HELP, which petition to file, K1, K3 or I130

[Javi&Kel 0]

Hello Everyone,

I am thoroughly confused. I have done extensive research, most through this website and some through basic Google search as to what petition or process to start with my foreign fiance. I even consulted one of those immigration lawyers today to gain some insight, and let me just tell you, he ended up throwing me off even more. I reluctantly made an appointment with him for next Monday, but I am afraid I won't have the right questions, and will end up paying tons of money. That is why I am resorting to you all.

My situation is fairly simple, I met the love of my life who lives in Costa Rica through a mutual friend (my roommate,) and we started an online friendship which soon turned into something else. I have gone to Costa Rica twice now to visit him, and on this last visit we decided we wanted to get married, be together and live happily ever after, excuse my chessyness. Anyway, we are engaged, and we have gone through all our options, K1, K3 and now new to me I-130. I am a US Citizen, we have never been married before, I have a stable job, and I myself have a four year old boy.

Our main purpose is to be together, we plan to live in Chicago for a few years, so I can finish my bachelor's and eventually move back to Costa Rica. We do not know which process is faster, more efficient, K1, K3 or I130. I've read everything on this website and all the startup guides but I am still confused. Please if anyone is going through something similar or can offer Individual input not just refer me to the main guidelines, I would appreciate it. My main route was the K3, I am going to CR with my son on 8-26-14, and we plan to get married on 08-30-14. Should I file the K3, or the I-130, the immigration lawyer told me the K3 filing will be eliminated once the I-130 is filed, I don't understand this, also I am beginning to think whether we should just NOT get married and do the K1. Evidence worries me. Thanks in advance!!

[Harpa Timsah 13,258]

K-3 is dead so the choice is fiance visa (k-1) or spousal visa (CR-1).

If it is important to get married in Costa Rica, then get married and then file for the spousal visa.

A K-1 requires that you marry in the US and it is more expensive.

Edited July 9, 2014 by Harpa Timsah

[Javi&Kel 0]

Thank you Harpa, for your speedy response.

Which is faster though? K1 or CR1? I'd rather do the K1 if it means we are separated less time. I;ve read here the turnaround time for K1 is fairly quick, I would like to know how long the CR1 process takes.

[Boiler 45,486]

K1 is usually quicker but you said you were getting married?

[Ed and Gina 45]

K1 is likely faster. You'll adjust status in the States. In the end, it will be a bit more expensive.

As mentioned above, the K3 is considered to be "dead." Not exactly. Ours was approved and my wife has an interview at the end of the month! But, typically, a K3 is approved at the same time as the I-130/CR1 whereby the K3 is administratively closed.

The CR1 is the superior visa. No one likes to wait. It will take anywhere from 8 months to a year. A K1...depending...about 1/2 of that...as long as everything is in order.

Good luck

[Javi&Kel 0]

K1 is usually quicker but you said you were getting married?

Hi, yes we are, however If I find through my research that K1 is faster, we will do that and get married here.

Question for everyone, it may sound naive- I've only been to Costa Rica twice, with this August trip being my third. Will that raise any red flags, and possibly end up in denial. The fact that we have a very short relationship and have only met a handful of times, or is this common?

I guess K-1 is a challenge for me because I am afraid it will be denied due to the evidence, or the length of the relationship. We love each other and want to get married, our priority just like everyone else is to be physically together in the same city.

[Javi&Kel 0]

K1 is likely faster. You'll adjust status in the States. In the end, it will be a bit more expensive.

As mentioned above, the K3 is considered to be "dead." Not exactly. Ours was approved and my wife has an interview at the end of the month! But, typically, a K3 is approved at the same time as the I-130/CR1 whereby the K3 is administratively closed.

The CR1 is the superior visa. No one likes to wait. It will take anywhere from 8 months to a year. A K1...depending...about 1/2 of that...as long as everything is in order.

Good luck

Thank you so much for your response, and congratulations on your wife's interview! CR1 sounds very effective, although it could be a bit more lengthy. My main question is, what is the difference between CR1 and K3? Sorry to be so misinformed, but did you file both? And what benefit do we gain from filing both. Like I mentioned in my original post, a lawyer I consulted told me the I130 (CR1) eliminated the K3. How so?

K-1 sounds like faster route, but evidence is my concern.

Thanks!!

[Boiler 45,486]

I would start by reading the guides on this site to give you an overall view.

[Ed and Gina 45]

Thank you so much for your response, and congratulations on your wife's interview! CR1 sounds very effective, although it could be a bit more lengthy. My main question is, what is the difference between CR1 and K3? Sorry to be so misinformed, but did you file both? And what benefit do we gain from filing both. Like I mentioned in my original post, a lawyer I consulted told me the I130 (CR1) eliminated the K3. How so?

K-1 sounds like faster route, but evidence is my concern.

Thanks!!

You have to file an I-130/CR1 before filing I-129F/K3. However, you have to be married to do that. As I understand it, you're not married yet. So, K1 is your only route.

You might need a new lawyer. The CR1 did not "eliminate" the K3. The K3 was created as a hybrid visa because I-130 processing times were extraordinary - the K3 allowed married couples to be together sooner - but complete their processing in the States. Currently, USCIS claims that they're processing I-130/CR1 petitions within the 5 months allowable time frame. That makes the K3 a no go, for the most part. My wife and I did get a K3...but, at the time that I petitioned for her, the processing time at USCIS was 9 months! We were lucky that the USCIS did not approve the CR1 at the same time as the K3 - otherwise, the K3 would be administratively closed and the CR1 would be processed.

Don't concern yourself with the K3 - at this time, it is highly unlikely that it will be approved. Since you're not yet married, just go with the K1, marry in the US and then Adjust Status in the States.

If evidence is a concern...depends on what you mean. As long as you can prove that you've visited him - at least once - and that the two of you continue to communicate on a regular basis and that your intentions for a lifelong relationship - in marriage - it shouldn't be a problem. Unless there's something in his past - such as overstaying a visa, illegal entry, or whatever.

I would not tell the govt that you intend to move back to Costa Rica permanently! That would raise red flags.

[kehills 217]

In general, the timeline for a K1 VISA is shorter than the CR1. However, Texas Service Center is very backed up right now, so if that's where you end up at, it could take as long/longer than CR1.

You guys are going to be apart for a while. You need to accept that, and then you need to figure out which process is better for your case. You need to think beyond time apart; also think about your finances, his finances, his work, what he hopes to do here, and all the other things like that.

I would not tell the govt that you intend to move back to Costa Rica permanently! That would raise red flags.

Be prepared for the government to ask if you two plan on moving back to his home country, and if they do, don't lie. I'm not sure why it's seen as a red flag, but it did come up during my now-husband's interview, and he answered truthfully (that we do intend to eventually split our time between the two countries, but that's a while out/away). (And as he's my husband now, you can see it didn't stop our K1 from being approved, without issue.)

[Ed and Gina 45]

In general, the timeline for a K1 VISA is shorter than the CR1. However, Texas Service Center is very backed up right now, so if that's where you end up at, it could take as long/longer than CR1.

You guys are going to be apart for a while. You need to accept that, and then you need to figure out which process is better for your case. You need to think beyond time apart; also think about your finances, his finances, his work, what he hopes to do here, and all the other things like that.

Be prepared for the government to ask if you two plan on moving back to his home country, and if they do, don't lie. I'm not sure why it's seen as a red flag, but it did come up during my now-husband's interview, and he answered truthfully (that we do intend to eventually split our time between the two countries, but that's a while out/away). (And as he's my husband now, you can see it didn't stop our K1 from being approved, without issue.)

Agree with the above...additionally, I wasn't suggesting "lying" - just don't volunteer info unless asked. Always be truthful when asked a question. Splitting time v. permanent move...might be viewed differently.

[Javi&Kel 0]

Well Thank you all!

We do plan to be very thruthful, and whatever is asked will be answered honestly, but I also agree that we shouldn't give out any information that isn't neccessary.

After much talk, we have decided to go the K1 route, both our families and ourselves (me, not so much,) are very catholic and would prefer a Church/Destination Wedding in Costa Rica, AFTER our small civil wedding in Chicago, that way both our families can attend, and we would still be legally wed here in the States, thus allowing us to adjust his status.

I have a few questions that maybe you insightful folks can help me with;

1. I am filing at the Dallas, TX Lockbox, which is the one I found on the USCIS website, I live in Chicago- does anyone know which service center pertains to Chicago? I am hoping it is NOT Texas, as I did read all the waiting stories, and it breaks my heart.

2. We do not plan on having a big wedding here in Chicago, when we file for adjustment of status, will this be a problem? Will they require pictures, and so forth?

Again, thank you all, I cannot stress how helpful this website has been, life saver!!

Edited July 10, 2014 by Kellemj

[kehills 217]

Agree with the above...additionally, I wasn't suggesting "lying" - just don't volunteer info unless asked. Always be truthful when asked a question. Splitting time v. permanent move...might be viewed differently.

Actually, I'm pretty sure that he said after a decade or two in the US, we'd probably move to Oz, but we might split time between the two, we hadn't really figured it out. This might be the sort of thing that comes up more when people are moving from one developed country to another, though. (He was asked why he was moving to the US instead of me moving to Australia.)

[Ed and Gina 45]

Actually, I'm pretty sure that he said after a decade or two in the US, we'd probably move to Oz, but we might split time between the two, we hadn't really figured it out. This might be the sort of thing that comes up more when people are moving from one developed country to another, though. (He was asked why he was moving to the US instead of me moving to Australia.)

True! And, Australia is pretty cool. My wife's best friend lives there with her husband. It has been on my bucket list of places to visit and explore for quite some time! My wife been there...she's been to a lot of places! We, too, are considering splitting time between US and the PI. Much less expensive to retire there than here...but, there are some trade-offs, to be sure.

[Nick&Diane 32]

Congratulations on the engagement!

With your concerns regarding proving that your relationship is genuine, take a look at the kind of evidence you can submit in your i129 petition(heavy front-loading of your petition might be the way to go). For examples (written timeline, photographs, Skype chat logs, emails, gifts receipts, etc), read the forum guides.

It might be worth trying to find out the success rate for fiancé visa applications in Costa Rica.

To add further clarification regarding the K3 (I remember being really confused about this at the beginning of our visa journey), the K3 was introduced back in the day when spouse visas took years. If processed, the K3 visa application should take around a year. Since this is how long the CR1 visa takes these days, the K3 is a redundant process. This is how I understand it any how - I'm sure more knowledgeable members will correct me if I am wrong.

Check whether there are limitations on your future husband's travel outside the US whilst he adjusts status - might alter your Costa Rican celebration timeline. - What ever you do, do not have the Costa Rican celebration before your wedding as it might be misconstrued as a wedding.

Edited July 10, 2014 by Nick&Diane