K1 or K3 ???

[Ironman140 45]

Hello all

Very happy to have found this site and reading about what others are experiencing. I expect to spend a lot of time on these Boards in the coming months.I've learn a great Deal already and want to thank everyone for sharing there story's.

I found my soul mate last July while attending my Nephews wedding in France. She is an Irish citizen and I was born and raised in the USA. I'm also first generation Irish, which also makes me entitled to Irish citizenship.

We need to start making a decision on how and when to get married, But time and money as with most things in life is a big concern. I need to decide which route to take soon the K1 or K3. hire a lawyer or can I do this myself ??? she has traveled over several times on 90 day wavier and I have gone over to Ireland. but we recently applied for a six month visa. which was denied at the Embassy. they told her she only planed to travel over and get married. No we are trying to make plans to get married In Ireland or the US. But now we only wish to expedite things so we can be together

I have booked a fight for her soon planing to use the 90 day waiver. But I'm very Nervous that they will not allow her to travel over on the 90 wavier because of the denied 6 month visa. she has been home since mid Jan and will return in early April. any thoughts or advice is greatly appreciated.

thank you

Mick @ Betty

"The body can only do so much, after that, mind and soul takes over"

[RICARDO4EVA2 194]

There is no more K3 - that is the new CR1/IR1

[Tero 105]

The K-1 used to be faster than the spousal, but not anymore. You are better off going for an IR-1/CR-1 visa as it is much less expensive and much less hassle. The k-3 is supposed to be phased out but from time to time I see someone on the K-3. The K-3 was supposed to be a kind of intermediate between the K-1 time and the IR-1/CR-1 time, but is purposeless since the times are about the same now.

Check out this old comparison to help you make up your mind.

http://www.visajourney.com/content/compare

Edited March 12, 2011 by Tero

[Ironman140 45]

thank you

I have looked at the IR-1/CR-1 visa.but would she be able to travel over on the VW during the wait the separate time is what worries me

Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance).

""The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed. """

[RICARDO4EVA2 194]

thank you

I have looked at the IR-1/CR-1 visa.but would she be able to travel over on the VW during the wait the separate time is what worries me

Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance).

""The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed. """

of course not. the privilege cant be used in that way to side-step the process.

[Scott and Mhay 57]

She can visit on the VWP, but must leave before her time expires...(she will have to do her interview in Ireland)

The decision is up to you on how fast you want to apply...a K-1 you can apply now. The CR-1 you will have to make another trip to get married and then apply. The CR-1 visa is the best one out there...she will get a greencard and SSN...she can work right away. The K-1 she will have to adjust status (another $1010) and wait to be able to work.

[iampatricias 17]

It's a tough decision to make, but you've come to a very informative place for answers!

In short, there is no "quick" way to be together My fiance and I decided to go the K1 route because when we applied, the whole year leading up to it, fiance visas were taking 5-7 months to be approved, and now we're into month 8 and probably have 2 more to go. Spouse visas typically take 10mo-a year. If you two are willing/able to travel and visit regularly, maybe go the K1 route because usually the spouse visa beneficiary isn't allowed to visit the US at all while waiting (I think?). If she can prove strong ties to Ireland, her traveling to the US (with proof you've applied properly etc.), entering on the VWP while waiting for the K1 is *usually* pretty straightforward.

Financially, the K1 visa is a like a spouse visa, PLUS a fiance visa so even after I get into the States and marry my guy, and $1000 has been spent on paperwork, medical, and interview, we'll have to apply to adjust my status which costs another $1000.

Being apart is the worst, but we're all getting through it. If you're determined to be together sooner, maybe look into what is required to do a Direct Consular Filing (DCR) from Ireland - you may have to live there a few years before you can apply, but you'd be together...

[Tero 105]

Even if she gets a visa to visit while the process is going on, she is at the mercy of the IO at he POE. there is no guarantee she'll be allowed to come through. It might be easier for you to visit her instead, while your petition is pending.

[Ryan H 3,812]

OP: There is no rule that prohibits your SO from coming to visit on the VWP (so long as she does not overstay), however, there is no guarantee that she will be admitted either. CBP will likely have information that an immigration benefit has been filed on her behalf so she would want to have evidence of strong ties to Ireland when she arrives. Furthermore, since she had unsuccessfully tried to obtain a 6 month visitor's visa, travel on the VWP may not even be possible for her (though I'm not certain of that).

As others have said, forget the K3, it may still be on the books but it is nonexistent in practice.

My opinion is the CR-1 is the best option. Cheaper than K1 and AOS is not necessary.

[Ironman140 45]

She can visit on the VWP, but must leave before her time expires...(she will have to do her interview in Ireland)

The decision is up to you on how fast you want to apply...a K-1 you can apply now. The CR-1 you will have to make another trip to get married and then apply. The CR-1 visa is the best one out there...she will get a greencard and SSN...she can work right away. The K-1 she will have to adjust status (another $1010) and wait to be able to work.

No plans for her to work after we get married so that's not an issue, but after all the travel the cost works out about the same. so which ever way, I can do the paper work and gets her here to stay the quickest is the way I guess we should go. but for my own reasons,i wanted to get married there.