K-3 or K-1

[andrea&roberto 1]

Which is faster or better? the K-3 or K-1? We were originally going to get the K-1 visa, but it sucks to wait 1 year, or however long it takes. so then, after i graduated school, i was going to move to brasil, get married, and live there for 2 years, because we thought that if we married in brasil, we'd have to stay in brasil for 2 years in order to prove our marriage was legit. but i was told, by USCIS that that is incorrect. we could get married in brasil, then apply for the k-3 visa, which only takes about 4 months...so, that's what we're deciding to do.... are we doing the right thing to get Roberto to the US the quickest?

[ohiobuck 0]

Hello, I will give you a quick update from my personal experience and what I have learned but just like everyone on here who isn't a lawyer I am not an export just learned from a lot of research and my experience. My husband and I decided to go the K3 route. Why because it has some more advantages, when your spouse is here they can go to work right away and soon they will get their greencard from the I130 process. In short I fired for the I130, got the receipt from that then filed the 129F for the K3 Visa once I could send a copy of the receipt from the I130. This process can take about 8 months - 10 months on average. The K1 from what I can tell only goes maybe two months faster, and your spouse can't work when they come here and you can't file the I130 at the same time. The I130 is taking about 10 months - 1 years to process. So I recommend you do a lot of homework and reading, check out

http://www.state.gov/

http://travel.state.gov/visa/immigrants/ty...types_1309.html

http://www.dhs.gov/dhspublic/

http://uscis.gov/graphics/othergov/index.htm

You can live here in the US as you process these papers if you need to get a job. But also if you want you can live in Brazil with your wife and process the paperwork through the local consulate that way. If you can do that you might want to do that, but check out if that would work best for you. Keep in mind you require all the same paperwork, like the affidative of support which meets the income level. If you don't have this, don't worry you can get a co-sponsor to do this for you.

I tried to keep this short so you can way some things.

-How long it really takes

-Advantages of K3 (can work and do I130 at the same time)

-K1 couple months faster, can marry in the US, and I have heard sometimes more likely to be denied from some countries vs. the K3 but not reallly sure if this is true.

I wish you the best of luck and have fun doing your homework to find out the immigration process to decide what is best for you and your wife. Also consider getting a lawyer to help you, they know things you might not know about, to avoid decisions and I have found I would always find out more after each step was done that I wish I had known before and I was grateful I had the lawyer to help me avoid the delays I might have caused our case.

Good Luck!

Which is faster or better? the K-3 or K-1? We were originally going to get the K-1 visa, but it sucks to wait 1 year, or however long it takes. so then, after i graduated school, i was going to move to brasil, get married, and live there for 2 years, because we thought that if we married in brasil, we'd have to stay in brasil for 2 years in order to prove our marriage was legit. but i was told, by USCIS that that is incorrect. we could get married in brasil, then apply for the k-3 visa, which only takes about 4 months...so, that's what we're deciding to do.... are we doing the right thing to get Roberto to the US the quickest?

I

[aussiewench 9]

Which is faster or better? the K-3 or K-1? We were originally going to get the K-1 visa, but it sucks to wait 1 year, or however long it takes. so then, after i graduated school, i was going to move to brasil, get married, and live there for 2 years, because we thought that if we married in brasil, we'd have to stay in brasil for 2 years in order to prove our marriage was legit. but i was told, by USCIS that that is incorrect. we could get married in brasil, then apply for the k-3 visa, which only takes about 4 months...so, that's what we're deciding to do.... are we doing the right thing to get Roberto to the US the quickest?

That is correct.......You dont have to wait for 2 yrs in Brazil to show that your marriage is legit. As for which is better for you, the K-1 or K-3 that is totally up to you. Have a read of the comparitive charts HERE Also check out the timelines for Brazil here K-1 and K-3

Also read the Guides section for both K-1 and K-3 to get a handle on what is required for each visa

Much also depends on which service center you are required to submit the I-129F petition for the K-1 fiance visa, which varies in length of time it takes to be approved....as opposed to the I-129F petition submitted to the NBC (National Benefits Center) for the K-3 visa which are all processed there regardless of area of residence. Check out the processing times for the various petitions HERE

Note: When wanting to go the K-3 route, one first submits the I-130 to the service center covering your area and once you receive the NOA1 the I-129F is submitted to NBC

[ccdr14 0]

I noticed that one of the posts for this comment stated that under a K-3 Visa one can go to work immediately. That is not true. For a K-3 Visa once they arrive here you will have to file for a EAD. (Employment Authorization Document) That's going to take a month or more in order to process it. Then you take the EAD and apply for a Social Secuirty card. The K-3 does not give immediate work authorization were as the K-1 does. Coming here under the K-3 will also require the K-3 holder to file for an Adjustment of Status in order to obtain a Green Card. That process take many months and involves biometrics, possible medical, and interview prior to the USCIS issuing a Green Card.

[Flames9_RN 358]

I noticed that one of the posts for this comment stated that under a K-3 Visa one can go to work immediately. That is not true. For a K-3 Visa once they arrive here you will have to file for a EAD. (Employment Authorization Document) That's going to take a month or more in order to process it. Then you take the EAD and apply for a Social Secuirty card. The K-3 does not give immediate work authorization were as the K-1 does. Coming here under the K-3 will also require the K-3 holder to file for an Adjustment of Status in order to obtain a Green Card. That process take many months and involves biometrics, possible medical, and interview prior to the USCIS issuing a Green Card.

K1 does not give immediate work authorization!! Your thinking ot the cr-1/ir-1

http://www.visajourney.com/forums/index.ph...om&page=compare

[Peikko 1,575]

Also, just to be clear, a K3 has the choice to adjust status in the US or continue with the CR/IR1 application which requires a return to the US embassy in the home country of the foreign spouse.

Not sure if that was clear, but it was meant to be

[Yodrak 7]

flames,

Yes, K1 does give immediate employment authorization. However, that employment authorization is short-lived, only 90 days from the date of entry - the employment authorization expires along with the status.

What most K1s do not have is a USCIS-issued document that is evidence of employment authorization, an essential document to have if a K1 wants to take advantage of their employment authorization while it lasts.

Yodrak

K1 does not give immediate work authorization!! Your thinking ot the cr-1/ir-1

http://www.visajourney.com/forums/index.ph...om&page=compare

[Flames9_RN 358]

apologize if I gave incorrect info. I went the cr-1 route. From the reading ons VJ Many said to work on the K1 or K3 you required an EAD, and the majority of POE's did not give them out. Maybe I was thinking of something else, thus the majority of people were not able to work right away as a cr-1/ir-1 can.

[Marilyn. 340]

I am pretty sure you need an EAD to work if you enter on a K1 visa