K-3 immigration is a better option?

[Lakontis 0]

I will be marrying my love from US so we can live together in Texas (I am in Canada). We were thinking of doing the K-1 visa process but that might take almost a whole year before we can marry. I have quite a bit of money, and I can live in US with her for 180 days as Canadian visitor. So I I thought of another option, I am just not sure if it will work or if it's even legal. Notice that the preference of being with her soon is very important to me, we have been waiting for quite a while already.

First option:

1) File I-129F

2) After a couple of months go to live with her for 180 days (just a bit less than it takes for the petition and K-1 visa)

3) When the interview for K-1 is about to be ready, go back to Canada and receive the visa

4) Go back to US and finally marry

Second option:

1) Fly to US and marry (I won't lie to an officer, I will tell him that I am going to US with intention to marry, then apply for K-3 visa, thought I don't know if they will let me through then)

2) File I-130 and I-129F (I am not sure if the I-129F would be needed in this case)

3) Get K-3 visa??

4) Apply for AOS

[YuAndDan 153]

This is like a broken record!

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 then 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.

Also you cannot start a K-1 as switch to K-3 or CR-1. If you marry while I-129F (K1) is in process, you will abandon the petition along with the $455 paid and be starting over this time filing an I-130 and paying $355 for a spousal visa.

Edited May 22, 2009 by YuAndDan

[Lakontis 0]

Will they let me through the border if I tell them I am intending to marry a US citizen but have not filed any petitions yet?

If yes, will I have to go back to Canada at some point to finish the CR-1 immigration process?

[YuAndDan 153]

Will they let me through the border if I tell them I am intending to marry a US citizen but have not filed any petitions yet?

If yes, will I have to go back to Canada at some point to finish the CR-1 immigration process?

Maybe or maybe not.

Read: http://www.visajourney.com/news/2008/09/14...-us-visa-rules/

You can enter the USA to "visit" and then marry, file the I-130 and return home before period of stay expires.

You can visit while petition is in process, but may need to provide good evidence that will not overstay the visit.

Edited May 22, 2009 by YuAndDan

[Moosker 7]

I'd say skip the fiancee visa and do the CR1 if you plan on just getting it all over with! K3 and CR1 and pretty much the exact same timelines...

[pushbrk 12,910]

Will they let me through the border if I tell them I am intending to marry a US citizen but have not filed any petitions yet?

If yes, will I have to go back to Canada at some point to finish the CR-1 immigration process?

Marrying isn't a problem. Trying to immigrate based on the marriage is where you run into problems. Since marrying is no problem, you need not mention such specifics when asked the purpose of your visit. If you're staying 180 days, the wedding is less than 1/180th of the purpose of your visit. So keep it to yourself, just like you would any specific intentions you have for the wedding night. Just don't overstay or try to adjust status. Use the appropriate visa process. K3 is not it. CR1 is.