Does Tourist Visa Remain Valid During K-3 Process?

[carlos_frijoles 0]

I am a US citizen, and I want to marry my Honduran girlfriend. She has a US tourist visa that is good until 2026. 

We are both over 50. We travel frequently to and from the USA. 

If we get married and file a K-3 (and other related documents), does her tourist visa remain in effect and valid?
We have homes in both countries, so we can remain compliant with the tourist visa restrictions while waiting for the K-3 to process.

 

Carlos

[Chancy 6,241]

3 minutes ago, carlos_frijoles said:

If we get married and file a K-3 (and other related documents), does her tourist visa remain in effect and valid?

 

I recommend you file an I-130 to initiate the CR1 spouse visa process, not the K3.  K3 visas are effectively obsolete, with only a handful issued globally in recent years.

 

Anyway, whether your spouse-to-be pursues CR1 or K3, her B tourist visa will remain valid until expiry date or until revoked by the consulate.  In my case, my existing B visa was revoked by the issuing consulate soon before they issued my spouse visa.

 

[pushbrk 12,883]

8 minutes ago, carlos_frijoles said:

I am a US citizen, and I want to marry my Honduran girlfriend. She has a US tourist visa that is good until 2026. 

We are both over 50. We travel frequently to and from the USA. 

If we get married and file a K-3 (and other related documents), does her tourist visa remain in effect and valid?
We have homes in both countries, so we can remain compliant with the tourist visa restrictions while waiting for the K-3 to process.

 

Carlos

Sure, Carlos.  The visa will remain valid as long as it is not abused.  However, you'll be seeking a CR1 visa, not the obsolete/defuct K3 visa that became all but dead in 2010.

[Crazy Cat 41,857]

20 minutes ago, carlos_frijoles said:

I am a US citizen, and I want to marry my Honduran girlfriend. She has a US tourist visa that is good until 2026. 

We are both over 50. We travel frequently to and from the USA. 

If we get married and file a K-3 (and other related documents), does her tourist visa remain in effect and valid?
We have homes in both countries, so we can remain compliant with the tourist visa restrictions while waiting for the K-3 to process.

 

Carlos

The K-3 is obsolete.

 

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    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.
   

 

 

 

[carlos_frijoles 0]

10 hours ago, Crazy Cat said:

The K-3 is obsolete.

 

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    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.
   

 

 

 

Thank you everyone. It seems clear that the CR-1 process makes more sense in our situation.

 

one final question: Is there any difference for us if we marry in the USA versus getting married in Honduras?

 

Since we are able to travel, my choice would be to get married in Texas during one of our trips here… Injust want to know if there is any benefit one way or the other. 

 

appreciate the guidance and experience..

[Redro 4,611]

5 minutes ago, carlos_frijoles said:

Thank you everyone. It seems clear that the CR-1 process makes more sense in our situation.

 

one final question: Is there any difference for us if we marry in the USA versus getting married in Honduras?

 

Since we are able to travel, my choice would be to get married in Texas during one of our trips here… Injust want to know if there is any benefit one way or the other. 

 

appreciate the guidance and experience..

We got married in the US during one of our trips here ( I was visiting on a B1/B2). 

I preferred getting married in the US for several reasons: 

Paperwork was simpler.

We were able to obtain the marriage certificate same day

No need to translate the marriage certificate to English (we considered getting married in Korea briefly)

and a couple of other reasons I won't expand on.

 

You should weigh up the options of getting married in the US vs Honduras and make your own choice.

A certificate from Honduras or Texas are equally valid for immigration purposes.