Fiance Visa K1 or Marriage Visa I 130 or K3

[ashokbangia 0]

I am a Canadian Citizen, engaged to a US citizen (a US citizen by birth) .

We wish to get married ASAP to move to US.

I believe we can do that 3 ways:

1/ US citizen fiance can file a K1 Fiancee Visa I- 129 F and I wait out here in Canada till approved.

Maybe 5 months- I believe, is that correct?

My question is: Can I travel to the US while this K1 is being processed?

or 2/I can go to US on a visit- being a Canadian I can visit (is 6 months the staying limit-I am not sure) and then get married there and US citizen spouse files an I- 130. The processing time seems same at 5 months.

or 3/ My US citizen fiance comes to Canada and we get married

What form sare tehn needed to be submitted?

My question_Which option is safe- and can I travel-while case is being processed in each case

What is a better faster and safer option?

Main requirement is that I should be able to travel under these 3 options - between Canada and USA during this approval period

Please advise the best course, thanks very much

I am not clear about difference of K1 and K3 visa

[Jauque 1]

1) K1 Visa - This is the fastest option. You can travel to the US and visit while you are waiting for the processing to complete.

2) This option is considered immigration fraud. Visiting the US with the intent to marry and adjust status is illegal.

3) CR1 would be the route that you would want to take here (K3 takes much longer and doesn't have as many benefits as the CR1).

Click on guides at the top of the page and theres a spot that outlines the differences between all the visa's and will help you pick which one is best for you.

Good luck!

Edit : The difference between the K1 and the K3/CR1 is that K1 is for a fiance, CR1/K3 is for a spouse.

Edited August 19, 2009 by Jauque

[canadian_wife 1,826]

1. You can file the K-1 today if you like, therefore it is faster if you think about it that way. Processing it is slightly faster than a spousal visa (but more expensive). Yes you may visit, but entrance is not guarenteed. Bring strong ties to Canada. Check the guildes for what paperwork to file

2. This is only illegal if you marry and stay. You may marry and leave the country, back to Canada, and wait for the visa.

Yes you can visit, it is not guarenteed. Bring STRONG ties to Canada. Again, read the guides for what paperwork to file

The only difference between 2 and 3 is the locaiton of your marriage. Regardless of where you get married, the paperwork is the same for a Cr-1. Don't go for the K-3. It is basically an obsolete visa and, when I filed, were being processed 6-8 weeks after Cr-1.

The main difference between K-1 and K-3 is that K-1 is for a fiance, K-3 is obsolete and for a spouse, read the guildes

Safer? Well, neither option is going to get your killed but safer traveling? Either one you will have to being ties to Canada to show you do not intend to violate any immigration laws by entering as a tourist and trying to adjust status.

For both visas, plan on 6 - 8 months. Montreal is s-l-o-w when it comes to scheduling interviews.

Good luck.