K1 issues...is K3 quicker?? lawyers advise.....

[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]

SEE Duplicate post: http://www.visajourney.com/forums/index.php?showtopic=141646

NOTE K-1 uses only one petition (I-129F) K-3 requires TWO (I-130 and then I-129F) so there is the delay for I-130 NOA1 before can file I-129F for K-3.

[KimandRuss 0]

You already have your NOA1 so I would say umm no. I'm not sure what he read but i'm going to venture a guess and say it's this. Which really doesn't say that fiance visa's have slowed.. it says that adjustment period has slowed. If there is something else he has read that we don't know about then perhaps he/you can share it with us? I've been here for some time and outside the backlog of petitions last year, the timelines have been pretty consistent with previous years. K1 still being the quickest route to get together.

Edited July 29, 2008 by KimandRuss

[pushbrk 12,890]

You already have your NOA1 so I would say umm no. I'm not sure what he read but i'm going to venture a guess and say it's this. Which really doesn't say that fiance visa's have slowed.. it says that adjustment period has slowed. If there is something else he has read that we don't know about then perhaps he/you can share it with us? I've been here for some time and outside the backlog of petitions last year, the timelines have been pretty consistent with previous years. K1 still being the quickest route to get together.

I think your lawyer is simply miscalculating. If I were you'd I'd continue the process you've begun. Marrying during the K1 process opens a can of worms your lawyer either hasn't considered or isn't aware of. He's not just suggesting you get married instead of doing a fiance visa, he's suggesting you stop one process and start another. Not the same animal at all.

[LRA 0]

I think he wants more $$ for the K3 the Adjustment.

[YuAndDan 153]

I think he wants more $$ for the K3 the Adjustment.

Very good point. Lawyers LOVE K-3, they can charge more for filling out more paperwork.

[marcuskelli 0]

Thanks you one and all for your invaluble advise...

The lawyer has stated that there wont be any further legal fees so I am prepared to give him the benefit of doubt. I think he has our best interests..

Its looking as though sticking with the K1 is the best route for us...had we not already filed we perhaps would of gone through with the K3.

Any further advise is very appreciated as always

thanks again guys!!

Im optimistic for a 60day NOA2!!

[maggieNomar 0]

I would stick with what you started like Pushbrk stated. When I was getting ready to file I asked my atty if it would be better if we got married and he said NOOOOOO please don't do that because it was more paperwork. I haven't seen a K3 yet that took less time than my K1 (and NO I haven't seen EVERY case). Good luck whatever you decide.

[chadherm 0]

I agree i think your lawyer wants more $$! If i were you , I will continue the K1 process.

[*JG* 2]

I'm not sure as far as your country goes. I do know in Jamaica the K-1's are averaging around 6 months. The CR-1's are going over a year now to process.

[pushbrk 12,890]

I think he wants more $$ for the K3 the Adjustment.

Very good point. Lawyers LOVE K-3, they can charge more for filling out more paperwork.

Since the lawyer directly stated there would be no additional fee to file, I'd trust him on that. AOS paperwork is the same either way.

[RobLynC 0]

I think he wants more $$ for the K3 the Adjustment.

Very good point. Lawyers LOVE K-3, they can charge more for filling out more paperwork.

Since the lawyer directly stated there would be no additional fee to file, I'd trust him on that. AOS paperwork is the same either way.

The one advantage of going ahead with getting married is NO AOS. You start over with the I-130. I wouldn't bother with the K3 if you're in the UK. We filed for both, but I have my CR1 visa and the K3 is still pending (probably admin cancelled). With the I-130/CR1 you won't have anything more to do until removing conditions. However it did take 9 months to process everything, and we are considered pretty quick. Even though you get married here unless your Fiancee has been resident here on the appropriate residency visa (leave to remain) for longer than 6 months she can't file directly through the consulate. She will have to file the I-130 with USCIS in either California or Vermont, which is where most of the waiting will be. You can file as soon as you have your marriage certificate though, which we got the same day we filed it (ie the day after the wedding).

Your decision really depends on what is more important. Being together fastest no matter the cost, or minimal amount of hassle. Also if you get married here in the UK your Fiancee will need to apply for a marriage visitor visa (should only take about a week if she's not planning to stay longer than 6 months, or about a month otherwise). The K1 may save you a couple of months over the I-130/CR1, but you will still have a lot of money to pay and restrictions on what you can do until your AOS is processed. Also the time until you can start counting for citizenship is delayed until you have residency, so that's about an extra year or so with AOS, but starts the day you arrive if on CR1.

Either way only the two of you can decide what way to go.

Good luck

Lyn