K-1 vs K-3

[Forever123 4]

Hello all!

First off, I am so excited to find Visa Journey. This is exactly what I needed during this time, what a relief!

I have a couple of questions:

Fiance and I want to start our process ASAP. Right now we are looking for lawyers and checking out prices etc.I have been to some consultations (which aren't free btw) and the lawyers always tell me the same thing: "Why not just do the K-3 visa? Will be much better, easier, and faster. He can come here on a tourist visa get married and go back, or you can go to Spain".... yeah do they know how much plane tickets costs?! Fiance & I want to be together as soon as possible, start our lives together, I feel like if I can have him here while we wait on the Update of Status, I'm okay with that, as long as we are together. Is there a reason they keep suggesting the K-3? Is it really "better"?!

Other questions:

I was married once before and my husband at the time had his adjustment of status through me (his temp 2 year resident card). At the 2 year mark when it was time to apply for his permanent residency our relationship was ill but I was willing to work on it. So I signed for him to get his permanent residency. He got into some really BIG legal trouble, I just couldn't deal with him, so I left to visit my family in Spain. In May 2013.. (This was almost 2 years ago) I met the man who is now my fiance. We didn't start a relationship right away, but with he helped me realize that I could not be with this manipulative, and emotionally abusive man that was my husband. We started a relationship and I decided once I would get back I would get a divorce. I should mention my ex-husband never received his permanent residency, I do not know if that was because of our divorce or his legal issues, regardless, not my problem any more. (He married a month after our divorce and she had a baby like 6 months later).

Because of now ex-husbands legal issues, I refused to get divorced without a lawyer. He refused to pay for it (said he was still in love and cried alligator tears) , so until I had the 1,0000 dollars to spend on a lawyer I had to wait to be divorced which was sometime in Jan 2014. Divorce was final in March 2014. In my divorce papers it does say we separated in Aug of 2013.

I mention this because every time I mention this to a lawyer they look at me like I am crazy! One lawyer said to me that the dates not might not work out and we might have to wait to apply for the K-1 since we haven't been together for two years AFTER I divorced. She says that immigration will not consider that year a valid relationship because I was married. I have been to see him so many times after we met (thank you student breaks and extra student grants) and we are so in love and it hurts my heart that because of my first marriage this could be ruined.

Any advice is greatly appreciated!

P&L

[TBoneTX 45,329]

Welcome to the forum! Because you're weighing visa paths, I'm moving your thread from the K-1 Process forum to the "What Visa Do I Need" forum. Good luck, however you proceed.

[Moderator hat off]

Edited to add: Avoid any lawyer who suggests a K-3. That visa type is nearly dead and is inferior to the CR-1.

Edited January 23, 2015 by TBoneTX

[CAdreamer 14]

I can't answer a lot of your questions, but I can speak to your final point. I suppose it might depend on what country the beneficiary is from (ie, if it's a high fraud country, you could have more trouble), but for me, coming from Canada, it was no problem, My ex and I separated in 2007. I didn't file for divorce until after I met my USC fiance in 2010. My divorce was finalized, and we filed the application for the K1 visa the next month. We had only known each other for a year at that time, and I had only been officially divorced for a month, and I got the visa. As far as I'm aware, there is no minimum time you and your fiance need to have been together -- only that you have physically been together at least one time in the previous 2 years.

Hope that helps.

[Forever123 4]

I should mention, he lives in Spain!

[TBoneTX 45,329]

Duplicate threads merged -- one already existed in the "What Visa" forum.

Please post just once on a single topic.

[canadian_wife 1,822]

Forget the K3 and any advice for that visa path.

The visa decision is really a personal one. What do you value more? Speed (then K-1 because you can file TODAY and it is generally a faster route). For us, it was the ability to work immediately upon arrival as well as cost. So we went the Cr-1 spousal visa route. Yes it took longer but it best fit our wants and needs.

See the 'guides' tab at the top of the page, there is a link that compares the cost and speed of the two visa types - remember, disregard anything about the K-3

good luck

[Forever123 4]

thanks Canadian wife!!

[belinda63 3,038]

The K-3 visa is the best way to go for the lawyer since they can charge you all sorts of money....filing for the K-3 then filing to adjust status when he gets here. Also it shows ignorance on the part of the lawyer since the K-3 route is almost (99%) always closed. As to the fiancé visa, you don't have to know each other for two years to file for it. You have to prove you met in person at least once in the past two years and that submit letters that you intend to marry within 90 days of arrival, and of course, be free to marry when the petition is filed and during the entire process.