K3 vs. K1

[NEDawn 0]

I am trying to determine best course of action after reading the guides on the K1 versus the K3. My boyfriend is in the UK. I am in the US. We have had 3 meetings in person here in the US over the last year. The first visit was 83 days, the 2nd for 30, the third for 6 weeks. I have read some strong benefits to filing for the K3 as opposed to the K1. Filing times out of Vermont seem to be about the same for both. What we are possibly considering if it can be done, is he coming to the US on a visit, getting married, then he returns back to the UK to begin the filing for the K3.

We understand the process pretty clearly for the K1. We both found it more attractive to stretch things out a little. Instead of getting the K1, getting married in 90 days and applying for AOS all in that 90 day time period, we found getting married first, then filing while we wait, but are already married (which would include some visits while we wait), then having him come in on the K3 more attractive. Especially, since he wouldn't require the parole filing then.

Our concern is whether obtaining the K3 would be harder considering we would not have been married long when we filed. We have substantial proof of relationship, not as spouses, but evidence of an ongoing relationship to include: emails, plane tickets, transfers of funds via Pay Pal between us, photos, witnesses, and even my newest landlord has listed my Fiance as a tenant on my apartment as he knows we shall be married. I could even establish medical, dental, vision insurance with my employer once we were married.

We won't do anything illegal, my guy would return to the UK after our marriage to await the K3 filing and processing. The question is, would we face difficulties considering our marriage would be very new?

We have several people who would attest to our relationship, including our marriage when it happens, and sign affidavits. How long must a couple be married to be eligible for the K3? We don't want to cause ourselves problems and have read about the Evidence of a Bonifide Marriage.

Thank you!

Dawn

[jundibasam 0]

I am trying to determine best course of action after reading the guides on the K1 versus the K3. My boyfriend is in the UK. I am in the US. We have had 3 meetings in person here in the US over the last year. The first visit was 83 days, the 2nd for 30, the third for 6 weeks. I have read some strong benefits to filing for the K3 as opposed to the K1. Filing times out of Vermont seem to be about the same for both. What we are possibly considering if it can be done, is he coming to the US on a visit, getting married, then he returns back to the UK to begin the filing for the K3.

We understand the process pretty clearly for the K1. We both found it more attractive to stretch things out a little. Instead of getting the K1, getting married in 90 days and applying for AOS all in that 90 day time period, we found getting married first, then filing while we wait, but are already married (which would include some visits while we wait), then having him come in on the K3 more attractive. Especially, since he wouldn't require the parole filing then.

Our concern is whether obtaining the K3 would be harder considering we would not have been married long when we filed. We have substantial proof of relationship, not as spouses, but evidence of an ongoing relationship to include: emails, plane tickets, transfers of funds via Pay Pal between us, photos, witnesses, and even my newest landlord has listed my Fiance as a tenant on my apartment as he knows we shall be married. I could even establish medical, dental, vision insurance with my employer once we were married.

We won't do anything illegal, my guy would return to the UK after our marriage to await the K3 filing and processing. The question is, would we face difficulties considering our marriage would be very new?

We have several people who would attest to our relationship, including our marriage when it happens, and sign affidavits. How long must a couple be married to be eligible for the K3? We don't want to cause ourselves problems and have read about the Evidence of a Bonifide Marriage.

Thank you!

Dawn

It really doesn't matter because the visas are essentially the same, and require you to already be or soon become married once he is here, but you have to consider that to file for k-3, you must file a petition (I-130) in order to file for a petition for k-3(I129F). Look at my timeline even. I was married for one month, and since we decided to get married in her native country so her family could witness and attend, we went the K-3 route. Either K-1 or K-3 is going to require the same thing...that you file for Adjustment of Status once either he is in the U.S. and you get married then that is a (K-1) or or you and him get married here, and you file for the (k-3) which will let him come here, and you still will have to file an adjustment of status.

[C and J 1]

Being married for a short amount of time shouldn't make a difference to the K3 application. Many couples on here decide to get married just before filing (we were married at the end of Feb and filed in mid-April but had known each other since 2005).

One thing that you may want to look into is only applying for the CR1. The CR1 is not only cheaper, but results in a green card (no adjustment of status needed) and enables your partner to work as soon as they enter the US (no need to wait 3 months+ for an employment authorisation document).

The K3 visa may only save you 2 months on the processing time, if that extra time together is important to you then go ahead and file the K3 It is worth it to us and it will enable me to get used to living in that environment at my leisure, rather than in the throws of finding a job etc

Edited October 24, 2007 by C and J

[NEDawn 0]

Is the K-1 faster to obtain? I saw exactly the same processing times for a K1 and K3 on the Vermon processing times page?

Thank you for the replies, I will check out the CR-1

[C and J 1]

K1 and K3 are processed at roughly the same speed. The only problems in the past were that the person filing the K3 had to wait for the I130 number before sending off their I129F (could result in a few weeks extra delay before filing, the K1 had no such delay). Now that you are able to send off both forms together, that extra wait has disappeared.

USCIS quotes 6 months processing-time on both and they really seem to be sticking to that timeframe right now (no longer are we seeing 3-6 month approvals that have happened in the past).

There has been a complete slow down of K3 processing lately but we are hoping that slump is over (the approvals are re-starting!! )

[scaramanga 0]

I have the same question regarding a k1 vs k3 visa. My fiance and I are uncertain which to apply for. I'm American and she's Japanese, we are a little overwhelmed with all the forms etc. Anyway, I was wondering which option is the fastest and/or easiest way for her to live in the states. We were considering getting married in Japan and then filing for a k3 etc., but now we are thinking about filing for the k1 and marrying here (in the US) following her arrival. If we do marry and file for the k3, what hurdles are we facing? Is there an advantage to getting married in the US vs Japan, and if so, what are they? Sorry for these rather childish questions, but we're really lost here.

[Todd-Leah 0]

I would say K1 or CR1.

K3 is not a good option unless your country has a backlog and will take a long time to schedule CR1 interview.

For most countries, K3 is actually not much faster than CR1 (may be 2-3 months), has the disadvantage of being a non immigrant visa, requires more paperwork to file adjustment of status i.e. $1010 fee, not work authorized and months waiting for EAD.

Leah

[scaramanga 0]

I would say K1 or CR1.

K3 is not a good option unless your country has a backlog and will take a long time to schedule CR1 interview.

For most countries, K3 is actually not much faster than CR1 (may be 2-3 months), has the disadvantage of being a non immigrant visa, requires more paperwork to file adjustment of status i.e. $1010 fee, not work authorized and months waiting for EAD.

Leah

Thank you so much Leah!!! That was a really quick and straightforward reply. I truly appreciate it!

[a-chan c-kun 0]

I am not sure about that advice above. I was in your shoes and I went the K-3 visa route. My Japanese wife and I married in Yokohama in September, and immediately filed I-130.

When I got back to the states I filed I-129. Now we are in the queue.

Compare/contrast of the methods is included on this page

comparison of visas

According to that she could work on entry.

I was hoping it would go much more quickly than this, though. I thought she may make it for Christmas, but I guess not.

The whole point of the K-3 was to accelerate the process, but I don't really see how, unless I cough up $1,000 for "Premium Processing".

Anyway, the paperwork isn't really so bad. I did it without a lawyer or anything, and haven't made any mistakes (that I know of).

Good Luck!

[JaDe26 0]

wow i am in the same situation i am a fresh graduate have no work experience, i am the american citizen and my fiance is Filipino. I read that a co sponsor doesnt work well with fiance visas. since ive already said i am a fresh graduate, i have no income tax returns to show( i went to school in the philippines and am moving back this month)... what is the best route for me? can i get a job then file, or do i need to have income tax returns? any advice. thanks

[mandyu1 5]

First congrats on your upcoming journey!!

I read thru this thread and I seen that many people are comparing the K3 to the CR-1, maybe they are not aware, but the K3 is no longer an option. Early this year the government replaced the K3 with the CR-1. Before the K3 was used because it was faster to process, but that is not the case anymore, you can get a CR-1 in around 8 months or maybe less and I hear the average for the K1 is 5-6 months. So the CR-1 does take a little time longer, but as mentioned you receive the greencard right away, you can work, and you can also travel out of the country immediately, whereas a K1 you need to do an AOS, apply for permission to work, and if you want to travel out of the US before you receive your greencard you will need to apply for Advance Parole. If you were to leave the US after entering on a K1 without an advance parole they will not let you back in.

As for not being married long that does not matter either, it may look strange if you only knew each other a short period of time and married quickly, but if you have a strong relationship history you should be ok.

Good Luck!!

[mandyu1 5]

wow i am in the same situation i am a fresh graduate have no work experience, i am the american citizen and my fiance is Filipino. I read that a co sponsor doesnt work well with fiance visas. since ive already said i am a fresh graduate, i have no income tax returns to show( i went to school in the philippines and am moving back this month)... what is the best route for me? can i get a job then file, or do i need to have income tax returns? any advice. thanks

first a co-sponsor can be used for a K1, but it depends on the embassy you will be going thru. I suggest you look to the top under portals and see what it says from others that went thru the same consulate. Usually they have a problem with co-sponsors because they know that once you apply with for AOS you still will not meet the income requirements and you will need a co-sponsor at that time. But if you are a recent grad they are more likely to take a co-sponsor into consideration in your situation. You can file at anytime, if you don't have tax returns you just need to show proof that you were in school to explain why you had no income. Hope this helps

[Darnell 8,479]

this is an old thread -

and the info presented, issues to resolve - were pertinent, then.

The thing that is painful these days, for any K-3 'hopeful' -

is that the I-129F gets administratively closed at NVC, when the I-130 and I-129F travel together from USCIS to NVC.

Some light reading material ?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[Mikey J. 0]

wow i am in the same situation i am a fresh graduate have no work experience, i am the american citizen and my fiance is Filipino. I read that a co sponsor doesnt work well with fiance visas. since ive already said i am a fresh graduate, i have no income tax returns to show( i went to school in the philippines and am moving back this month)... what is the best route for me? can i get a job then file, or do i need to have income tax returns? any advice. thanks

you need to have a stable job and must show that you have sufficient amount of money to financially support yourself and your fiance when she is already there. you can get an assistance like I did to my fiance. We had no hassle on her fiance visa. check there link. http://bit.ly/cmnHiZ