please help me understand/decide

[joe84 0]

Hi,

I'm sorta stuck trying to make a decision between K1 and K3. My fiancee currently lives outside the US. I've read the K1, K3 guides and the table of differences. There's a neat little flow diagram for K1, but I didn't find one for K3.

For K3, I understand that:

- after NOA2 for I-129F is received, the case goes to the foreign embassy.

- after that, there's a bunch of documents (NOT sure what documents will be needed or requested for) sent back and forth between the embassy and the beneficiary, and eventually the K3 visa is issued.

- the spouse then enters the US with the K3 visa.

What happens after that?

In the case of K1, according to the flow chart, I/we need to:

- apply for SSN for the spouse

- apply for 485/AOS, 765/EAD, 131/AP for the spouse

citizen must fill out I-864 - affidavit of support

- spouse gets GC, and if GC is given < 2 yrs of marriage, PR is conditional

Does all of the above apply to K3 as well?

I guess the real question I'm trying to answer is what is a better route -- K1 or K3?

Thanks in advance, very much.

[pbgirl 1]

From what I understand, both are taking about the same amount of time, so if you can wait to get married, then you can do the K1. If you want to get married sooner (and with family, in your home country), then go with K3. There are minute differences, for example, you don't have to apply for advance parole to travel when on a K3 visa.

Edited February 20, 2006 by pbgirl

[joe84 0]

Well, K1 visa is not for a spouse, so if you are already married, K3 is the only choice for you out of the two.

We are not married yet, as I mentioned above, and are still trying to evaluate the best route.

Edited February 20, 2006 by joe84

[john_and_marlene 162]

K3 would not require the I-131 for AP. K3 is a multiple entry visa.

[aussiewench 9]

In the case of K1, according to the flow chart, I/we need to:

- apply for SSN for the spouse

- apply for 485/AOS, 765/EAD, 131/AP for the spouse

citizen must fill out I-864 - affidavit of support

- spouse gets GC, and if GC is given < 2 yrs of marriage, PR is conditional

Does all of the above apply to K3 as well?

Yes except for AP

Another difference is K-3 visa is a multiple entry visa. K-1 can only be used once.

As far as which is better.....that would depend. One should choose which best suits their circumstances. It can also depend on which service center you will be sending the petition to eg CSC is presently processing petitions I-129F for fiance with receipt date of Nov 03 2005 compared to say VSC which is Jan 08 2006........I-129F for spouse for K-3 (after one gets the NOA1 from I-130) is sent to NBC and are presently processing petitions with receipt date of Jan 10 2006. So if I was in your shoes and was having to send to CSC for the I-129F fiance, then I would opt for the K-3. Anyway.....some food for thought for ya

Good luck in which ever way you decide.

Lorelle

Edited February 20, 2006 by aussiewench

[joe84 0]

Thanks, john_and_marlene and pbgirl.

So I take it that, as soon as the spouse arrives, I-485/AOS HAS to be filed (and EAD, too?), and as long as the K3 visa status is maintained, the spouse can travel outside the US since K3 is a multiple entry visa. (How long is the K3 valid for anyway, or when does it expire?).

Thanks again.

[aussiewench 9]

(How long is the K3 valid for anyway, or when does it expire?).

2 years

[joe84 0]

Lorelle, thanks a lot. (your post snuck in when I was typing mine ;D).

From your post, it definitely sounds like K3 is a wise move.

I got confused when someone told me that I don't need a AOS for the spouse in the case of K3, since I've already filed I-130. But I guess that only covers the K3-visa part, and the adjust from non-immigrant to immigrant status has to be done nevertheless, in BOTH cases.

Thank you.

[aussiewench 9]

Where abouts is your fiance? Have you looked into if DCF is an option?

[joe84 0]

Lorelle, my fiancee is from India. I did look into DCF and it appears that I have to have a continuous residence for a minimum of 60 days to qualify for DCF -- a bit tough for me to leave work and all. Besides, I read *everywhere* that DCF only applies for "straightforward" cases, although I have no clues what constitutes straightforwardness and what doesn't.

The other risk, as I understand, is that even if I bite the bullet and go there for 2 months, if my DCF gets denied, then I will be forced to come back to the US and do K3. And I would've lost 2 precious months by then.

Thanks.

[meauxna 15]

Lorelle, my fiancee is from India. I did look into DCF and it appears that I have to have a continuous residence for a minimum of 60 days to qualify for DCF -- a bit tough for me to leave work and all. Besides, I read *everywhere* that DCF only applies for "straightforward" cases, although I have no clues what constitutes straightforwardness and what doesn't.

The other risk, as I understand, is that even if I bite the bullet and go there for 2 months, if my DCF gets denied, then I will be forced to come back to the US and do K3. And I would've lost 2 precious months by then.

Thanks.

Why would your DCF be denied?

If you are a USC, legally married to the foreign spouse, it's pretty much a no-brainer. If you can do the 60 days in India, you can file I-130 and return to the US while your spouse completes the visa application at the Consulate serving her residence.

I'd love to know the definition of that old 'straightforward' language as well; I've not included it in the Guide revision. I'd suspect it had something to do with the alien being in/having been in removal etc. where the I-130 itself picks up some suspicion, but if you look at a DCF as being a filing of the I-130 abroad only, there is nothing complicating in that. Either you are a USC or not. Either you are married or not. The I-130 doesn't show much more than that.

If something goes wrong in a DCF case, you have larger problems than could be solved by a K-3.

[meddykomp 0]

Where do you want to get married? That would affect which route you take.

[joe84 0]

meauxna, thanks : you made DCF in a way more convincing than I myself ever felt! I wish I figure something out for the 60 day domicile requirement.

As for the fear of DCF denial, it's just that everywhere that I read about DCF, it's ALWAYS followed by a caveat that it's a risky proposition and things have to straightforward and such. Although, I'm yet to find any reasons for what that actually means.

meddykomp, we absolutely have no preference whatsoever about where we get married. Right now, the goal is to end the separation as quickly as possible.

Thanks.

So from all of the replies above, I understand that there's very little differences between K1 & K3 both time-wise and the processing one has to do after the partner arrives in the US.

Oh, of course, there is the fact that K3 is a multiple entry visa, which gives it a huge edge over K1 -- is that correct? Or is it that with K1, the same can be achieved with an Advanced Parole? (I don't much about AP).

[pbgirl 1]

But the only thing is that you have to pay for the AP paperwork (yet another fee!).

India? Cool! You'll have to let me know how it goes. What Embassy?

I was hoping to do the DCF route too, but couldn't stay in India for more then 30 days. I know someone who did do the DCF in New Delhi, and it seemed so simple for him. He stayed 60 days, filed his wife's paperwork, she received an interview letter one month later and a few weeks after that, they were together. Seemed much, much quicker than the route I have been going with the K3. But oh, well, what is one to do? I went back to India for the winter holidays so all together, I have probably stayed in India almost 60 days, just not continuous though!

Good Luck with whatever you decide!!

[meauxna 15]

As for the fear of DCF denial, it's just that everywhere that I read about DCF, it's ALWAYS followed by a caveat that it's a risky proposition and things have to straightforward and such. Although, I'm yet to find any reasons for what that actually means.

I'm going to speculate again, but I figure that the'straightforward' language came from the original DCF FAQ by AlvenaF. Her information is what has been copied around the net, I copied it into the Guide here (which was based very closedly on her orignal FAQ) and it's been copied further.

In studying my own case very closely and watching many, many others post about their experiences over the years, I've never seen anywhere that that would apply--even in the case where the beneficiary needs a waiver of inadmissability there does not seem to be a barrier to filing the I-130 itself overseas (where allowed).

If you can swing the 60+ days in India, it's a timesaver, more complete and a fun adventure. If not, the K-1 gets them 'here' faster, and you do the rest of the process together in the US (Adjustment of Status).

If the foreign spouse doesn't have a burning need to work asap, this is fine. The K-1 can apply for work and travel permission, so as long as they can sit tight in the US for up to 6 months, this is a workable solution.

The K-3 is the next longest because you must count the time to go and get married. The K-3 must still apply for work authorization, but they can travel immediately.

The IV (CR-1) can come from a DCF or US-filed I-130 petition. You must be married for this process.

Last, meddykomp brings up the BEST point: where do you and your fiance want to marry? Immigration and speed are just 2 small factors in the bigger picture of your family happiness and having the type of wedding that you and your beloved both want.