Do we have some flexibility here between K-1 & K3?

[impecunious 0]

Hi all,

Long story short, my fiancée and I were engaged in July 2012 in Chicago, and I'm a US citizen living in Indiana while she's a Mexican citizen living in Mexico City. We've been involved for 2 years and we are planning our wedding ceremony (not necessarily the actual civil marriage) for this September in Mexico. We've flown to see each other every four to five weeks, either here or there.

Given our wedding ceremony timeframe, my sense is that on the basis of the I-129F or I-130 processing time (about 7 months?), we seem to have the ability to pursue either the K-1 fiancée route or the K-3/CR-1 spouse route. For example, my fiancée is flying in this next weekend and we're open to going down to the clerk's office to get married just so we can start the spousal visa route now. However, the guides here indicate that the authorities want to see proof of a "bonafide" marriage and although we could get affidavits from family, perhaps this is a longer putt.

We can also try the fiancée visa route and time my future wife's interview in Mexico to coincide with our wedding, then fly here, and then wrap up with the adjustment of status. But my fiancée really wants to be able to travel back to Mexico now and then, and so getting this Advance Parole approval seems like a drag.

Another caveat is that my fiancée wants to work as soon as we start living together after September.

Given our circumstances, is one of these options better than the other? Or are there other options that make even more sense? For example, could we do nothing at all with the authorities, have our wedding in September, then fly here together and file the concurrent approach all in one fell swoop?

Thanks to all for your help.

[Cathi 5,732]

K-3 is obsolete, and rarely, if ever issued anymore. The K-3 was used years ago when it took a very long time for an I130 and CR-1 to be adjudicated. Now the I-130 for CR-1 is adjudicated in the much shorter time frame, thus making the K-3 obsolete. It is a waste of money to apply for the K-3, as the CR-1 and K-3 timeline is virtually the same.

If your fiance is going to come here to the US so you can marry and go the CR1 route, she must return to her country for the interview, as coming to the US with the intent to marry and adjust status is fraud, it carries a lifetime ban with no waiver or appeal. With the K-1 you are required to marry in the US, you cannot marry in Mexico, it is a requirement of the visa to marry in the US within 90 days of her entry with the K-1. Good luck.

[Sarah Elle-Même 660]

Immigration isn't McDonalds - you can't have it YOUR way.

If you want to get married in Mexico in September then you should go, get married, file the CR-1 petition (I-130) for her after that. The K-1 visa is for unmarried fiancees to get married IN the US and stay there. She can't get around adjustment of status if you do the K-1 so it will probably take a few months before she gets her EAD to work or AP to travel outside the US. With CR-1 she will be an LPR with a conditional green card upon POE so she can work immediately and travel as she pleases (with certain restrictions on time out of the US).

While you're waiting for the I-130 (CR-1) petition and her interview you can continue to visit her and if she's able to show strong enough ties to Mexico to satisfy tourist visa requirements then she can visit you.

Also - K3 visa is not usually issued anymore. You can file the petition for it concurrently with the I-130 petition but it will become administratively closed and your wife will have to apply for the CR-1 visa. At least that is my understanding.

I recommend you read the guides for K-1 and CR-1 visas on this site under the guides tab for further info.

Edited March 2, 2013 by Sarah and Adnan

[VanessaTony 3,567]

Long story short, my fiancée and I were engaged in July 2012 in Chicago, and I'm a US citizen living in Indiana while she's a Mexican citizen living in Mexico City. We've been involved for 2 years and we are planning our wedding ceremony (not necessarily the actual civil marriage) for this September in Mexico. We've flown to see each other every four to five weeks, either here or there.

Given our wedding ceremony timeframe, my sense is that on the basis of the I-129F or I-130 processing time (about 7 months?), we seem to have the ability to pursue either the K-1 fiancée route or the K-3/CR-1 spouse route. For example, my fiancée is flying in this next weekend and we're open to going down to the clerk's office to get married just so we can start the spousal visa route now. However, the guides here indicate that the authorities want to see proof of a "bonafide" marriage and although we could get affidavits from family, perhaps this is a longer putt.

We can also try the fiancée visa route and time my future wife's interview in Mexico to coincide with our wedding, then fly here, and then wrap up with the adjustment of status. But my fiancée really wants to be able to travel back to Mexico now and then, and so getting this Advance Parole approval seems like a drag.

Another caveat is that my fiancée wants to work as soon as we start living together after September.

1. Given our circumstances, is one of these options better than the other?

2. Or are there other options that make even more sense? For example, could we do nothing at all with the authorities, have our wedding in September, then fly here together and file the concurrent approach all in one fell swoop?

1. Yes. The K1 means marrying in 90 days (in the US), then filing for AOS. Waiting for AP to travel and EAD to work takes 60-90 days. So given you said she "wants to travel" and she "wants to work" then she has no choice but to file the CR-1

2. No. This is immigration fraud.

She can't start living with you in September. She can continue to visit you, but she can't move here without the CR-1. This is very important to remember because you don't want one slip-up to hurt your chances of being together...

Proof of bonafide marriage would be your copies of tickets to visit, photos together, affidavits from friends and family, add her to your bank accounts (don't have to be married to do this - I added my mum to mine), once married add her to your work health insurance, car insurance, car registration etc, stuff like that. You don't have to do ALL these things but whatever you want to, or can.

[impecunious 0]

All,

Thanks for the replies thus far. To one poster's comment, I realize that that I can't "have it my way" like McDonald's (although I think Burger King is the better fit here, ), but I just want to know if our situation gives us options.

I want to clarify something... We are pretty set on having a wedding "celebration" where all our friends come in September to a party in Mexico, but we're open to not signing any Mexican-related marriage paperwork there if it helps things. So we're wondering if it would be better for the CR-1 visa now if we simply marry in front of the county clerk here next week. Just to be clear, is this an option, or MUST our marriage paperwork for a CR-1 be outside the US?

I think my bottom line is this: Is there any viable scenario here given our situation where we can live together starting in September if we pursue the CR-1 route? Or is this only possible if we pursue the K-1?

Thanks for the help.

[Harpa Timsah 13,258]

You can marry anywhere and apply for the CR-1.

[VanessaTony 3,567]

All,

Thanks for the replies thus far. To one poster's comment, I realize that that I can't "have it my way" like McDonald's (although I think Burger King is the better fit here, ), but I just want to know if our situation gives us options.

I want to clarify something... We are pretty set on having a wedding "celebration" where all our friends come in September to a party in Mexico, but we're open to not signing any Mexican-related marriage paperwork there if it helps things. So we're wondering if it would be better for the CR-1 visa now if we simply marry in front of the county clerk here next week. Just to be clear, is this an option, or MUST our marriage paperwork for a CR-1 be outside the US?

I think my bottom line is this: Is there any viable scenario here given our situation where we can live together starting in September if we pursue the CR-1 route? Or is this only possible if we pursue the K-1?

Thanks for the help.

You can marry anywhere and apply for the CR-1.

There is no situation in which you can start living together in the US in September. The K1 takes about a year, so does the CR-1. So the ONLY viable scenario where you can live together after September might be living in Mexico... I don't know the laws for there. Again, she can VISIT the US but she CANNOT "live" with you. So while she's in the US she's just a visitor.

[impecunious 0]

You can marry anywhere and apply for the CR-1.

There is no situation in which you can start living together in the US in September. The K1 takes about a year, so does the CR-1. So the ONLY viable scenario where you can live together after September might be living in Mexico... I don't know the laws for there. Again, she can VISIT the US but she CANNOT "live" with you. So while she's in the US she's just a visitor.

I got the impression from reading the comparison chart of options here on VisaJourney that the processing time for a K-1 and the I-30 (for CR-1) was about 7 months, and then an additional 5 months or so from there for the AOS. So my impression was that with either, she could at least live with me in the US by roughly September or October, once that first application step was approved. Is this incorrect?

[N-o-l-a 7,167]

I got the impression from reading the comparison chart of options here on VisaJourney that the processing time for a K-1 and the I-30 (for CR-1) was about 7 months, and then an additional 5 months or so from there for the AOS. So my impression was that with either, she could at least live with me in the US by roughly September or October, once that first application step was approved. Is this incorrect?

NO.

There are many people on here whose CR1s and K1s are taking 10+ months.

You'd be incredibly lucky if it was done in 7.

[VanessaTony 3,567]

I got the impression from reading the comparison chart of options here on VisaJourney that the processing time for a K-1 and the I-30 (for CR-1) was about 7 months, and then an additional 5 months or so from there for the AOS. So my impression was that with either, she could at least live with me in the US by roughly September or October, once that first application step was approved. Is this incorrect?

Yes that's incorrect. The comparison charts haven't been updated in a while.

For the K1 for example first you file the petition. That used to take 3 months to be approved. Now it's taking more like 7. Once that's approved it goes to her country where she does the next part, applies for the visa. How long that takes depends on your country. It's usually about 3 months from K1 petition approval to interview.

The CR-1 is not a process I've been through but the petition wait time is about the same and then you do the next parts of the process.

Honestly, she will NOT be "living" with you come September. She can be visiting you, but must have a return ticket, and must return to her country to finish the processing of the visa.

[dwheels76 5,466]

Its seems like your options for what you have stated only can be a CR1.

She wants to work and travel soon as she arrives to the US. That can only be a CR1.

Also with a K1 you know you then have adjustment of status which means you get to go through all this process again. And currently AOS is also taking 5 to 7 months.

You may get your EAD and Advance parole within that first 3 months. But like you said looks like a drag.

Don't get so caught up on timelines. Right now either a K1 or CR1 is at best 7 to 9 months just to get through USCIS.

Sure you search VJ deep enough and you will see folks approved under 90 days. That's not the norm. Someone just got approved in 25 days. I have a friend 2 1/2 months approved at USCIS neither was an expedite.

Just prepare either way for a practice of patience and strength, because both is needed.

Marry wherever you choose. File your petition, she goes home waits you stiLl visit like before until you are together. Who knows you file now you may get that miracle (see my profile pic) and get approved fast fast. Keep Hope alive, but also be realistic in your choices.

[impecunious 0]

Thanks to all for the feedback on this. I'm sure I am definitely preaching to the choir on this, but it's frustrating to learn now that we can't come back to the US together once we've had our celebration (and potential civil ceremony) in Mexico in September.

I was married once before, again to another foreigner, and 13 years ago when we went through this process we showed up at the consulate in Dublin, Ireland after getting married two days before and took care of all the paperwork that day. Judging from what I'm learning all over again here, this sounds like a direct consular filing, but I'm not sure how we did it if I was living in the US the whole time. I guess the rules have changed.

From the replies here, it seems to me like the "only" benefit to a couple that go the K-1 route is if the couple just "wants" to have the civil ceremony in the US and isn't bothered by the idea of the foreign spouse sitting at home for a few months and not being able to freely go back to their home country for a while. I'm sure I'm oversimplifying this a bit, but have I got the general gist? If the wait times for the spouse to live in the US are the same between K-1 and CR-1, then for me at least, why bother with a K-1?

Thanks again.

[VanessaTony 3,567]

From the replies here, it seems to me like the "only" benefit to a couple that go the K-1 route is if the couple just "wants" to have the civil ceremony in the US and isn't bothered by the idea of the foreign spouse sitting at home for a few months and not being able to freely go back to their home country for a while. I'm sure I'm oversimplifying this a bit, but have I got the general gist? If the wait times for the spouse to live in the US are the same between K-1 and CR-1, then for me at least, why bother with a K-1?

A couple of main reasons:

- For a CR-1 you need to file after marriage. For you that's soon, for people who don't live as close or can't afford the time off work they can't get together again for some time. The K1 needs only to be filed within 2 years of last meeting in person.

- The K1 means not being apart after marriage. I personally did not like the idea of being apart from my husband for the next year. For some countries you can visit easily, others can't

Personally, waiting 2 months to work/travel isn't that big of a deal when you consider being apart while married. Some people it does matter, for me it didn't. I also didn't *need* to work. I couldn't while living in Houston because we were returning to Iowa a couple of months after I arrived, pointless to get a job just to leave it, plus we had the other vehicles in Iowa, my husband just had the one in Houston for school.

There is no doubt the CR-1 is superior in terms of working and leaving immediately, but the whole "being apart from my husband for a year" was the kicker for me. Tickets for me are $2K return. It meant taking time off work as well as the crazy flight prices. It just wasn't a financially responsible decision to visit during the process. So we got engaged, filed for the K1 and during processing I worked my butt off and saved and planned our wedding. It wasn't a rushed court wedding just to make it legal so we could file for the CR-1.

Make whatever decision is right for you and your family.

[Darnell 8,478]

I think the CR-1 is superior cause the foreign spouse can fully participate in USA Society within 3 weeks of hitting USA soil.

[Waiting234 18]

Hi all,

Long story short, my fiancée and I were engaged in July 2012 in Chicago, and I'm a US citizen living in Indiana while she's a Mexican citizen living in Mexico City. We've been involved for 2 years and we are planning our wedding ceremony (not necessarily the actual civil marriage) for this September in Mexico. We've flown to see each other every four to five weeks, either here or there.

Given our wedding ceremony timeframe, my sense is that on the basis of the I-129F or I-130 processing time (about 7 months?), we seem to have the ability to pursue either the K-1 fiancée route or the K-3/CR-1 spouse route. For example, my fiancée is flying in this next weekend and we're open to going down to the clerk's office to get married just so we can start the spousal visa route now. However, the guides here indicate that the authorities want to see proof of a "bonafide" marriage and although we could get affidavits from family, perhaps this is a longer putt.

We can also try the fiancée visa route and time my future wife's interview in Mexico to coincide with our wedding, then fly here, and then wrap up with the adjustment of status. But my fiancée really wants to be able to travel back to Mexico now and then, and so getting this Advance Parole approval seems like a drag.

Another caveat is that my fiancée wants to work as soon as we start living together after September.

Given our circumstances, is one of these options better than the other? Or are there other options that make even more sense? For example, could we do nothing at all with the authorities, have our wedding in September, then fly here together and file the concurrent approach all in one fell swoop?

Thanks to all for your help.

Based on timeline alone, you should file the K-1 visa because that will likely be 6-12 months of processing from now (being separted by borders). If you wait until September and actually get married in Mexico, you will have 6-12 months of processing AFTER your marraige (also beign separated by borders). You can have a ceremony in Mexico, but DO NOT MAKE IT LEGAL OR YOU WILL HAVE TO CANCEL YOUR K-1 VISA AND REFILE USING THE I-130! Say that the party was for her family and that you are waiting to marry civily in the United States at your interview if they ask about the party. If she can travel to the USA with another kind of visa, she might have some trouble getting in since the Point of Entry police will know that there is a K-1 visa application in the works, but many have been able to travel as long as she plans on returning to Mexico as long as she can prove she does not intend to break the law, or can prove that her stay in the USA would be brief.