K1, K3, 1-190...We don't know what form to fill out.

[PriyaB 13]

Hi,

I have been reading through this board for a little while and havent found a thread to answer my questions so I thought I would out line my issue here.

My Fiance and I meet online and have been dating for over two years. He is American and lives in Cleveland and I am Canadian and I live in Toronto. He has been staying with me in Toronto for the past few months as we plan our wedding and he looked for a job. Recently he got hired in a well paying job in Cleveland and will start in September.

We had been waiting for him to get a job before we put through our immigration papers. We had intended to file for the K1 - Fiancee Visa but realise that might not work for us. We are getting married on July 12th, 2014 in Toronto.

So we decided to change the to the K3 or 1-190 Spousal Visa...but then we realised that if we waited until July to get married we couldnt file our papers until september as it takes 6-8 weeks in ontario to get your wedding certificate.

Now we are going to the courts this friday and getting a quicky wedding and so we can put through for the spousal visa asap.

Are we doing the right thing? Can we apply for a K1 even though we are marrying in july in toronto? or should we continue with our plan for a quicky paperwork marriage on friday so we could send out the 1-190 asap?

We are so confused. We have been going back and forth of so long and just want to minimise the time we spend apart after our wedding.

My Fiance has a great job so will be able to completely support me in the US when I do get there.

Can anyone help us decide which route to take? We've filled out so many forms but we have no idea what to send!

[M&G 6]

If you're getting married, you shouldn't apply for a K1 because it will be denied (you need to be single to get a K1). I'm sure other VJ members can correct me if I'm wrong, but I think that as the spouse of a US citizen, you should apply for a CR1/IR1 visa, not a K3. It seems that USCIS doesn't do K3 anymore...

[milimelo 4,477]

For starters, it's I-130 and not I-190. Get married and follow this guide: http://www.visajourney.com/content/i130guide1

I wouldn't even consider submitting for K3 visa - that one's pretty much non-existent these days (less that 1% get it).

Good luck!

[NikLR 13,227]

To add, K1 visas are going very fast right now, but you MUST marry within the USA. So it will not work for your plan. Unfortuneatly you cannot have your cake and eat it too. You can do one or the other so it's important to decide what method is best for you as a couple.

http://www.visajourney.com/content/compare

K3 have gone through lately but if you live near Montreal (as in not near Vancouver) then there is zero point in even bothering as all CR1 visa interviews are conducted in Montreal.