Which One to Choose... K1 or K3 Visa

[masterpiece91 0]

Well, after searching through this site quite a bit i decided to submit my own topic. I am currently new to this site and i came here looking for some help and possibly some answers. I recently got engaged about 3 weeks ago while my current fiancee was visiting me for a 3 week stay. We have been a couple for almost 2 years and we figured it was time to move on to the next step.

My question is which visa we should go on. She currently has a visitor's visa and could come and go as she pleases. If we decide that she comes here with her visa and within two months we get married, is that going to cause us any headaches? and if we go with the fiancee visa is there any chance of the visa getting denied?

We really are not fond of the waiting period we have with the fiancee visa and would prefer to just have her come here on her visitor's visa and just get married within a 2 month period. What do you guys suggest? And what are the risks that we run if we decide to go without the fiancee visa? I really appreciate your help.

[payxibka 10,048]

My question is which visa we should go on. She currently has a visitor's visa and could come and go as she pleases. If we decide that she comes here with her visa and within two months we get married, is that going to cause us any headaches? and if we go with the fiancee visa is there any chance of the visa getting denied?

Not just with a K-1 petition... any petition or visa application has a chance to be denied

We really are not fond of the waiting period we have with the fiancee visa

None of us are fond of it either you are not alone

[1HappyGuy 45]

You will find that the opinions will vary on this site. For one, the visitor visa is issued with the understanding that the person is coming for a short time only. There can be issues if he/she arrives and then gets married. The K-1 visa (fiancee visa) takes generally about three months to get an approved application. The process after that depends upon the country of the fiancee and it's individual processing time. If your fiancee has the ability to return to America on the visitor visa, why not use that until the application has been approved. Then return to his/her country, complete the remaining items, attend the embassy interview and return to America with the K-1 visa.

It sounds to me like you have a pretty good option here.

[Yodrak 7]

masterpiece,

This is something that is very fact-specific and is best discussed in a consultation with an immigration attorney.

Yodrak

.... And what are the risks that we run if we decide to go without the fiancee visa? .....

[masterpiece91 0]

If your fiancee has the ability to return to America on the visitor visa, why not use that until the application has been approved. Then return to his/her country, complete the remaining items, attend the embassy interview and return to America with the K-1 visa.

So are you telling me that despite us submitting a request for a K1 visa she could still come here on her current visitor's visa? That would be incredible and it would answer all our needs. She is from Ecuador.

[payxibka 10,048]

If your fiancee has the ability to return to America on the visitor visa, why not use that until the application has been approved. Then return to his/her country, complete the remaining items, attend the embassy interview and return to America with the K-1 visa.

So are you telling me that despite us submitting a request for a K1 visa she could still come here on her current visitor's visa? That would be incredible and it would answer all our needs. She is from Ecuador.

Are there risks to her visiting with a petition in process? Certainly. As with any attempt to enter a country... nobody can guarantee that she will be allowed, as that is an individual decision made by a CBP officer at the POE. They simply might assume she has an intent to immigrate and deny her entry or they will allow her to pass.... Nobody can tell you which way it will happen......

[masterpiece91 0]

Are there risks to her visiting with a petition in process? Certainly. As with any attempt to enter a country... nobody can guarantee that she will be allowed, as that is an individual decision made by a CBP officer at the POE. They simply might assume she has an intent to immigrate and deny her entry or they will allow her to pass.... Nobody can tell you which way it will happen......

Ok maybe i should rephrase my question. Upon submmitting a K1 visa application does her current visitor's visa become null and void or is she allowed to keep it until K1 visa is approved?

[payxibka 10,048]

Are there risks to her visiting with a petition in process? Certainly. As with any attempt to enter a country... nobody can guarantee that she will be allowed, as that is an individual decision made by a CBP officer at the POE. They simply might assume she has an intent to immigrate and deny her entry or they will allow her to pass.... Nobody can tell you which way it will happen......

Ok maybe i should rephrase my question. Upon submmitting a K1 visa application does her current visitor's visa become null and void or is she allowed to keep it until K1 visa is approved?

Null and Void? No. However, even with a valid visitor visa, it does not guaranty entry into the country. If they assume "intent to immigrate" at the POE, they can still deny entry......

[masterpiece91 0]

I really do appreciate all your help guys... you have been very helpful. And if anyone has any additional information, please feel free to post it. thanks!

[mozplay 29]

If you apply for the K-1 with your fiancee in the US, then no, she does not have to leave automatically, if that is what you are asking. She can stay for the entire lenght allowd by her visitors visa. She would need to return home for her medical and interview though and also to collect all the necessary information. Be sure not to overstay though.

However, would this post help you? Is this the situation that you are in?

http://www.visajourney.com/forums/index.php?showtopic=45300

[masterpiece91 0]

Thank you mozplay, this link has all the answers i was looking for. I will definitely read on and get as much information as possible and eventually meet with an immigration lawyer to get his say. I just want to make sure i am informed before i meet him so i know what he is talking about. From the looks of it, it seems she will have to go through the K1 visa process in order to make sure that there is no open door for immigration to deny our claim.

Once again thank you very much and again if there is any additional information anyone else has please feel free to post it. thanks!

[SM&LP 0]

I really do appreciate all your help guys... you have been very helpful. And if anyone has any additional information, please feel free to post it. thanks!

Hi, let me tell you my story. I entered to the US with my tourist visa at the end of october, i was going to visit my boyfriend, the US citizen and the guys at inmigration gave a hard time (with a second interview waiting for almost 2 and half hours) since they werent so happy that I came to visit my boyfriend with a tourist visa. I explained several times that he was not my fiance yet and after those hours they called my boyfriend who replies exactly the same as I was. After 2 weeks we got engaged and we went to ask to inmigration people by phone and with interviews and what they told us is that since I entered with that second interview if we got married there it was going to be a big mistake since they made the fiance visa K1 to get married. They even let me stay more days, they just gave me 30 days.

I am also from Ecuador, and since we have passed from that, I will just tell you not to take the risk, since these guys told us that it will be a big black mark if we started the K3 visa.