K1 or k3 doubts

[Saihtiam 11]

Hey all! First time poster here. I’ve read lots and just wanted to start off by saying thanks to all the lovely people people on here providing help.

 

so my situation is difficult. I’m European living in Spain and my  US fiancée is living in Greece at the moment. We want to get married in the US but we don’t want to live in the States right now. After marrying we want to live together in Greece. 
 

In the Distant future (years down the line) we may want to live in the States. 
 

My doubt is if there’s any reason why I should get a K1 visa at all. Could I not opt for a k3 From Greece? I’m worried about 3 things. 
1. Will I be allowed to marry my fiancée in the US on a visa waiver which i can get as a European?

2. Will it put at risk potential future visa applications? Again, I wouldn’t be looking for an AOS while in the states to marry her.

3. I’ve read on here that you need to apply for the k3 from the country where you got married but this would hopefully be the States and we want to live and work in Greece after our honeymoon...

 

I’d appreciate any help or answers to my questions. Thanks 😊 

[Crazy Cat 41,166]

1.  Yes.  However, you can not stay in the US and adjust status.....You must leave the US to complete the CR-1 process.  It is not lawful to enter the US as a non-immigrant with the intent to stay and adjust status.

2.  See #1 above.

3.  K-3 visas are dead.  Only 5 were issued last year.  The CR-1 is alive and well for those who are married.  I recommend the CR-1.  You can file a CR-1 from anywhere in the world after marriage.

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

K-1 (requires marriage in the US after visa issue)
    Slightly faster arrival in the US 
    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

    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.
  �

 

Edited February 18, 2020 by missileman

[SalishSea 17,458]

14 minutes ago, Saihtiam said:

Hey all! First time poster here. I’ve read lots and just wanted to start off by saying thanks to all the lovely people people on here providing help.

 

so my situation is difficult. I’m European living in Spain and my  US fiancée is living in Greece at the moment. We want to get married in the US but we don’t want to live in the States right now. After marrying we want to live together in Greece. 
 

In the Distant future (years down the line) we may want to live in the States. 
 

My doubt is if there’s any reason why I should get a K1 visa at all. Could I not opt for a k3 From Greece? I’m worried about 3 things. 
1. Will I be allowed to marry my fiancée in the US on a visa waiver which i can get as a European?

2. Will it put at risk potential future visa applications? Again, I wouldn’t be looking for an AOS while in the states to marry her.

3. I’ve read on here that you need to apply for the k3 from the country where you got married but this would hopefully be the States and we want to live and work in Greece after our honeymoon...

 

I’d appreciate any help or answers to my questions. Thanks 😊 

Neither visa is for you if you have no intention of living in the US.  There are domicile and US income requirements for the petitioner, and residential requirements for maintaining a green card once you have it.

 

You can certainly come to the US and marry on your ESTA, and then return to Europe and she can petition you for a CR/IR-1 visa if and when you two decide to live in the US.

[Saihtiam 11]

I know people here are helpful but that was a really fast reply! Thanks to you both for your help!

 

Should I be concerned about convincing customs and border agents about my intent to leave after marriage?

[Crazy Cat 41,166]

Just now, Saihtiam said:

I know people here are helpful but that was a really fast reply! Thanks to you both for your help!

 

Should I be concerned about convincing customs and border agents about my intent to leave after marriage?

You will need to convince the CBP officer that you will leave after your visit.  You will need evidence of strong ties to your country.  Denial of entry is always a possibility.

[Ryan H 3,810]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.