K1 or K3 ?

[ozecpo 0]

Hello guys,

After k-1 denial, our lawyer is insisting that re-filing K-1 fiancé visa has a better chance to get faster approval (NOA2).

We were planing to get married in my fiancées home country and reapply for K-3 marriage visa. Now, we are confused. Any advise would be greatly appreciated.

Thank you in advance, and good luck to all of us

[LORIEandPHIL 123]

It would help if people knew why you were refused. Depending on the reason, you would obviously have to fix that first. If you just re-file exactly as you did last time, then you can expect the same result.

[ozecpo 0]

We were denied because of a filing mistake of our lawyer did.

(lack of photo and signature)

[hellraiser 42]

Something the lawyer didn't share with you. Due to lack of those, you may get an RFE (request for evidence) but refusal is not likely. Big you are getting married, why not CR1/IR1?

[ozecpo 0]

Why we got denial: becaused of missing passport pictures and missing signature of petitioner (that's me).

Why not CR1/IR1? Because we want to have the fastest option. Thank you.

Missing picture and missing signature on G325A that is.

[Hypnos 6,576]

The K-3 is tantamount to obsolete, and is rarely issued. You would instead be applying for a CR-1 or IR-1 if you chose the spousal visa route.

[ozecpo 0]

Please consider that my fiancé is overseas. We want to be together here. CR1/IR1 is not fast way for her to be here. K-3 maybe. What do you think folks?

[dwheels76 5,468]

Please consider that my fiancé is overseas. We want to be together here. CR1/IR1 is not fast way for her to be here. K-3 maybe. What do you think folks?

Okay hold up. So the I-129F Petition at USCIS was denied correct? Not the K1 Visa that would be a denial at the embassy? If you forgot all that you listed you would be at USCIS.

You sure you are denied and not just a RFE from USCIS? Or did your lawyer get an RFE and didn't reply in time and that would have given you a denial?

Sometimes speed isn't everything if its not going to get you the results you want. Since your denial is still at the starting stages you can file again pay the cost (why isn't lawyer paying its his error). Forget the K3. Just get your paperwork together right this time and refile the K1. You could surely do it yourself.

[ozecpo 0]

Dwheels yes petition at USCIS was denied. Our lawyer forgot to fill out one g325a for me (petitioner). This is my assumption. On the Denial letter also said petitioners passport pictures/signature missing.

Our lawyer responded RFE on time, but did not know he was suppose to include pictures and signature.

We will do it ourselves.

[ozecpo 0]

Why are you saying forget K3? Please explain.

[Transborderwife 4,666]

Why are you saying forget K3? Please explain.

K3 is obsolete. It's not handed out anymore.

[XXXYYYZZZ 20]

You would file the CR-1 and then file the K-3 paperwork after the fact. The K-3 came about when CR-1's were taking over a year to get an NOA2 from USCIS in the 1990's. Now CR-1's take the same amount of time as the K-3's did. People still can file the K-3 but 99.9% of the time the CR-1 is approved first and the K-3 is administratively closed. Some people believe it now adds extra time to your case because your adding extra paperwork.

So in reality the K-3 is dead. I haven't seen a single K-3 filer approved on here in the last year. The K-3 gets closed and the CR-1 moves on through the NVC.

Good idea to dump the lawyer. You don't need one for this process. Just read the instructions; it's that easy.

[Jo Së 200]

Refile for K-1 on your own, your lawyer obviously has not experience and did not know how to handle your case and most likely didn't reply to the RFE on a timely manner. It is not hard, just takes patience, and there is no middle man so it can be faster.

[TBoneTX 45,329]

*** Thread moved from the K-1 Case Progress subforum to the "What Visa Do I Need" forum -- OP has a choice of visa paths. ***

[ashleyphilly 70]

Are you going with the same lawyer? If you have a simple case, I would suggest not to go through a lawyer, and do it yourself. If you want the fastest route, K1 is the way to go.