Should we file a K-1 or marry and file a K-3?

[Galateia 1]

Here's our situation:

He's the USC, I'm the foreigner (Canada). He's in Texas for the next 5 years.

We aren't sure which route to go, because we have sketchy Primary Evidence and are worried that we won't have enough proof of relationship. If we get an RFE, we'll be pooched because we don't have any more than what we can send with the I-129F.

When we met (here, then in KY and then up here) he drove up to Canada, and I took a bus down to see him. No airplane tickets, boarding passes, or passport stamps, because neither of us have passports (we used Birth Certs and Photo ID to cross the border).

Which means we have precious little PE: a few ATM receipts from when he was here, and a receipt or two from when he got gas up here.

We have a ton of Secondary Evidence: lots of photos from two different occasions, credit card bills showing transactions taking place in his hometown and his credit card use in my hometown, affidavit notarized saying we were together in person in X place at Y date, phone bills spanning months showing calls to one another.

But I understand that with little PE, we will probably get a RFE and we will be stuck because we don't have any extra evidence to send along.

Our other option is to wait until Christmas when his family flies him up to KY, then have him come accross the border, and get married. Then we don't need to worry about 'proof' because we'll have the Marriage Certificate, and it would be 'reliable'.

But everything I've read on here suggests that the K-3 takes even longer than the K-1 to go through.

So here is my question: Do we file a K-1 because it's faster, or a K-3 because it's more reliable?

I'm also unclear as to how long the timeline is (yes, I've looked at the Processing Times) from when you file the 1-129F and when you can see and marry your fiance. Can anyone give me a ballpark?

Thanks,

[JenT 0]

All you need for the I-129F is proof that you have MET in person within the last two years. Sounds like you have that. K3 generally takes longer than a K1... but timelines these days are anyone's guess.

Jen

[no name 1]

But everything I've read on here suggests that the K-3 takes even longer than the K-1 to go through.

So here is my question: Do we file a K-1 because it's faster, or a K-3 because it's more reliable?

Thanks,

Well, have a read here: http://www.visajourney.com/forums/index.ph...mp;page=compare

The K3 is generally slower than the K1. Many K1 filers on here did it that way because they did not want to be separated once married. I know I didn't.

As far as your evidence, who knows. It definitely doesn't look great to not have border stamps or any form of ticket. But you might not get denied. Plus, if you met him at Xmas, you'd have tickets from that, as proof of your ongoing relationship. All you have to prove initially is that you MET in the last 2 years.

I'm also unclear as to how long the timeline is (yes, I've looked at the Processing Times) from when you file the 1-129F and when you can see and marry your fiance. Can anyone give me a ballpark?

There is NO WAY to give you that, sorry. There are the more recent June filers already approved and yet many March people are not approved. It used to be 5-7 months but I'd say more now. (this is for K1s)

Good luck!

[aussiewench 9]

Galateia

Not every petition submitted is going to have the same evidence of having met. There are plenty on this board alone who's fiance are Canadian or Mexican and had no plane tickets, passport stamps etc. They would be aware of the close proximity of these countries and the non use of plane travel etc. Use question 18 to describe in some detail of how you met in the required two year period that established the relationship, then the evidence you submit should support those details. How you answer question 18 and the evidence you have to support it, should create an image in the minds eye of the adjudicator. Look outside the square for any evidence that will support your case.

All the best to you.

[zyggy 9]

Hotel receipts, ATM receipts, Gas Receipts, copy of your bank statement showing withdrawls in Canada, copy of credit card statements showing charges made in Canada, etc. are all valid evidence of being present in Canada. You don't have to just have stamps or plane tickets.

We used a copule of pictures and some ATM receipts and were approved..

Edited August 24, 2006 by zyggy

[Galateia 1]

Galateia

Not every petition submitted is going to have the same evidence of having met. There are plenty on this board alone who's fiance are Canadian or Mexican and had no plane tickets, passport stamps etc. They would be aware of the close proximity of these countries and the non use of plane travel etc. Use question 18 to describe in some detail of how you met in the required two year period that established the relationship, then the evidence you submit should support those details. How you answer question 18 and the evidence you have to support it, should create an image in the minds eye of the adjudicator. Look outside the square for any evidence that will support your case.

All the best to you.

That's really helpful-- thank you! It makes sense to say "we did this" and provide X,Y,Z proof, and then say "then we did this" and provide A,B,C proof.

We're really hoping we don't have to buy airline tickets and visit just for the sake of proof, because we absolutely cannot afford it. (His father will be providing us with the affidavit of support, and loaning us the immigration fees and moving costs) We'd also like to file on September 1st, rather than delaying things even further by waiting until Christmas.

A timeline of within a year would be fine, if that's a rough approximation. I've been instructing my USC fiance to be 'paranoid' when compiling our I-129F, because you can never be too careful!

[mozplay 29]

We were/are in the same situation as you are.. drove always and never really had cause to stay in hotels.

Now, we did submit one flight itinerary (me leaving him) and a hotel receipt that though it only had my name on it, told a story because we included photos and a relevent wedding invite. However, we took the advice of other VJ members and created some evidence.

We:

... had his/hers reciepts from a gas station - our names were printed from them and the credit card numbers were too - same time, same day

... took pictures in front of his hometown sign

... already had Washington DC pictures - who can mistake those??

... along with my credit card reciepts, we provided proof of his living in the area that the purchases occurred (he moved around quite a bit during this period)

... during last summer, I had some car repairs done while visiting him; the receipt/invoice listed my contact information at David's house.

Perhaps if you see him this August, you can also do the gas station trick. Otherwise, as Aussiewench said... think outside the box.

Good luck!

Mo

[Galateia 1]

We were/are in the same situation as you are.. drove always and never really had cause to stay in hotels.

Now, we did submit one flight itinerary (me leaving him) and a hotel receipt that though it only had my name on it, told a story because we included photos and a relevent wedding invite. However, we took the advice of other VJ members and created some evidence.

We:

... had his/hers reciepts from a gas station - our names were printed from them and the credit card numbers were too - same time, same day

... took pictures in front of his hometown sign

... already had Washington DC pictures - who can mistake those??

... along with my credit card reciepts, we provided proof of his living in the area that the purchases occurred (he moved around quite a bit during this period)

... during last summer, I had some car repairs done while visiting him; the receipt/invoice listed my contact information at David's house.

Perhaps if you see him this August, you can also do the gas station trick. Otherwise, as Aussiewench said... think outside the box.

Good luck!

Mo

Christmas is the earliest time I could see him, so we would have to wait to file until then. I read that evidence created after you filed is not acceptable for RFEs, so we can't file now and then get more evidence later in case we get an RFE.

The plane tickets would be 500 USD, which is waaay out of our financial means. Sadly, he's literally as far away from Canada as he can possibly be while still remaining in the US.

We should have gone to a hotel and stayed there when he was up here staying with me, just for the proof. Hindsight is 20/20!

[bislig2alabama 1]

Here's our situation:

He's the USC, I'm the foreigner (Canada). He's in Texas for the next 5 years.

We aren't sure which route to go, because we have sketchy Primary Evidence and are worried that we won't have enough proof of relationship. If we get an RFE, we'll be pooched because we don't have any more than what we can send with the I-129F.

When we met (here, then in KY and then up here) he drove up to Canada, and I took a bus down to see him. No airplane tickets, boarding passes, or passport stamps, because neither of us have passports (we used Birth Certs and Photo ID to cross the border).

Which means we have precious little PE: a few ATM receipts from when he was here, and a receipt or two from when he got gas up here.

We have a ton of Secondary Evidence: lots of photos from two different occasions, credit card bills showing transactions taking place in his hometown and his credit card use in my hometown, affidavit notarized saying we were together in person in X place at Y date, phone bills spanning months showing calls to one another.

But I understand that with little PE, we will probably get a RFE and we will be stuck because we don't have any extra evidence to send along.

Our other option is to wait until Christmas when his family flies him up to KY, then have him come accross the border, and get married. Then we don't need to worry about 'proof' because we'll have the Marriage Certificate, and it would be 'reliable'.

But everything I've read on here suggests that the K-3 takes even longer than the K-1 to go through.

So here is my question: Do we file a K-1 because it's faster, or a K-3 because it's more reliable?

I'm also unclear as to how long the timeline is (yes, I've looked at the Processing Times) from when you file the 1-129F and when you can see and marry your fiance. Can anyone give me a ballpark?

Thanks,

When I filed a I-129 petition for a K1 visa all I had for proof was three photos of us together, a copy of my passport visa and hotel printout of paid bills. We are now married and Rose has her permanent green card. We were as worried as you. Be honest and all will work out. I only wish that we had married in the Philippines because the clock starts to run on your ability to receive a PGC from the date of your marriage. That is the only advantage of a K3 as compared to a K1.

goog luck and may our Lord protect you. We now have a baby boy with dual citizenship.