keep with the K1 or do the K3??

[marcuskelli 0]

Hello All

Background:

We have just recieved our NOA1 for a K1 application. I am from the UK...we are using a lawyer. Kelli my fiancee (USC) is coming to the UK in August for 2 weeks.

I have recieved this email from our lawyer:

"IF she is going to the UK, there is some new information that you should consider. Just this last week the USCIS announced that K1 fiancee visa processing had, for the first time, fallen behind immigrant relative processing abroad and that individuals should consider getting married abroad and filing here via the "K3" visa process. What this involves is you being married in the UK, her filing an immigrant relative petition (which I could do without her being here) and then you processing a visa to come here and wait until your green card arrives. Like the K1, you wouldn't be able to work for 90 days once you arrived, but once approved for a travel and/or work permit, you would have the right to do both while waiting for the green card.

I cannot tell you exactly how long it would take London to process once you are married -- this is a new option as far as I am concerned because the K1 process is slowing considerably. It would cost you about $1000 more in government fees than it would to continue the present process -- there would be no legal fees as you have engaged me to find the most efficient route for you for what you have already paid. I can tell you that you would almost certainly be IN this country faster -- or at least that's what we're being told."

My Questions:

If we marry in the UK it wont be until the end of August until we can marry then file for the K3, Our K1 application has been in the CSC from 1st July (NOA1 July 23rd) Is this a worthwile "time saving" by filing the K3 at this stage?

Is the K3 truly quicker as it involves London embassy as well as the K1?

Is the K1 really taking THAT long?

Help???!!

Thanks

[YuAndDan 153]

Consider this, If you do decide on K-3 or better yet, CR-1, you will be abandoning the K-1, there is NO converting one petition into another, you will be refiling an I-130 for a spouse, and then perhaps an I-129F for K-3.

Note: processing times for UK, for K-3 and CR-1 are very much alike.

Keep in mind, getting green-card may be quicker from doing the CR-1/IR-1 process through NVC verses adjusting from K-3, it is also less expensive over all.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

NOTE: K-3 cannot, take a job, apply for SSN, or apply for a driver's license until they have EAD, or green-card, EAD can take 90 days or more to get. CR-1 gets green-card upon entry to the USA.

Compare timelines: K-3 was originally developed at a time when the Immigrant CR-1/IR-1 was taking a very long time, this is just not the case any more, NVC has streamlined many processes.

[YuAndDan 153]

SEE duplicate post in K-1 forum: http://www.visajourney.com/forums/index.php?showtopic=141647

[Carol and Bruno 0]

Consider this, If you do decide on K-3 or better yet, CR-1, you will be abandoning the K-1, there is NO converting one petition into another, you will be refiling an I-130 for a spouse, and then perhaps an I-129F for K-3.

Note: processing times for UK, for K-3 and CR-1 are very much alike.

Keep in mind, getting green-card may be quicker from doing the CR-1/IR-1 process through NVC verses adjusting from K-3, it is also less expensive over all.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

NOTE: K-3 cannot, take a job, apply for SSN, or apply for a driver's license until they have EAD, or green-card, EAD can take 90 days or more to get. CR-1 gets green-card upon entry to the USA.

Compare timelines: K-3 was originally developed at a time when the Immigrant CR-1/IR-1 was taking a very long time, this is just not the case any more, NVC has streamlined many processes.

Also keep in mind that the attorney will also charge for filing a different petition.