K-3 vs. K-1

[Cherieish 0]

I've gathered everything needed to file a K-1 visa for my fiancé, and he's coming to visit me in a few weeks. I'm honestly wondering if it would be better to just wait, get married when he visits, and file a K-3 instead. Can anyone help me out with the pros/cons of this? Is the K-3 cheaper? Faster? Easier/faster for him to get a job once he's here? Is the application similar, since I've already gathered all the K-1 stuff? Any help would be appreciated! It's so much information, I feel like my head will explode sometimes!

[YuAndDan 153]

If coming to visit is a couple weeks, you can always marry, and then file I-130 for a spouse visa.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

MORE: http://travel.state....pes_2993.html#4

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

K-1 may give you a visa is a slightly shorter time, perhaps a month or so, when factoring in the paperwork at NVC.

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

CR-1 does not take much longer to get than a K-1

Edited February 8, 2011 by YuAndDan

[JoannaV 174]

It won't be a K3, it would be a CR1.

If you're saying that you are thinking of having him visit you, get married, and remain in America, then that is a plan you are not allowed to have. If you mean that he will return home after the marriage and file for CR1, then that is ok. Just checking!

CR1 is cheaper than K1+AOS, and it is faster from the initial application to the day he will be able to get a job in America. It is however generally slower from initial application to moving to America. (I chose to do a CR1, and at that particular point in time the CR1 went much faster. So things do change from month to month.)

The application is indeed pretty similar.

If you have any other questions, I'll be happy to answer.

[John+Lourdelie 28]

Does not make it easier to get a job. Just allows him to look for a job sooner.

John

[Cherieish 0]

Ahh, thank you. So the K-1 might be a tiny bit faster, but in most other ways, the CR-1 would be better? Hrm...

Edited February 8, 2011 by Cherieish

[YuAndDan 153]

Does not make it easier to get a job. Just allows him to look for a job sooner.

John

You cannot believe the number of threads I have seen of crying the blues about not being authorized to work shortly after entry on a K-Visa.

There are jobs out there, perhaps not high paying ones, however they are there.

[Cherieish 0]

I meant that he can start looking sooner, of course it is up to him to find a good one.

[YuAndDan 153]

Ahh, thank you. So the K-1 might be a tiny bit faster, but in most other ways, the CR-1 would be better? Hrm...

Yep, if I were doing it again, it would be CR-1 all the way. Considering the cost, and INSTANT green-card.

This is something to discuss with fiancee, and considering that will be visiting soon, it may be the thing to do is to get legally married and file for CR-1, and return home and not overstay.

One more note, dont attempt to AOS from the VWP, I have seen several I-485 denials for AOS from VWP. USCIS has been taking a hard line to this. VWP is for Visition only, not immigrating.