K1 vs K3

[ThePeck 0]

This might sound silly and my original goal might not have been good because I might be considered misrepresentation.

 

Anyway I'm a US citizen and married a Cambodian. Initially I was going to do a immigration application for her but it's daunting and the required paperwork would be difficult for her to get without me there to assist her. Then a friend said I should still be able to do a Fiance visa because they (US Government) doesn't know we are married in Cambodia and can get her over on that and get another license just at the court. And then do everything here. Then today I just saw again the K3 visa, meaning I can get her here still and then do the immigration paperwork, but under the premise that we are married. I still file the I-129F.

 

I know the immigration process can be done easily but I seem to be having problems and thus procrastinating.

 

Just wanted to get the Forumites opinion.

[OutOfThisWorld 87]

With friends like that, who needs enemies? You know better.

[canadian_wife 1,822]

You do not qualify for the K1 visa.  And you would be shocked at what the U.S. government knows.

 

Your K3 information is outdated.  The Cr1 spousal visa is what you'd chase.  The K3 was used when the spousal visa was taking years to approve.  Since that is no longer the case, the K3 is obsolete. 

 

Good luck 

[ThePeck 0]

1 minute ago, OutOfThisWorld said:

With friends like that, who needs enemies? You know better.

Ya I know lol but I just got into looking into the different visa categories.

 

Just now, canadian_wife said:

You do not qualify for the K1 visa.  And you would be shocked at what the U.S. government knows.

 

Your K3 information is outdated.  The Cr1 spousal visa is what you'd chase.  The K3 was used when the spousal visa was taking years to approve.  Since that is no longer the case, the K3 is obsolete. 

 

Good luck 

Ya even the embassy in Cambodia contacted the guy that handled the paperwork for the government there to ask about when I was going to submit her immigration paperwork. I was concerned why they were contacting him and not me. But that's besides the point. I remember know the K3 is obsolete. I just happened to pull up the k visa types and saw it. I'm surprised the DoS site doesn't mention that it is obsolete, maybe it's deeper in it.

[geowrian 22,337]

Trying to do the K-1 and hiding your marriage is fraud. Not only are the consequences very severe, but any immigration benefit obtained this way could be revoked at any point. Do not do this.

 

As stated above, K-3 is obsolete. Just do the CR-1/IR-1. It's still on the books so they have to make the information and forms available, but nearly every case is administratively closed at NVC. There were ~120 issued during all of last fiscal year (compared to over 120,000 spousal visas). K-3 is a relic from back when spousal visas were taking multiple years to process.

[Coco8 1,042]

35 minutes ago, ThePeck said:

TThen a friend said I should still be able to do a Fiance visa because they (US Government) doesn't know we are married in Cambodia and can get her over on that and get another license just at the court.

 

The consulate does a lot of background checks on people. Of course they will find out you are married! It has happened before. They even deny K-1 visas if they find that people have had religious ceremonies even when those are not legally binding. I few months ago they even went to the house of a guy who was married to another woman and trying to get a fiance visa with an American. 

 

You need to do an IR-1.

 

38 minutes ago, ThePeck said:

 Initially I was going to do a immigration application for her but it's daunting and the required paperwork would be difficult for her to get without me there to assist her.

 

I am not sure why you say this. Basically, you need a copy of the marriage license, and some paperwork. You fill in everything and help her with her part via Skype. The US citizen has to mail everything to UCSIS in the US. When you get to the consulate stage you can go there to help her with additional paperwork or you can travel at the time of her interview. 

 

A K-1 is not less paperwork. 

 

 

 

[Peot 161]

CR-1 is what you want. not K-1.

IR-1 if you've been married for more than 2 years.

 

Don't commit fraud. It doesn't take a lot of checking to confirm whether you're being truthful or not. Marriage status follows you.

There's no point in telling you the ups and downs of the K-1 since it doesn't apply to you at all.

Edited July 18, 2017 by Peot

[Crazy Cat 41,888]

50 minutes ago, ThePeck said:

Ya I know lol but I just got into looking into the different visa categories

There is only one visa category for your situation- CR-1....

[Prystine 184]

As other's have already stated, you need to follow the CR1 route. Everyone here has been where you are in feeling overwhelmed at first when trying to figure out this process, take a deep breath and use the guides on here and if you have a question in the steps given, ask. If your case is pretty straight forward, its just a matter of gathering all the documents needed and following the steps outlined in the guides accordingly.