K1 or K3?

[Ms.Dawn 0]

Hello there,

I made a trip to America in early August to meet my boyfriend whom I met online in Feb 2009. I stayed there for a week, get to meet his family, and had a really great time together. I know this is crazy and it seems like everything is abrupt... but when I was there he proposed and told me he wants us to be together as a couple...

My Fiance and I are discussing how we are going to be together and it doesn't matter to us who will move to where, either he moves to HK or I move to the US. All that matters is we are together. But still it seems very hard to decide which is easiest way to do for us to be together-- so we have 2 options.

Option No 1. We apply for a K1 visa and we get married in the US. Going this route I will have permission to enter the country with the intent of marriage, my permanent resident status should go smoother... BUT it will take forever and we not sure if it will get approved or denied.

Option No 2. My soon to be hubby wants quit his job and stay in HK and get married here. If we do this option and we both decide to move to America, this means (say we are already married) I wouldn't need to apply for a K1 visa. But instead I have to apply for a K3. According to what I have read online k1 and k3 visa processing are very similar AND it will still take us forever and yet again there is no assurance of getting the visa approved.

I have been approved of a tourist visa with 10 years multiple entry in the US. I am aware that there is a maximum (Less than a year) stay in the US. The only advantage of having a 10 yr multiple entry is that you don't need to apply for a visa to go to the US every time you want to visit.

Here is my question ...

Since I have already been given a B2 tourist visa with a 10 year multiple entry, say if we did option no. 2 and got married in HK but decided to move to America, would it be OK to enter the US with him on a tourist visa and then apply for AoS and work permit while I am staying in the US? Would they allow me to extend my stay while waiting for my visa?

PS:

I am a Phil. Passport holder but I am born in Hong Kong and a permanent resident.

I am a Filipina, never been married, no kids, very young (22 yrs old, (My BF is 29)) and have a good Job in HK... and yeah I am ready to leave all that just to be with me soon to be hubby incase we decide to move to the US (what love can do eh? haha ) We are clearly in love with each other so marriage fraud is way out of the picture.

[Stephen + Elisha 92]

First of all, K3 has become increasingly irrelevant as IR-1/CR-1 processing times have come down considerably and are generally not much longer than the K3 processing time.

Second, regardless of whether you marry in HK or the US, you cannot enter on a tourist visa and then adjust status. When you enter on that tourist visa, you are certifying that you do not intend to stay in the US. If you enter with the intent of adjusting status, you are committing immigration fraud. This can lead to a lifetime ban from entry to the US.

Depending on how long your fiance intends to reside in HK, you might be eligible for direct consular filing (DCF) of an I-130 for CR-1 after you marry. DCF is by far the best option if it's available to you: it's fastest, cheapest, and results in a green card immediately—no adjustment of status required.

[Ms.Dawn 0]

First of all, K3 has become increasingly irrelevant as IR-1/CR-1 processing times have come down considerably and are generally not much longer than the K3 processing time.

Second, regardless of whether you marry in HK or the US, you cannot enter on a tourist visa and then adjust status. When you enter on that tourist visa, you are certifying that you do not intend to stay in the US. If you enter with the intent of adjusting status, you are committing immigration fraud. This can lead to a lifetime ban from entry to the US.

Depending on how long your fiance intends to reside in HK, you might be eligible for direct consular filing (DCF) of an I-130 for CR-1 after you marry. DCF is by far the best option if it's available to you: it's fastest, cheapest, and results in a green card immediately—no adjustment of status required.

Hi Stephen + Elisha

Thank you so much for your comment.

In regards to my question, I understand adjusting of status directly in the US on a tourist visa will be considered as immig. fraud. I do not want to get banned from entry to the US! I just want to be with my Fiance... We both we want to be residence in HK and US so it won't be hard for us to decide where to settle down.

I have just read about DCF online and I think this is the best solution!! Thanks very much for letting me know...I didn't know there can be an option like this..

I have some questions though hope you can help me out...

- There are 2 types of visa for spouses in HK:

1. Dependent visa - I will be the sponsor for my husband, meaning his visa will be dependent on me. This visa is conditional but He will be able to work and allowed to reside here until he gets his permanent residency after 7 years.

2. Hong Kong permanent resident - After 7 years of dependent visa he will be able to apply for Hong Kong permanent residency. He will be a HK ID card holder saying he has the right of abode in HK.

Would he be able to do DCF if he is on dependent visa? or does he need to be a Permanent Hong Kong resident before he can do the DCF? if he needs to be a permanent resident then it would take 7 long years... but then atleast we are together

Thanks very much.

[Bluerose001 4]

Hi Ms. Dawn,

Its a case to case basis but from my experience, K1 was pretty easy, got approved less than 2 months (one of the fastest here).

Although I did see some similarities in our case, both of us are B2 holder, visited our bfs before filing for K1 (or K3 in your case). I even spent Christmas with his folks and bonded with them. So when it was time for us to file for K1, we sent pics showing me with his parents and him with my parents (when he visited me in the Phils). I guess USCIS got impressed as we didn't get RFE and got approved fast.

I could have moved to the US 3 months after filing but I delayed my interview at the Embassy and opted to spend more time with my parents in the Phils.

Whatever you decide, just make sure you and your fiance sign all forms correctly and send them pics of you and him with both sides of the family.

Goodluck!

Bluerose

[Dakine 26]

Better to think K1 or CR-1. Forget about the K3.

[Ms.Dawn 0]

Hi Ms. Dawn,

Its a case to case basis but from my experience, K1 was pretty easy, got approved less than 2 months (one of the fastest here).

Although I did see some similarities in our case, both of us are B2 holder, visited our bfs before filing for K1 (or K3 in your case). I even spent Christmas with his folks and bonded with them. So when it was time for us to file for K1, we sent pics showing me with his parents and him with my parents (when he visited me in the Phils). I guess USCIS got impressed as we didn't get RFE and got approved fast.

I could have moved to the US 3 months after filing but I delayed my interview at the Embassy and opted to spend more time with my parents in the Phils.

Whatever you decide, just make sure you and your fiance sign all forms correctly and send them pics of you and him with both sides of the family.

Goodluck!

Bluerose

Hello Bluerose

Thanks for your comment.

WOW that was pretty quick! I guess you got lucky... but as you've said its a case to case basis. My Fiance is planning to come to HK to visit me or stay with me for a few months we both don't know yet... Either way, we sure will take lotsa photos

K1 has always been my no. 1 option if ever we decide to live in the US. But when you think about the waiting time... I tend to get impatient or both of us... All we want is to be together doesn't matter where... Why does it have to be complicated eh? Believe it or not getting a visa for him in HK is as hard as getting a visa in the US. I think we just need to be patient at these times... what you can do for love!

Cheers to you and your hubby! (or soon to be) hehe

[Jamaican JNR 2]

Hello there,

I made a trip to America in early August to meet my boyfriend whom I met online in Feb 2009. I stayed there for a week, get to meet his family, and had a really great time together. I know this is crazy and it seems like everything is abrupt... but when I was there he proposed and told me he wants us to be together as a couple...

My Fiance and I are discussing how we are going to be together and it doesn't matter to us who will move to where, either he moves to HK or I move to the US. All that matters is we are together. But still it seems very hard to decide which is easiest way to do for us to be together-- so we have 2 options.

Option No 1. We apply for a K1 visa and we get married in the US. Going this route I will have permission to enter the country with the intent of marriage, my permanent resident status should go smoother... BUT it will take forever and we not sure if it will get approved or denied.

Option No 2. My soon to be hubby wants quit his job and stay in HK and get married here. If we do this option and we both decide to move to America, this means (say we are already married) I wouldn't need to apply for a K1 visa. But instead I have to apply for a K3. According to what I have read online k1 and k3 visa processing are very similar AND it will still take us forever and yet again there is no assurance of getting the visa approved.

I have been approved of a tourist visa with 10 years multiple entry in the US. I am aware that there is a maximum (Less than a year) stay in the US. The only advantage of having a 10 yr multiple entry is that you don't need to apply for a visa to go to the US every time you want to visit.

Here is my question ...

Since I have already been given a B2 tourist visa with a 10 year multiple entry, say if we did option no. 2 and got married in HK but decided to move to America, would it be OK to enter the US with him on a tourist visa and then apply for AoS and work permit while I am staying in the US? Would they allow me to extend my stay while waiting for my visa?

PS:

I am a Phil. Passport holder but I am born in Hong Kong and a permanent resident.

I am a Filipina, never been married, no kids, very young (22 yrs old, (My BF is 29)) and have a good Job in HK... and yeah I am ready to leave all that just to be with me soon to be hubby incase we decide to move to the US (what love can do eh? haha ) We are clearly in love with each other so marriage fraud is way out of the picture.

It is your choice where you would like to get married.

[Ms.Dawn 0]

Better to think K1 or CR-1. Forget about the K3.

Hiya Haole

Yes I have been told. The best option is K1. Thanks.

[Stephen + Elisha 92]

I have just read about DCF online and I think this is the best solution!! Thanks very much for letting me know...I didn't know there can be an option like this..

I have some questions though hope you can help me out...

- There are 2 types of visa for spouses in HK:

1. Dependent visa - I will be the sponsor for my husband, meaning his visa will be dependent on me. This visa is conditional but He will be able to work and allowed to reside here until he gets his permanent residency after 7 years.

2. Hong Kong permanent resident - After 7 years of dependent visa he will be able to apply for Hong Kong permanent residency. He will be a HK ID card holder saying he has the right of abode in HK.

Would he be able to do DCF if he is on dependent visa? or does he need to be a Permanent Hong Kong resident before he can do the DCF? if he needs to be a permanent resident then it would take 7 long years... but then atleast we are together

Thanks very much.

You'll want to check with the U.S. Consulate in Hong Kong to be certain, but your future husband should be able to do DCF for your I-130 on a dependent visa. The general practice is that if the U.S. citizen is resident in a foreign country for six months or more, he is eligible for DCF at the embassy/consulate there.

[Ms.Dawn 0]

I have just read about DCF online and I think this is the best solution!! Thanks very much for letting me know...I didn't know there can be an option like this..

I have some questions though hope you can help me out...

- There are 2 types of visa for spouses in HK:

1. Dependent visa - I will be the sponsor for my husband, meaning his visa will be dependent on me. This visa is conditional but He will be able to work and allowed to reside here until he gets his permanent residency after 7 years.

2. Hong Kong permanent resident - After 7 years of dependent visa he will be able to apply for Hong Kong permanent residency. He will be a HK ID card holder saying he has the right of abode in HK.

Would he be able to do DCF if he is on dependent visa? or does he need to be a Permanent Hong Kong resident before he can do the DCF? if he needs to be a permanent resident then it would take 7 long years... but then atleast we are together

Thanks very much.

You'll want to check with the U.S. Consulate in Hong Kong to be certain, but your future husband should be able to do DCF for your I-130 on a dependent visa. The general practice is that if the U.S. citizen is resident in a foreign country for six months or more, he is eligible for DCF at the embassy/consulate there.

Thanks so much I will have to discuss this with my Fiance.

Cheers