K1 or K3 - similar question but not quite the same

[MsZ 6]

We're also trying to decide between doing a K1 or a K3 but I'm finding it confusing.

Here's our situation :

Me - NY

Him - Ottawa

I'd be able to use Vermont which seems positive.

Also, looking at the processing time between K1 and K3, am I reading it right that there doesn't seem to be much difference at the moment going through Vermont?

He's got children who will (unfortunately) remain in Canada. Being able to go back "home" will be important.

Of course, we'd also like for him to be able to work as soon as possible.

If anyone could make any recommendations, I'd appreciate it.

[YuAndDan 153]

Some go with K-3 if free travel is of concern K-3 is multi entry and can travel back and forth across border many times, K-1 enters USA but has to wait for AP to return to foreign country.

K-3 has to wait for EAD to be able to work, K-1 is work authorized and can work as soon as arrival into USA if passport is stamped EAD at the POE.

If immediate work in the USA, and travel is of concern then CR-1 may be the best option.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=compare

[pushbrk 12,877]

Some go with K-3 if free travel is of concern K-3 is multi entry and can travel back and forth across border many times, K-1 enters USA but has to wait for AP to return to foreign country.

K-3 has to wait for EAD to be able to work, K-1 is work authorized and can work as soon as arrival into USA if passport is stamped EAD at the POE.

If immediate work in the USA, and travel is of concern then CR-1 may be the best option.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=compare

Exactly right. If immediate work is important then just file an I-130 and wait for a CR1 visa. If he can wait three months after entry to begin work, then the K3 will be the fastest overall because you can file it right away and come and go as you please. The K1 will take the same three months or so to work but you can't be coming and going for at least a couple of those months. Some have walked into a USCIS office and gotten emergency Advanced Parole on the spot but since you won't know until after US entry, I wouldn't risk it if frequent border crossings are important.

Edited June 6, 2007 by pushbrk

[MsZ 6]

Will the K3 take significantly longer to process however?

Thank you for the responses, btw...

[Dan J 277]

It will take a bit longer than K-1. But it varies by service center and country. So look at the timelines and compare.