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In doubt between the K1 and K3 choices!

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Good evening everyone!

I'd like you to help me choose which visa would be better for us, so I'll explain our situation.

My fiance and I have been together since 2010. I live in Brazil, he lives in the USA. We see eachother once or twice/year for at least 1 month each trip.

We have been working on the paperwork for the K1 visa, and we have pretty much everything except a couple forms that I found out that have to be sign by ink (DOH!) and I still have to send it to him. BUT the tricky part is:

I want to start living with him ASAP. I'm graduating college here in Brazil in 2 months (YAY), and I've been looking at the K1 timeline. Apparently I'm going to have to wait around 7 months here in Brazil before I can travel and start living with him for good. While the K3 visa, says that after you get married, you don't have to go back to your home country and I could be with my fiance by the beginning of the next year after my graduation. I would travel on my visitors visa, which has a 3 months limit stay, get married within the first month, and start the K3 paperwork. Honestly, once I'm there, I don't mind how long it takes to get my citizenship/naturalization or whatever, all I really care is that I would be able to apply to start working in ~ 90 days (which you can do on both K1 and K3).

So, if I want to be with my fiance as soon as possible, which one should I choose? and why one not the other?

Thank you all in advance and I thank this forum in general for all the helpful information!

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- Duplicate topic removed, and topic moved from K3 Process & Procedure to What Visa Do I Need -

- OP is still deciding between fiance and spousal visa paths -

Eighteen years in the US and I still don't understand Velveeta, TV ads for prescription drugs, only getting 2 weeks paid vacation, or why anyone believes anything they see on Fox "News".

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K-1 I believe is faster because you can start fiing now, but both options are unpredictable.

7 months I assume is the average, but it could be more or it could be less depending on how your case is processed and in some ways circumstantial luck. There have been people who wait over a year for both types of applications or there have been people who only wait three months, etc. For the most part, you can't bypass or expedite the process and no matter what the timelines say you cannot control how long your case will take, and trying to predict it is going to make this process a lot more stressful and emotionally taxing.

K-1 Visa Process (182 days from I-129F filed -> Visa in Hand)

 

 

May 10th, 2015: Got Engaged!

June 12th 2015: Fiance filed I-129F, June 19th, 2015: (NOA1) Received at California Service Center

July 23rd, 2015: (NOA2) NVC received

Aug 31st, 2015: NVC Approved and fwd case to consulate in Montreal. MTL case # given.

Sept 8th, 2015: MTL received and sent P3 by mail, Sept 18th, 2015: P3 received in mail, Sept 18th, 2015: DS-160 completed and P3 documents sent by e-mail

Sept 21st, 2015: P3 Approved. Received P4 by e-mail, Sept 21st, 2015: Booked K-1 Visa interview for December 2nd, 2015!!

Oct 2nd, 2015: Booked Medical in Toronto for November 12th, 2015

Nov. 12th, 2015: Medical done in Toronto, ON with Dr Lyndon Mascarenhas. Highly recommend him!!

Nov. 17th, 2015: Medical results delivered by Purolator

Dec. 2nd, 2015: Interview in Montreal... APPROVED!!!!

Dec. 9th, 2015: CEAC status changed to Issued!

Dec. 11th, 2015: Ready for pickup at Waterloo location. Picked up and Visa in Hand!

 

K-1 AOS Process (72 days from I-485 filed -> Green Card in Hand)

Spoiler

 

POE: Dec. 16th, 2015 by U-Haul @ Port Huron <p>

AOS, EAD, AP (72 days from package sent -> Green Card in hand)

Jan. 1st, 2016: Civil Ceremony <3

Jan. 29th, 2016: Applied for SSN

Feb. 2nd, 2016: Sent off AOS packet

Feb. 9th, 2016: NOA1's received by text & e-mail

Feb. 13th, 2016: NOA1 hard copies received in the mail

Feb. 23rd, 2016: Biometrics letter in mail received for Feb 29th!

Feb. 23rd, 2016: SSN received in the mail

Feb. 29th, 2016: Successful Biometrics appointment in Tampa, FL

April 7th, 2016: Green Card in production!!!

April 11th, 2016: Green Card in Mail

April 13th, 2016: Received Green Card :)

 

 

Removal of Conditions Process

Jan 16th, 2018: Mailed Form I-751 to CSC

Jan 18th, 2018: USPS Delivered to CSC

Jan. 24th, 2018: NOA1 received in the mail

 

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K-3s are very rarely granted anymore due to the faster processing times of CR-1 immigrant visas. If you remain unmarried you would be applying for a K-1; if you got married you would instead be filing for a CR-1.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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