Switching from K1 to K3

[xiaobu]

Hello,

 

I am planning on filing for a fiance (k-1) visa soon. I am then going to China to be with my fiance while the visa processing takes place. If we decide that we want to get married in China, what happens to the k-1 process?

Do we just cancel it and start over with the k-3 visa?

 

We are not planning on switching over, but I just want to know the scenario if it happens.

 

Thanks to everyone. This site is great

 

- xiao bu

[Randy W]

Start over. Provided you meet the requirements, the K-1 will be quicker since you can file NOW, instead of waiting until after the wedding.

 

The K-1 processing is also generally around 3 months quicker than K-3.

[LeeFisher3]

Start over. Provided you meet the requirements, the K-1 will be quicker since you can file NOW, instead of waiting until after the wedding.

 

The K-1 processing is also generally around 3 months quicker than K-3.

170758[/snapback]

Randy, you just sugar coat things, it is a real possiblity for a K-3 to take closer to 18 months depending on how long it takes to get through the first service center.

[Randy W]

Start over. Provided you meet the requirements, the K-1 will be quicker since you can file NOW, instead of waiting until after the wedding.

 

The K-1 processing is also generally around 3 months quicker than K-3.

170758[/snapback]

Randy, you just sugar coat things, it is a real possiblity for a K-3 to take closer to 18 months depending on how long it takes to get through the first service center.

170808[/snapback]

 

 

On average, though, isn't it closer to 12 months?

[david_dawei]

My impression was that the K1 average was 1 year; the marriage visas a little more... but with the more recent reduced times, it might be fair to say a year is average. But if we know the processing center it will go through (ie: where the poster lives), we can maybe state a more reliable time...

 

The problem is the every changing processing time for the K3 and CR1.. one quarter one is faster, then the other.. if you cover both bases, they you probably better off.

Edited November 22, 2005 by DavidZixuan (see edit history)

[castaway109]

Okay, if you file a K1...then get married..the K1 is stopped. Then you have to start all over again by filing the I-130...wait about a month and then the K3.

 

My advice to you (for what it's worth)..file the fiancee visa...have a non-legal wedding in China...then get married legally in the USA.

[LeeFisher3]

Start over. Provided you meet the requirements, the K-1 will be quicker since you can file NOW, instead of waiting until after the wedding.

 

The K-1 processing is also generally around 3 months quicker than K-3.

170758[/snapback]

Randy, you just sugar coat things, it is a real possiblity for a K-3 to take closer to 18 months depending on how long it takes to get through the first service center.

170808[/snapback]

 

 

On average, though, isn't it closer to 12 months?

170830[/snapback]

Not sure, you might ask Lars, who only had a mere 6-1/2 months from NOA1 to notification of approval, NOA2 soon to follow for the I-130, only then can he begin the K-3. We both used the same service center for initial filing and our K-1 with a minor bump took 10 months.

 

Given an option I think many would choose the K-1 route and deal with AOS once she is here based on some of the timelines I have seen. 10 months was an eternity for me, I can't imagine how it is for those who are well past a year and counting.

[notrevorich]

Okay, if you file a K1...then get married..the K1 is stopped.    Then you have to start all over again by filing the I-130...wait about a month and then the K3.

 

My advice to you (for what it's worth)..file the fiancee visa...have a non-legal wedding in China...then get married legally in the USA.

170960[/snapback]

And if you do have a NON LEGAL weddding

 

NEVER and I mean NEVER SHOW THE VO any wedding pictures since it is likely to confuse them .

 

It took us 7 months to get the K-1 Visa , and we filed from the TSC which then transfered it to the CSC

I think all the visa's are being processed faster ;

I just depends on when and how soon you want to get married

[Randy W]

I think it's unanimous, Lee.

[LanBa]

I would stick with the K-1. My wife's K-3 & CR-1 took 17 months due to a delay at the VSC.

[rosyanne]

So...if your SO is busy in China and both of you are fine with another a year and half waiting then go ahead cancel K1 and file K3 and CR1. Otherwise, why? From the more recent timelines, it is much faster for K1 nowadays: average 7-9 months according to your service center.