difference between k1 and k3

[chris10 0]

Hi, Ive read through alot of things (including the guides) but am very confused, me and my partner want to get married some time but are not sure, now we have 2 choices, i can go to usa on vwp and get married, then come home and file for k3 or i could file k1 then go to america. the only thing worrying me is:

1. not being able to work while processing the stuff on k1 which can take ages.

2. not being able to leave the usa untill i have done aos whereas i could on k3.

apart from those 2 things what are the main differences that have an effect?

from looking at the time its taking to process the forms in the service centre, k1's are getting done quicker which is swaying me towards that but I dont like the idea of not being able to come and see my family for years after.

Edited April 3, 2006 by chris10

[Euro 3]

Hi, Ive read through alot of things (including the guides) but am very confused, me and my partner want to get married some time but are not sure, now we have 2 choices, i can go to usa on vwp and get married, then come home and file for k3 or i could file k1 then go to america. the only thing worrying me is:

1. not being able to work while processing the stuff on k1 which can take ages.

2. not being able to leave the usa untill i have done aos whereas i could on k3.

apart from those 2 things what are the main differences that have an effect?

from looking at the time its taking to process the forms in the service centre, k1's are getting done quicker which is swaying me towards that but I dont like the idea of not being able to come and see my family for years after.

Only you can decide...............if you do chose K1 it wont be "YEARS" untill you see your family, K3 does have the benefit of being a multi entry visa, you dont say what your home country is, as this can make a difference to the time it takes for any visa!! e.g I came here on K3 which took 112 days from mailing to visa in passport (LONDON), but to apply for K3 you first have to apply for CR1(I-130), then after you get the reciept notice from that (NOA!) you then apply for K3 (I-129F)

Keep reading the guides & then you can decide which is the best option for you

[meddykomp 0]

It would be very helpful to know what country you are from. Some countries have the option of DCF while others do not. The rules for DCF also vary. DCF can greatly reduce time apart if it is an available option.

[meauxna 15]

Hi, Ive read through alot of things (including the guides) but am very confused, me and my partner want to get married some time but are not sure, now we have 2 choices, i can go to usa on vwp and get married, then come home and file for k3 or i could file k1 then go to america. the only thing worrying me is:

1. not being able to work while processing the stuff on k1 which can take ages.

2. not being able to leave the usa untill i have done aos whereas i could on k3.

apart from those 2 things what are the main differences that have an effect?

from looking at the time its taking to process the forms in the service centre, k1's are getting done quicker which is swaying me towards that but I dont like the idea of not being able to come and see my family for years after.

chris:

A K-3 will still have to apply for work authorization. Wait time 3-4 months.

A K-1 can apply for a travel document (Advance Parole, form I-131). Wait time 3-4 months (add time to get married and file applications)

An Imigrant Visa gives you immediate work and travel authorization (and an immediate Green Card). This visa is often called a CR-1.

You need to work out which things are most important and in which order; you will have to 'give up' something.

[chris10 0]

Hi, Ive read through alot of things (including the guides) but am very confused, me and my partner want to get married some time but are not sure, now we have 2 choices, i can go to usa on vwp and get married, then come home and file for k3 or i could file k1 then go to america. the only thing worrying me is:

1. not being able to work while processing the stuff on k1 which can take ages.

2. not being able to leave the usa untill i have done aos whereas i could on k3.

apart from those 2 things what are the main differences that have an effect?

from looking at the time its taking to process the forms in the service centre, k1's are getting done quicker which is swaying me towards that but I dont like the idea of not being able to come and see my family for years after.

chris:

A K-3 will still have to apply for work authorization. Wait time 3-4 months.

A K-1 can apply for a travel document (Advance Parole, form I-131). Wait time 3-4 months (add time to get married and file applications)

An Imigrant Visa gives you immediate work and travel authorization (and an immediate Green Card). This visa is often called a CR-1.

You need to work out which things are most important and in which order; you will have to 'give up' something.

Thanks all for the info, Im from england so would be applying there if we did. IF i did apply for a K1 would i be able to enter the USA while its pending? The k1 option is becoming more appealing to me each day.

[TracyTN 237]

Yes, you can visit the US while a K1 is in process. Bring proof of ties to your home country (letter from employer or landlord, return ticket, bank statements, etc). The fact that you'll have to return to the UK for the visa interview also helps.

If in doubt, have your fiancee visit you in the UK instead.

Edited April 4, 2006 by TracyTN

[meauxna 15]

Thanks all for the info, Im from england so would be applying there if we did. IF i did apply for a K1 would i be able to enter the USA while its pending? The k1 option is becoming more appealing to me each day.

chris,

A person with a K-1/I-129f pending is not legally barred from entering the US, but as always, it is up to the officer at the POE (airport immigration) to decide if you are a genuine visitor, or someone who may decide to immigrate on that visit.

There are no guarantees, and nothing anyone can tell you to gurantee that you'll be let in on any given visit. Proof of your strong ties to your HOME country are a good start ie, a job you have to return to, school, rent receipts etc.

If you have already spent a good part of the past year in the US, your chances of being readmitted go down.

If you have been told at your last US visit to get a visa before you return, take that advice.

Weigh carefully the consequences of your choice. A K-1 visa take about 6-9 months to get (from London). When you come to the US, you'll find it difficult/impossible to get a regular, steady job for the first 5-8 months. That's a long time to be on zero income, so planning ahead to have some money saved up could be important.

A K-1 must wait for ravel permission before leaving the US (if they want to come back quickly). This fact made a K-1 a no-go visa for our family. My husband was responsible for his mother in the UK and had to be able to leave at a moment's notice to go to her.

Take the time to educate yourself about the plusses/minuses of each visa type before you file or do anything. A short wait while researching now can save you many headaches later on. The Guide Comparison chart is a good place to start.

[Kajikit 65]

K1 visas tend to be the fastest to process... but you can't leave the country again after you use the visa unless you have an Advance Parole document to let you back in. K3s don't need AP but it takes longer for the visa to be processed so you're apart for longer while you're waiting.

The Advance Parole does NOT take 'years' to grant - it takes about three months after you apply for it and you can put the paperwork in at the same time as you apply to adjust status. So really it's about four to six months that you can't travel, not years...

[chris10 0]

K1 visas tend to be the fastest to process... but you can't leave the country again after you use the visa unless you have an Advance Parole document to let you back in. K3s don't need AP but it takes longer for the visa to be processed so you're apart for longer while you're waiting.

The Advance Parole does NOT take 'years' to grant - it takes about three months after you apply for it and you can put the paperwork in at the same time as you apply to adjust status. So really it's about four to six months that you can't travel, not years...

Thanks, thats good to know, I thought I had read somewhere that it can take anything upto 2 years to get.

[TracyTN 237]

Getting your permanent resident status could take up to two years (dependant upon a lot of other factors), but not the travel document (Advanced Parole).