K3 vs K1

[deephouser 0]

Met my girlfriend while in another country with the Army.

She applied for and got a tourist visa. She came here and we were planning to get married. We are still planning to get married.

We want to do everything according to law - and weighing options.

I think just getting married here in the US and then applying for the K3 is the way to go. But...I also know the option is to get married and apply for AOS. Or...we could go for the K1. But for her, and her family situation, it would be more acceptable to get married and go the K3 route.

I have to travel in August, and I want her to come with me. Actually, she won't let me go unless she comes with me. It is to her home country...so that kind of makes sense. So, I'm thinking get married, apply for the K3, and try to get her date at the embassy for the time we are there in August. Then we can come back and live happily every after.

Any thoughts on this?

Gracias.

[Harpa Timsah 13,258]

Well, K3 is no longer available. You would be applying for a CR-1 spousal visa. My other thought is that neither a K-1 nor a CR-1 will be ready by August. The process takes about 10 months usually.

[Penguin_ie 5,993]

As mentioned, forget the K3. The CR-1 is better than the K1 in that it is cheaper, and she gets a greencard upon entry. So my suggestion would be to marry asap, then apply for the CR-1, and she leaves the country when her tourist visa is up.

How long will you be in her home country (and what is her home country)? As mentioned, it is extremely unlikely that her interview will be in August, unless you are active duty army, in which case you could apply for expedite.

[Darnell 8,478]

1. what country are you in now?

2. what is beneficiary's country?

3. where are you traveling to in august, and for what duration? if duration is longer than 6 months, strongly suggest to file DCF'd I-130 in that country, US Embassy IV unit, at the 6 month tick mark.

4. K-3's are mostly unattainable - see

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Welcome to VisaJourney.com !

[Powerful 0]

Me and my boyfriend are in the same situation. He's a Marine and we met in Japan. I'm back to Brazil and he's back to the States. I'm off to visit him and meet his family in June and we're also planning on already get married. I've heard that getting married is very simple but once we apply for the Spousal Visa I can't leave the USA until I get it done otherwise the immigration has it as "abandoning visa process". But now I'm kinda confused... I have the tourist visa and the time I can stay there will be decided when I get there, right?! So, if we get married and apply for the spousal visa, I'd be able to stay there until I get it or I'd have to leave the country when my "staying permission" expires?

[Darnell 8,478]

'spousal visa I can't leave the USA' - sorry - that's not a spousal VISA, that's an 'adjustment of status', which (like a spousal visa obtained outside of the USA) culminates in the issuance of a Green Card.

[Powerful 0]

Thanks Darnell and I'm sorry I still don't know exactly the name of the visas, that's why I'm trying to get information from this website and some others too.

So, I have the tourist visa that I'm going to use to visit my boyfriend and his family. If we get married, after that I'll have to apply for this "adjustment of status" and go through the green card process without leave the country?!

[Darnell 8,478]

Powerful - that is one option, certainly, but most (myself included) view it as Immigration Fraud - there are attornies out there that will tell you that this is OK (come in on tourist visa, marry, file AOS, not leave USA until have green card in hand) but mostly, it pegs ICE's definitions of IMMIGRATION FRAUD.

Ajdustment of Status is not the same thing as filing for a Visa - if yer just trying to figure it out, please review the guides section here - we've got guides that cover all situations.

[Powerful 0]

Well, you can think this is an immigration fraud but in my case it's not because when I got my tourist visa I wasn't planning on getting married - and we haven't really decided yet. As I said before, my case is like "deephouser", the guy who started this topic. We want to do everything right and had never had intention to go against the American Laws. I'm just going through this because I want to be with my beloved one, never had intention to immigrate to the States illegally and I'm asking what are the options out there, what would be more recommended.

Thanks again - and I did see the guides section but still got questions, that's why I'm here asking.