

im sure this was posted before but i want to be 100% sure what im doing!

my fiancee is in serbia and im going to file for K1 visa.

But someone told me K3 is faster! Is it true?

I know K3 cost more and is more complicated but if it is faster then i would do that.

thank u in advance

I think the K-3 is a stupid visa (IMO). Either go K-1 or CR-1.

K-3 has no real benefit these days. It only made sense back when CR-1 visas were taking years.

Read the guides.

[Ovi 0]

it is generally the other way around. K-1 seems to be faster and more expensive because you have to pay more fees to the government.

K-1 fee: $455

Interview at embassy: $131

AOS: about $1000

Right now K-1 is averaging around 6 months or so.

best of luck

[YuAndDan 153]

K-3 is NOT faster than a K-1.

You need to first marry to file for the Spousal visa.

K-3 also need I-130 filed first for (CR-1) adding weeks while waiting for it's NOA1 letter before you could file the OPTIONAL I-129F to start the optional K-3 process.

Note it you are in the deciding mode, do some research, USCIS has all but eliminated the reason the K-3 exists. K-3 was developed at a time when it was taking a LONG time to approve the I-130 for a spousal visa, K-3 allowed spouse to enter the USA and wait for I-130 approval before they could them move on and interview for a spousal visa or adjust status. Since USCIS has been tieing the I-129F and I-130 together for K-3 and approving them at the same time, this eliminates the whole reason for K-3 (Entry and waiting for I-130 approval). FORGET the K-3, you can get a CR1 spousal visa in just about the same time as K-3.

K-1:

($100 more than K-3) ($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[daniel67 0]

thank u guys

[*Snowdrop* 604]

I agree that the CR1 is better than the K3. But the K1 may be faster than the CR1.

It depends whether speed or money is your concern. HOWEVER bear in mind that each case is different and unique so some people on a K1 take much longer than others and the same with CR1.

http://www.ehow.com/how_5047109_choose-mar...e-visa-usa.html

Edited May 31, 2009 by lsma

[Gary and Alla 3,694]

hi all

im sure this was posted before but i want to be 100% sure what im doing!

my fiancee is in serbia and im going to file for K1 visa.

But someone told me K3 is faster! Is it true?

I know K3 cost more and is more complicated but if it is faster then i would do that.

thank u in advance

The decision should not be based on speed or cost. The decision should be based on what is best for your circumstance. I live close to the Canadian border, for example. If I had a fiancee in Montreal, the K-1 would be a stupid choice for us because she already can visit anytime and would be unable to visit her family one hour drive away during the AOS process. That would be really dumb. The multiple entry K-3 or, better, the CR-1 would be my choice in that case.

For a fiancee in Europe and if she has no need to work shortly after arriving, the K-1 is fine. It is doubtlful she would be able to or want to return for a visit before the AOS was completed as it is expensive to travel. If she needed to work because of financial considerations right away, then the CR-1 would be better for her. Consider all the options, all your needs. How fast and how much should not be the determining factors, you will be disappointed at some point if they are.

[*Snowdrop* 604]

Well I am the European partner in our relationship and we did take speed and money into account. For example the K1 would most likely have been quicker for us but I didn't want to risk not being able to return to the UK for three months after entry.

(So far I have been back twice in 5 months so I'm glad we did the CR1)

By money I mean more than just the cost of the visa I mean include the money of not being able to take a job for a while under the K1

But I agree Gary, it's not just those two issues and it all depends on your own relationship and circumstances.

[Gary and Alla 3,694]

Well I am the European partner in our relationship and we did take speed and money into account. For example the K1 would most likely have been quicker for us but I didn't want to risk not being able to return to the UK for three months after entry.

(So far I have been back twice in 5 months so I'm glad we did the CR1)

By money I mean more than just the cost of the visa I mean include the money of not being able to take a job for a while under the K1

But I agree Gary, it's not just those two issues and it all depends on your own relationship and circumstances.

well, exactly. On a CR-1 a foreign partner can continue to work at their job until they leave and begin to work in the USA on arrival, so you do not have the downtime from work. I suppose that is a money consideration. I meant the cost of the visa, though. So in your case you did consider the "big picture" not just "How fast can I get there". I guess that is my advice, the petitioner and his SO need to consider the whole relationship, their goals and desires and financial needs and see which visa fits best.

Sounds like you made a wise decision. Good luck