K1 or K3?

[Acslate 4]

My fiancee and I are debating which is the best route to take. The only thing she is concerned with is a K1 Visa is that she can't go back to her home country until the green card is processed, which I heard takes up to a year. If there is a family emergency or she has personal work for her job, she is self employed related, she may need to go back to Italy from time to time. Applying for the Advance Parole, who knows how long that takes in case of an emergency.   

 

We're debating to process the K1 visa anyways, and still try to attempt to get married in Italy. I just heard it voids the K1, and process starts all over with the K3 which converts into a CR-1? Myself being a veterans does it help with any other process? the only thing I see it benefits it proves I lived in Italy for the duration when I met her. So, if we do get married in Italy, and start the process for K3/CR-1 she can't enter the country until it's approved or she can still come to the U.S on a tourist visa? just seems CR-1 is the best choice because in a way gets straight to the point, the green card and applying for permanent residency. 

[Daphne . 1,853]

Yes, once you get married the K1 is out the window..

 

CR1 is the best option (in my opinion) for the exact reasons you mentioned yourself. The alien can work and travel immediately upon arrival in the US. 

It is possible to visit each other while the CR1 is in process. 

 

[aleful 1,905]

hi

 

the k3 doesn't exist anymore. plus no visa converts to another. read the guides about k1 to marry in the US, or CR1 if you marry in her country. those are the only options you have

 

 

[Becci391 339]

4 hours ago, Acslate said:

My fiancee and I are debating which is the best route to take. The only thing she is concerned with is a K1 Visa is that she can't go back to her home country until the green card is processed, which I heard takes up to a year. If there is a family emergency or she has personal work for her job, she is self employed related, she may need to go back to Italy from time to time. Applying for the Advance Parole, who knows how long that takes in case of an emergency.   

 

We're debating to process the K1 visa anyways, and still try to attempt to get married in Italy. I just heard it voids the K1, and process starts all over with the K3 which converts into a CR-1? Myself being a veterans does it help with any other process? the only thing I see it benefits it proves I lived in Italy for the duration when I met her. So, if we do get married in Italy, and start the process for K3/CR-1 she can't enter the country until it's approved or she can still come to the U.S on a tourist visa? just seems CR-1 is the best choice because in a way gets straight to the point, the green card and applying for permanent residency. 

You being a Veteran won't help. There are no special treats or that the application gets processed faster.

She can visit you in the US during the CR1 process but she needs to proof ties to Italy like a rental conract.

[Crazy Cat 41,845]

***Topic moved to What Visa Do I Need*****

[Crazy Cat 41,845]

The K-3 is virtually non-existent.  The CR-1 is the likely spousal visa.  You both need to study the options.  A K-1 visa means the marriarge MUST take place in the US.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

 

[Unlockable 7,314]

4 hours ago, Acslate said:

My fiancee and I are debating which is the best route to take. The only thing she is concerned with is a K1 Visa is that she can't go back to her home country until the green card is processed, which I heard takes up to a year. If there is a family emergency or she has personal work for her job, she is self employed related, she may need to go back to Italy from time to time. Applying for the Advance Parole, who knows how long that takes in case of an emergency.   

 

We're debating to process the K1 visa anyways, and still try to attempt to get married in Italy. I just heard it voids the K1, and process starts all over with the K3 which converts into a CR-1? Myself being a veterans does it help with any other process? the only thing I see it benefits it proves I lived in Italy for the duration when I met her. So, if we do get married in Italy, and start the process for K3/CR-1 she can't enter the country until it's approved or she can still come to the U.S on a tourist visa? just seems CR-1 is the best choice because in a way gets straight to the point, the green card and applying for permanent residency. 

Based on what you posted, my personal opinion would be to do the spousal visa (CR1). Seems the ability to travel back to Italy is an important concern. The spousal visa will immediately give her that ability.

 

K3 is virtually nonexistent so that is not an option anymore.

 

Thank you for your services but unfortunately it doesn’t help with the immigration process. 

 

Yes, your significant other can enter the US as a tourist with the proper visitor visa (B2) even if she has an ongoing immigrant process.

 

[NikLR 13,227]

Self employed, if she wants to continue working seamlessly and to travel, sounds like the CR1 is the route for you.  She can't work, even self-employed, under the K1 until she gets her EAD. 

She can still visit with either petition type.