Fiance visa VS immigrant Visa ( Cr1 vs K3)

[Linstun&Shuang]

I think it is totally unfair, that the process takes longer for a couple who marries first. Compared to someone that brings their fiance to the states and gets married later.

 

To me. A couple that marries first. Proves their point much better. Since GZ consulate is so careful in seeing if your relationship is legitimate or not.

 

I went all the way to China to get married. We had a fat chinese wedding with about 100 guests. I also plan on having a fat wedding ceromony here in california, when my wife comes. I love her to death!

 

In all sense . It isnt even neccessary to have a party even if you marry in china. Just go to the local wedding office, and get married there. Just like here in cali. YOu just go to the court house and get married.

 

I think that couples who do the fiance route should wait longer. If ANY THING they would be the ones that are more questionable.

 

In the United States. It doesnt matter where you got married. If your married then your legally married. Thats the bottem line.... Peace..

 

 

PS. I meant K1 VS K3

 

Sorry, had to let out my fustration to you K1 peeps

[BuffaloPaul]

There doesn't seem to be much logic or reason for how this process works. Some people have it shorter just because of what service center area they live in. Some people get selected for "second name checks". There's little you can do to influence the process, so its just best to get a good phone card and call your SO a lot and visit as often as you can. Your time will come.

[Dan R]

It isa matter of fair but how our government is organized. Fiance while being looked at as an intended immigrant is still a non immigrant class. Spouse is immigrant classification. The difference is one gets to enjoy going through the same things again after arrival and the other gets looked at by multiple departments before arrival. This is strictly an issue of bureaucracy and turf wars that is characteristic of our government.

[tonado]

Also, the interview for K3 is tougher than K1. But once she is here, the AOS is easier for K3. I think the US just want to make sure the marriage is legit in China. There must be people who just meet their SO, spent two weeks in China, get married, and then have to go back to the USA. Most fraud occurs in K3 process (Chinese would pay American $50K to do the K3 process). So the wait for the interview date takes longer (more security check). For K1, the marriage must occur within 90 days in USA and then a long AOS process. So it is less risky for fraud.

 

One advantage of K3 over K1 is that Your wife would not need an AP if she wants to return to China.

[david_dawei]

Most fraud occurs in K3 process (Chinese would pay American $50K to do the K3 process).

sorry.. I just got back up off the floor...

[Yuanyang]

I totally agree. Especially when we are suppose to have such a strong "Family Value" government!

 

If they believe that XiaoMei and I are committing fraud then watch us, check in on us for the first year. But allow my wife to live with me.

 

This "process" has led to some serious discussions about me leaving the USA and living with my wife in China. China is considering a so-called Green Card system of their own you know. Were it not for my son (he's 25) I would take her up on her offer and chuck everything away here and live with her.

[Linstun&Shuang]

Bob,

 

I believe it takes 5 years, before you can get a Chinese green card. 5 years after your marriage....

[markndannie]

i am not sure that the cr1 route is any longer, depending on your area of filing. But the process stinks and is so out of date. I will leave next month to be with my wife, because i cannot bear to be away any longer. If i have to live with her in China then okay, we are together and that is what counts. I am just sad that this visa process takes so long. I do know that it has made our love that much stronger. So strange that we will have to prove that to someone!

mark

[tmkeith]

I totally agree.  Especially when we are suppose to have such a strong "Family Value" government!

I'll keep my political viewpoints to myself. We're all victims here because we've chosen to wed (now or later) someone from another country. It doesn't matter who's in charge. (Elian Gonzales comes to mind from the previous administration.)

 

Bottom line is that we gotta do whatever we can to understand and play by the rules here...or do what it takes to change the rules...legally.

 

What I'm about to say is only my opinion, and I accept any criticism that comes with it. Through my consultation with immigration attorneys, my own K-1 application with my fiancee, and past history as a welfare caseworker at the us-mexico border boils down to the following:

 

Whether it is fair or not, the US government looks at many of the visa applications of many already married couples as being "suspiciously motivated", because some feel the us has been "burned" in the past, by those who have wanted be here by any means necessary (even a fraudulent marrige.) This is especially true of spouses/fiance(e)s of countries the US hasn't had long-standing good ties with. Yes, there are political overtones to this, and those (like the poster here) may be unfairly penalized by this.

 

The K-1 was introduced (correct me if I'm wrong), to give the CONDITIONAL "benefit of the doubt" to partnerships that may or may not be genuine. K-1 couples do face fierce scrutiny, and the same fears that an "already married" couple has. If the K-1 fiance(e) relationship isn't proven, arguably to the same standard of a K-3 spouse...the denial is just the same.

 

No genuine marriage/relationship should be turned-down...PERIOD. But, we've chosen the route to follow our hearts, and we have some extra hurdles to jump. Let's work on making things easier for ALL of us who have chosen this route, and not point fingers.

[david_dawei]

tmkeith. nice post.

[Yuanyang]

Sorry for any misunderstandings; my comments were directed at both parties.

[tmkeith]

Bob, I had one of those huge "regret" moments as soon as I sent it. This is not about you, me, or politics, and I want to apoligize to you in the same forum where I made my mistake. (PM me if you wanna strap me to the whippin' post, so this topic can return to its original intent.)

[keyman]

It is true! immigrant (k3 or cr1) does take much longer than k1 visa. compare this; k1=9 months, immigrant visa=18 months!!! See the difference?

[tmkeith]

It is true!  immigrant (k3 or cr1) does take much longer than k1 visa.  compare this; k1=9 months, immigrant visa=18 months!!!  See the difference?

I give up. Must be of a lower-class in CFL because I chose the K-1 route.

 

If people want to be narrow minded and claim that one class faces more hurdles than the other, then I'm in the wrong place.

 

Where is your proof that either class faces more difficulty? Have more K-3s been denied than K-1s (since the inception of the K-1)? I haven't searched (as I'm focused on K-1) but is there any SINGULAR, DIRECT, OFFICIAL timeline comparing the difference between a K-1 between the date of filing and date of unconditional permanent residence? I'd love to see it.

 

On the surface, it really appears that the questions boil down to the validity of the relationship and timing. As I see it, the K-3 has been around longer, and the K-1 can be seen more as an "amendment" or "sister" to the K-3 process.

[Feathers268]

My 2 cents,

I honestly can't say between k3 and k1, because I've spent my time worrying about those in similar circunstances as mine and really don't know what the difference is like. What I can say is that both are far too long and though I understand that security and fraud are important to protect, I think a lot of it is a smoke screen to hide behind. If this as well as the other parts of the immigrant visa process could be made easier, I'm sure a lot of fraud would be avoided.