Thinking of filing for K-3 instead of K-1

[SweetDefiance 0]

Hi there! Currently I have filed for the K-1 visa and like most people are still waiting for an approval. We were hoping to have it by the time my son was born but this hasn't happened.

My fiance has been in the country almost 6 months and will have to leave soon and won't be able to come visit me and the baby. We are thinking of filing for the K-3 and getting married so he doesn't have to leave me and the baby.

We really could use some advice on how to go about this, or if anyone else has cancelled a K-1 and wen't for a k-3 how they did this and how the process went for them.

Any advice is welcomed, we both want nothing but to keep our family together.

[Laura_and_IanM 0]

Hi there! Currently I have filed for the K-1 visa and like most people are still waiting for an approval. We were hoping to have it by the time my son was born but this hasn't happened.

My fiance has been in the country almost 6 months and will have to leave soon and won't be able to come visit me and the baby. We are thinking of filing for the K-3 and getting married so he doesn't have to leave me and the baby.

We really could use some advice on how to go about this, or if anyone else has cancelled a K-1 and wen't for a k-3 how they did this and how the process went for them.

Any advice is welcomed, we both want nothing but to keep our family together.

In all honesty, I think that you should just continue to wait out for the K-1. You are so close to getting an approval, then it won't be to long after that you get your interview. I would say a month possibly 2 months time if that, that your fiance will have their visa. If you get married now, you will have to cancel the K-1, then start the whole process over again which will lead to a longer wait and more seperation time. At least with the K-1, you will be able to do AOS together!!! Think of it that way. I wish you luck with whatever you choose to do.

LJ

[shirlJ831 0]

I agree I would stick with what your doing the process is already begun and maybe it wont take much longer

[no name 1]

Hi there! Currently I have filed for the K-1 visa and like most people are still waiting for an approval. We were hoping to have it by the time my son was born but this hasn't happened.

My fiance has been in the country almost 6 months and will have to leave soon and won't be able to come visit me and the baby. We are thinking of filing for the K-3 and getting married so he doesn't have to leave me and the baby.

We really could use some advice on how to go about this, or if anyone else has cancelled a K-1 and wen't for a k-3 how they did this and how the process went for them.

Any advice is welcomed, we both want nothing but to keep our family together.

Can I just ask why you thought you'd be approved A MONTH after you submitted your K1??? They take anywhere from 5-7 months, more with IMBRA now.

Also, even if you got married, you couldn't file the K-3 & have him stay here.

Edited August 7, 2006 by devilette

[Jersey Girl 2]

Agree with all the above. He was here for the birth, which is a nice bonus. He'll have to go back anyway, for the interview. You won't be apart much longer, so stick with K1. While he's back in Canada, you can plan a lovely wedding for when he returns.

[Reba 2]

yeah, K3 is just going to take even longer, and have you separated even longer. He'd still have to go back to Canada once his 6 months here is up to wait it out. No idea what the timelines are now on K3s, but 2 years ago for mine, all told it took 9 months.

Might as well wait it out. It can't be much longer til you get the approval notice, then he'll have to go back to Canada to have the medical exam and for the interview.

[SweetDefiance 0]

Can I just ask why you thought you'd be approved A MONTH after you submitted your K1??? They take anywhere from 5-7 months, more with IMBRA now.

Also, even if you got married, you couldn't file the K-3 & have him stay here.

We didnt know about the new law until 2 days after we filed, we thought the whole thing only took about 4 months so we thought that at most he'd be gone a month.

We were also under the impression if we did the K3 he could stay in the country, is this not true?

[no name 1]

We didnt know about the new law until 2 days after we filed, we thought the whole thing only took about 4 months so we thought that at most he'd be gone a month.

But even before IMBRA not even VT took only 4 months...it's always been 5-7 or more.

We were also under the impression if we did the K3 he could stay in the country, is this not true?

Nope! He will be on a VWP & without sufficient ties to Canada, he could get denied re-entry. Or it would be an illegal overstay.

How is he here now for 6 months? What kind of visa?

Edited August 7, 2006 by devilette

[aussiewench 9]

SweetDefiance

Seek out the guidance of an immigration attorney where you can give them all the details of your circumstances and they can tell you your options based on them........you may be surprised.

[Kathryn41 3,205]

We were also under the impression if we did the K3 he could stay in the country, is this not true?

Nope! He will be on a VWP & without sufficient ties to Canada, he could get denied re-entry. Or it would be an illegal overstay.

How is he here now for 6 months? What kind of visa?

Actually, Canada is not a member of the Visa Waiver Programme - there is a special agreement between Canada and the US that allows most Canadians to enter without a visa as long as they have proof of citizenshp for visits of up to 6 months. The border guard is the one who determines whether or not they will be allowed to stay the full six months or not.

If you wish to marry, you will not be able to use the K-3, but there is a process where you can get married in the US and he remains in the US to apply for Adjustment of Status. Since he did not enter with the intention of marrying at this time you should not run into any problems with him mis-representing his intentions when he entered as a visitor. Please check with an immigration lawyer - or perhaps others who have taken this route can advise you as well. The thing to remember is that once married your husband will probably not be able to leave the US under any circumstances - to visit family, to move down belongings, to go to work or school, etc. - until after the AOS is approved, so it could be a long wait. Good luck.

[Marilyn. 340]

We were also under the impression if we did the K3 he could stay in the country, is this not true?

Nope! He will be on a VWP & without sufficient ties to Canada, he could get denied re-entry. Or it would be an illegal overstay.

How is he here now for 6 months? What kind of visa?

If you wish to marry, you will not be able to use the K-3, but there is a process where you can get married in the US and he remains in the US to apply for Adjustment of Status. Since he did not enter with the intention of marrying at this time you should not run into any problems with him mis-representing his intentions when he entered as a visitor. Please check with an immigration lawyer - or perhaps others who have taken this route can advise you as well. The thing to remember is that once married your husband will probably not be able to leave the US under any circumstances - to visit family, to move down belongings, to go to work or school, etc. - until after the AOS is approved, so it could be a long wait. Good luck.

umm, in reference to the part I bolded, I think the fact that they have filed for a K1 Visa already might make this kind of difficult....

I would just wait out the K1 .... you should almost be at the end... if you start the 1-130/K3 process now you could be in for a much longer wait....

[Kathryn41 3,205]

Good point. Yes, they obviously do intend to get married eventually. What I meant and wasn't clear about was that he didn't intend to get married on this visit because they had applied for a K-1 and this was just supposed to be a visit. And yes, depending on how long you have been waiting for the K-1, it may well be the best course of action to wait the few remaining months and arrive in the US on the K-1 visa:-).

[aussiewench 9]

If you wish to marry, you will not be able to use the K-3, but there is a process where you can get married in the US and he remains in the US to apply for Adjustment of Status. Since he did not enter with the intention of marrying at this time you should not run into any problems with him mis-representing his intentions when he entered as a visitor. Please check with an immigration lawyer - or perhaps others who have taken this route can advise you as well. The thing to remember is that once married your husband will probably not be able to leave the US under any circumstances - to visit family, to move down belongings, to go to work or school, etc. - until after the AOS is approved, so it could be a long wait. Good luck.

umm, in reference to the part I bolded, I think the fact that they have filed for a K1 Visa already might make this kind of difficult....

I would just wait out the K1 .... you should almost be at the end... if you start the 1-130/K3 process now you could be in for a much longer wait....

Not necessarily, which is why I suggested they seek legal advice. Whilst having a petition in progress would make it difficult to gain a visitors visa and or gain entry to the US as it can be seen as having immigrant intent.....If one is granted entry or is in the US legally and is otherwise eligible, one can change their mind, marry and adjust status.

Edited August 8, 2006 by aussiewench

[Reba 2]

I would suggest to check timelines in your area for adjustment of status processing. It may be quicker to an EAD to just wait out the K1 and do that. If having him able to work legally is something you need done quickly, get all the information first before you do anything. I imagine with a child now, this is probably the case.