Shouldn't K-1 be quicker?

[xiaobu]

I've been reading a lot of posts on this site (all have been very helpful) and it seems there is no clear winner between which visa is faster to process (K-1 or K-3). I'm hoping to get some advice from you guys. Here is my situation:

I am soon going over to China to be with my fiance and live together for around 4-5 months. If everything does well, we will decide to get married. My goal is for us to come back to the US as soon as possible.

 

If we use the k-3, then we must start the visa process after we get married, which would be about 6 months from now. So 6 months + 1 year of visa processing would be 1 1/2 for us to be able to return to the US together.

 

If we use the K-1, I can start the visa process now, before I go over to China. While the visa is processing (about 8 months?) , we will be living in China together. When the k-1 is finished and my fiance gets the fiance visa, we come over to the US and get married.

 

So the way I see it, if we use the fiance visa, we can be back in the US about 10 months faster compared to going with the K-3 visa.

I'm I looking at this the right way? I know that processing times are very unpredictable, but I still see a significant advantage with the K-1 approach.

 

I would really appreciate feedback on this.

Thanks in advance, xiaobu

[Randy W]

You're talking about the mechanics of filing the K-3 NOW, vs. waiting until you are together, getting married, and THEN filing the K-3. The calendar provides the 6 months difference.

 

If you file K-3, you can also file K-1 after you get the NOA1 receipt (Notice of Action) for the K-3. Looking at it this way, there's about a 1 week difference (depending on the service center response time).

 

There is, however, an additional stumbling block on the K-3 route in that it is an immigrant visa and is more likely to be sujected to an "administrative review", which could add months to the process.

 

With the K-1, your SO is not a legal permanent resident until after you file AOS (Alteration of Status) and get the green card (2 years later).

 

So, yes - go the K-1 route

Edited October 30, 2005 by Randy W (see edit history)

[Yuanyang]

From the data I've seen posted K1 is quicker (about 9 to 10 months on average it appears) while the CR1 or K3 is 12 to 14 months. Of course there is a wide spread in the data.

[LeeFisher3]

The K-1 and K-3 are not related visas. One is for a fiancée, the other for a wife. There is no moving from one to the other. I believe Randy was thinking CR-1 and K-3 combination for a wife.

 

It sounds like you have not yet met in person and until you do none of the visa options are available to you.

 

The Fiancée visa takes anywhere from 8-12 months and must be filed initially from the US by you after you have met in person.

 

The options for marriage related visa's are something you might consider depending on the length of time you will be able to remain in China and what part of China you will reside.

 

If you plan to remain in China until she is able to come to the US then you should forget about the K-3 visa option, it is intended to bring a wife to live with a US Citizen who is living in the US.

 

You would then get married, live and work in China.

 

The direction you should look is the Direct Consulate filing. The best option I have heard of lately is if you happen to be residing in Hong Kong and get married in Hong Kong. This seems to be very quick as it avoids processing in Guangzhou.

 

If this is not an option, the DCF going through Guangzhou does cut away a good bit of processing in the US and still makes it faster than filing from the US.

 

If you can share a bit more information as to what city you would be living/working and this would help to get you more knowledgeable information as to the process.

Edited October 30, 2005 by LeeFisher3 (see edit history)

[Randy W]

A K-3 (spouse) applicant can submit the I-129F (fiance) form (after the NOA1 is received), and the spouse can be brought to the US while processing is completed on the K-3. I believe that the visa is actually a K-1 visa.

[Guest Gene]

A K-3 (spouse) applicant can submit the I-129F (fiance) form (after the NOA1 is received), and the spouse can be brought to the US while processing is completed on the K-3. I believe that the visa is actually a K-1 visa.

164528[/snapback]

Huh?

[tywy_99]

The USC is the only one that can submit an I-129F, petition for K3, but only after the USC submits the I-130, petition for an Immigrant visa (IV), and receives the I-797C letter of receipt from the USCIS.

The K3 is a visa in it's own right, being "born" out of the K1 fiance visa by way of the Legal Immigration Family Equity Act of 2001. A petition has yet to be created for the K3 visa, in the meantime, CIS says to use the I-129F.

[david_dawei]

was trying to remember the story as to why K3s use the I-129F.. thanks Ty !

 

---

 

You stated you would go 'soon' to china for 4-5 months; then later state if you go K1 you would 'we come over to the US to get married' .... the math doesn't quite work out. Even if you submit the K1 very quickly, and then go to china, it will take longer than 4-5 months.. you either are staying longer or going over there later or coming back prior to her approval ??

 

 

K1:

As Lee mention, you must of meet prior to submitted a K1.. once you've meet, you can submit one. Based on where you reside in the US, this can take 8 months to 13 months... (northeast part of US is fastest).

 

K3 or CR1

Two options, file stateside or file in china:

 

Filing stateside usually occurs because a couple gets married in china and the USC comes back to US to continue working... This method takes about 12-15 months depending on where you reside in US.

 

If you get married in China, you can 'directly file' to consulate there IF you have residency and work permit for china. this method seems to range from 6-9 months.

 

The Hong Kong method mentioned seems to run about 4-6 months.

 

As you mentioned, any marriage route will need to add the window of time to get there and get married and pull together all the necessary paperwork...

[Guest Gene]

Welcome Aboard Xiaobu

 

If this thread doesn't confuse you I will be amazed. If you have the needed documents to file a I-129f, including having personaly met your fiancee, then a K-1 would be the quickest route for you.

[Randy W]

A K-3 (spouse) applicant can submit the I-129F (fiance) form (after the NOA1 is received), and the spouse can be brought to the US while processing is completed on the K-3. I believe that the visa is actually a K-1 visa.

164528[/snapback]

Huh?

164532[/snapback]

 

 

Oh - I see! I thought that the I-130 was an application for the K-3 visa, when it's actually for the IR-1/CR-1.

 

Now I understand - the I-129F application filed after the NOA1 (I-797C) for the I-130 is actually the application for the K-3, and that the K-3 is actually a non-immigrant visa to use while waiting for the IR-1/CR-1 processing to complete. A little more clear than mud.

 

They are already engaged, guys - my guess is they've already met, and can file the K-1.

Edited October 30, 2005 by Randy W (see edit history)

[david_dawei]

not to get overly picky..

 

An I-130 and I-129F are 'petitions' ...

 

The 'application' for the visas occurs at P3 stage... DS forms...

 

Yes, K# visas are considered 'nonimmigrant visas'... yet are treated as 'immigrant' visas on another level...

[castaway109]

Yes....now we'er getting somewhere.

 

If you plan to live in China until she gets a visa...Direct Consular Filing is about half the time of usual filing from US.

 

If you want to bring her to the US and you want to stay here during the process..then file I-129F Fiancee Visa also known as K1....takes about 10-15 months.

 

If you want to be married in China...and return here and wait for the visa ....then you need to get married...then file I-130 Relative Visa for Spouse...then after you get the first NOA from that..you can file an I-129 also known as a K3 visa..so that she can come to the US and wait the approximate 15 months to 2 years waiting........

 

Oh did I mention the waiting???

[jim_julian]

One more point ... if they haven't met I believe the sponsor could certainly file the 129 for a K1 soon after they meet in China by sending it to the correct Service Center in the US. I assume he maintains a US address and is in China on a temporary basis. It could also be filed by a US immigration attourney under the same circumstance.

[pkfops]

Flip a coin, file the papers and wait.

[Zingaro]

Welcome aboard, xiaobu! I'll try not to repeat too much of what has already been said here. It appears you want the fastest route to get your fiancee to the US. I think that's a goal we all share!

 

If you have not yet met your fiancee in person, you can't file the I-129f (petition) before you depart for China. One of the rules is that you have met in person, and you must provide evidence of that -- plane tickets, boarding passes, passport stamps, photographs of you together, etc.

 

Under "normal" circumstances, the K-1 visa process is faster than the K-3 visa process. However, there can be snags in both processes. My SO's K-1 visa took nearly 18 months due to one long delay. Had that delay not occurred, we'd probably have had the visa in a year or less.

 

You can always file your K-1 visa petition (I-129f) and all the supporting evidence from China if you have maintained a US mailing address, and if you have someone in the US who will forward your mail to you.

 

Overall, the K-1 route should be the fastest for you.

 

Don't forget an important point: No matter which visa route you take (K-1 or K-3) you must provide proof of a genuine relationship. Letters, phone records, photographs with your fiancee, her family, etc. If you're living in China for 4-5 months, it might be good to prove that you're living together (if you are).

 

One note on direct consular filing (DCF), should you decide to marry in China: I am not sure you will qualify for DCF while you are in China for those 4-5 months. I think you must be married for a minimum period of time. I think it is one year, but I don't have that information right in front of me at the moment.

 

Hang in there, ask questions, and good luck to you!

Edited October 31, 2005 by Zingaro (see edit history)