Is a K-3 easier, faster than a K-1? Which one is the best option?

[Dev & Mike 0]

Hi,

I am French and my fiancé is American.

She wanna bring me to the US.

I am getting confused because I find contradictory information.

I have thought than getting married in another country and then doing tke K-3 is easier than asking for a K-1 fiancé.

But, I don't see it easier. How is it easier?

It does not seem to be quicker either when you look at the approximate time on the compare page.

So I don't get it. What do I miss?

We are wondering which one to use because we got confused when we asked about the Affidavit of support (I-134).

Since my fiancé is still a student, she does not have any income.

So we called the government and asked if it's ok if her parents are a co sponsor and can fill in a I-134 as well.

They said it 's not possible for a K-1 but would be for a K-3.

But at the same time, I have read people being in the same situation (student and asking for a K-1) saying it worked for them with a co-sponsor. I am confused.

Any help?

Thanks a lot.

Mike

[TBoneTX 44,658]

Hi, Mike --

Welcome to VisaJourney!

The K-3 visa is nearly obsolete, and it is almost never issued. The CR-1 visa would be the alternative to the K-1 visa. Others here will comment further and refer you to the various links here (of course, you may find them yourself!).

I am transferring your thread from the K-3 Process forum (where you posted it) into the General Immigration Discussion forum, because you haven't yet decided on a visa path.

[Musashii 21]

Hi,

I am French and my fiancé is American.

She wanna bring me to the US.

I am getting confused because I find contradictory information.

I have thought than getting married in another country and then doing tke K-3 is easier than asking for a K-1 fiancé.

But, I don't see it easier. How is it easier?

It does not seem to be quicker either when you look at the approximate time on the compare page.

So I don't get it. What do I miss?

We are wondering which one to use because we got confused when we asked about the Affidavit of support (I-134).

Since my fiancé is still a student, she does not have any income.

So we called the government and asked if it's ok if her parents are a co sponsor and can fill in a I-134 as well.

They said it 's not possible for a K-1 but would be for a K-3.

But at the same time, I have read people being in the same situation (student and asking for a K-1) saying it worked for them with a co-sponsor. I am confused.

Any help?

Thanks a lot.

Mike

K-3 visa is obsolete and they do not issue it anymore with some exceptions.

K-1 is a fiance visa with intent to marry within 90 days after entering the U.S. It is "supposedly" a bit faster than CR-1 (applied after marriage outside the U.S.).

Both type of visa will need Affidavit of Support. (I-134 for K-1) and (I-864 for CR-1). Annual income requirements differ for both as I-134 requires 100% of Poverty Guidelines and I-864 requires 125% of the Poverty Guidelines.

If your Fiance or spouse (whichever is the case) is still a student and does not have any income, you may need to find a joint sponsor who meets the income requirements however, some Consulates / Embassies allow the option of a joint sponsor for K-1 Visa and some don't.

K-1 visa is slightly expensive because the non-immigrant visa fees have recently been increased and also after you enter the U.S., you have to apply for a work authorization and other travel documents. In case of CR-1, you become a permanent resident at the time of entry into the U.S. and you do not have to apply for any work authorization or travel permit because you shall receive a Green Card (Conditional). Hope this helps.

[Villanelle 4,121]

When you file for the K1 visa you need to fill out the 134 affidavit. If your income is not enough you can submit a co-sponsor. The problem is not all embassy's will accept co-sponsors with the 134. Its at the discretion of the embassy. So do an online search for the embassy you will be using and see what kind of results you get. Have people reported they have typically been denied there with co-sponsors on the 134 or not? If so then the K1 route with a co-sponsor wont work.

If you go the CR1 spousal visa route you do not use the 134 affidavit, you use the 864, in which co-sponsors are allowed (no exceptions anywhere)

So you need to do some research, because if you file the k1 fiance with a co-sponsor on a 134 in a location that typically denies co-sponsors, you just wasted a great deal of time and energy on a petition thats most likely going to be denied. Leaving you with no other choice then to get married and pursue the CR1 spousal route, whereas if you were informed, you could have started that route at the beginning.

(so, you said you contacted the embassy and they loosely advised to go another route- that pretty much sums it up right there. You can further confirm it by contacting them again and asking specifically, checking on google because when people are denied at that stage they tend to complain publicly, or contacting immigration attorneys in that area who process K1s)

[Djarian2000 5]

To my impression k1 leads to visa approval in around 6 months in usual circumstances, while for CR1 it takes 12-15 months. I know some people from Pakistan had to wait for 18 months, which may be different for France. I will say go for K1 and use CR1 as a plan B.

[Harpa Timsah 13,258]

To my impression k1 leads to visa approval in around 6 months in usual circumstances, while for CR1 it takes 12-15 months. I know some people from Pakistan had to wait for 18 months, which may be different for France. I will say go for K1 and use CR1 as a plan B.

Your impression is incorrect.

Mike87, did you figure our the answers to your questions?

Edited December 19, 2012 by Harpa Timsah