K1 or K3 ? What should I do ?

[Steve64 1]

At this point I`m not really sure what Visa I should go with to bring my Fiance to the states with the least amount of red tape or delays. I`d probably go with the K1 but for the following reasons I`m thinking K3 may be better. I could be wrong

1. I`m thinking I will have to file a waiver because this will be my third time submitting a K1. The 1st one was done in 1992 or 93. The marriage never took place nor did the girl ever come to the USA. She had her interview at the embassy scheduled but didnt go to the appointment. The 2nd filing was for my now ex wife in 1996 or 97. That filing went smoothly. no delays. We were legally divorced in 2003. This upcoming filing will be my 3rd. I`m thinking the waiver may cause a long delay. The I-129f states:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver."

2. I`m currently on Social Security disability (SSDI) My yearly income falls about $2000 short of the yearly minimum that is required. because of my disability of my minor daughter also gets a monthly benefit. I`m not sure if I can count her income or not. I am considered her "representative payee" I also have paid off my home 100% and I dont know if that works to my advantage or not as far as filing this petition is concerned. I`d rather not get family members or friends involved with being a "co-sponsor"

3. In 2000 my now ex wife accused me of domestic violence. Went to court and I was found "not guilty" I have copies of the court records to prove this but I`m wondering if this will just cause a delay while they look into the case.

So I ask the fine members of this community, based on my situation above should I go with the K1 fiance or K3 spousal or is there a better option ? Any info you can pass along would be appreciated

[Penguin_ie 5,993]

I don;t think it will matter which one you file. You will need a waiver, but all that entails is writing a letter when you send your petition, explaining what happened and asking for a waiver- it';s not like the waiver you only can file after the interview took place. Since the first fiancee never got the visa and the second one was your wife for 6 years, there should be no issues. Just make sure your current fiancee knows about the past relationships, as she may be asked about it in the interview.

2. Shortfall of income will be an issue for either visa, but the home should more than make up for that, just get a current evaluation and you can use it as an asset.

3. You were found not guilty so there will be no issue with this for either visa.

[Dakine 26]

K3s are currently pretty much dinosaurs. Go with the CR-1 or K1. CR-1 are less paperwork and cheaper. Plus WAY less hassel.