K1 vs K3

[Rakkasan]

OK.. here goes, It is my understanding that getting married in China and applying for a K3 will take 12 to 24 months if the world is spinning in greased groves.

 

I also gather that a K1 is a faster means of getting a SO here, 6 to 9 months, but after arrival at can take up to 24 months to get a green card for her to be able to get a job.

 

Question #1

 

Is my understanding of the timelines correct or at least in the ballpark?

 

Question #2

 

If I go the K1 route is there anyway SO can work legally prior to the green card issuance, perhaps there is such a thing as a interim green card (maybe a lighter shade of green)

 

Question #3

 

I guess my big question is a need for fatherly (CFL) advice.... what is the best way to go based on the CFL members experience? K1 or K3?

 

I know we both would both like to spend more time together before getting married and the K1 fiance visa would facilitate that, but I also know she is independant and would not like to sit for 24 months without working. I am not well off, but I can support us without her working without much difficulty. I think it is more a matter of pride for her and not wanting to be thought of as lazy by not working or contributing financially.

 

Thanks in advance,

 

Also thanks to Frank and others who have responded privately to my prior posts. I have found someone through a friend at work who will hand deliver my visa request to the Chinese Consulate in Chicago, thus saving me a long drive or reliance on the postal system.

[Cerberus]

Rakkasan,

 

IMHO, and only from one of the most recent K3 Visas to come through, the timelines are now beginning to show a changes in time, different processing at certain points.

 

My total time for a K3 Visa; with no children was 5 Months and 6 days. This timeline falls well below the expected fiancée time limits. I find myself very fortunate. However, I do not believe in so many coincidences happening at one time. I should mention that this time frame also includes, approximately 30 days in the infamous Customs “black hole” in GUZ!

 

I wrote several items that you might read at your leisure, to help your processing:

 

Post 36, & 41:

http://candleforlove.com/forums/index.php?...pic=14006&st=30

 

Post 1 and several others I made here:

http://candleforlove.com/forums/index.php?showtopic=14483

 

FAQs in the Links and Resources Section. I should tell you do not deviate from what DavidZixuan has put there. It is extremely accurate. Several “sticky” points I asked my wife and she confirmed the information. This confirmation is less that 2 weeks old. It is extremely accurate!

http://candleforlove.com/forums/index.php?showtopic=11293

 

Is my understanding of the timelines correct or at least in the ballpark?

As far as I know they are as accurate as the CFL members have put input data. I would assume that they are fairly accurate them in.

 

It is my understanding that getting married in China and applying for a K3 will take 12 to 24 months if the world is spinning in greased groves.

I am living proof that this is becoming inaccurate. I think that there are two or three more members that have shorter timelines, than what is normally expected! Further advice, I suggest that you read Visa FAQ, and know it thoroughly. Do not screw around with the paperwork as I suggested in Post #36. I actually have seen people in the Chengdu Embassy who had forms filled in pink ink, white out on paper and handwriting so atrocious no one could have read it. I suggest typing everything. I used Visapro.com for “fillable” forms. All information that I had for my wife Yin was translated and typed. Then she filled in right above my typing in pudonghua.

 

I also gather that a K1 is a faster means of getting a SO here, 6 to 9 months, but after arrival at can take up to 24 months to get a green card for her to be able to get a job.

IMHO, perhaps it is perhaps it isn’t. Doesn’t really matter. On K1 visa you are having her enter the US, marrying, honeymoon, and also a bit of procrastination. Only thing I haven’t done is the marriage and honeymoon part! Green card for conditional K3s and K1 has the same process to AOS interview. This is “another colored horse” and is a separate step later on for both of us. Same problem with Employment Authorization, a separate and different horse!

 

I guess my big question is a need for fatherly (CFL) advice.... what is the best way to go based on the CFL members experience? K1 or K3?

IMHO, K3 was faster, but this is only from my perspective. I suggest waiting a bit and see what the most recent K1 applications have to say!

 

Hope that the information helps you make a wise decision.

[david_dawei]

I know your planning your first trip still... so unless you plan to marry on your first trip (which I don't advise), the K1 is going to be considerably.

 

Q1:

Let's stick to averages from date of submission:

K1 = 8-11 months

K3/CR1 = 11-15 months

 

K1 and K3 do adjustment of status in US (k1 after marrying)... so add another 8-24 months on getting the greencard.

 

Q2:

Yes, you can get a work permit prior to a greencard.. K1 can file EAD (work permit) at same time as AOS... usually takes about 1-3 months. see the AOS FAQ in the AOS forum for more info...

 

Q3:

How much time can you spend in china to get to know her?

 

This is most important above all. My wife did not speak any english till about 4 months into our relationship, so I know the road you will travel.. and don't worry too much about the communication stuff.. if you guys have the heart for each other, then it will work out.

 

My gut says go K1... just get to know each other.. then at any point you can just 'file it'... You'll add time going the marriage route. Once you decide to get married then make plans for a second trip, then it adds time to processing as well (in most cases)... interviews are a bit more strict and since she is divorced it is stricter on this sometimes as well... Recently, they are asking the chinese person to prove the residency of their 'ex'...

 

The chinese have a strong ethic, whether in relationships or work. While in china, take all your cues from the environment and the people around you. Don't insult or disparage her in public... even in a joking way. Her happiness in many ways will be depend on your happiness. And if she is happy, her family is happy .

 

 

Don't understand the comment about chicago consulate.. you'll send the petition to visa center for your area.. there are only five of them around the country...

Edited December 14, 2005 by DavidZixuan (see edit history)

[warpedbored]

A less than six month time frame is almost unheard of for either visa. I know of one K-3 (cerebrus) and one K-1 that went from start to finish in less than six months. Average K-1 is probably 10 - 12 months and K-3 11 - 14 months. K-1 is generally a little faster. A lot of it depends on where you live. If you live in an area where you can file the K-1 through Vermont Service Center you are likely to have the fastest possible timeline. As for how soon your mate can work unless she comes on a CR-1 visa it will be about the same. K-3 still has to file EAD and AOS. Some of the advantages of K-1 is your mate can get a social security # as soon as she gets here. K-3 must obtain an EAD first. K-1 is easier to change your mates name to her married name. K-1 can get a bank account, state ID card or drivers licence faster because they don't need an EAD to get a SSN. K=1 has less fees involved since many of the fees involved with the I-130 must be paid again to AOS unless you wait out the I-130 and go back to China for the CR-1 interview. K-1 is less hassle overall but the decision is more of a personal one. Many people feel more security being married. Sometimes the Chinese mate's family insists upon a marriage first. Religious reasons are another factor. The decision is only yours to make but if you are looking at it from a purely practical side K-1 is better.

Edited December 14, 2005 by warpedbored (see edit history)

[ameriken]

To give you my short and sweet opinion, the K1 is the easier and faster way to go, hands down. Re: work, I believe that once married, she can quickly apply for a SS# which will allow her to work, and I beleive that takes about 90 days to get. This is even before she has any legal status in the US.

[Cerberus]

A less than six month time frame is almost unheard of for either visa. I know of one K-3 (cerebrus) and one K-1 that went from start to finish in less than six months.  Average K-1 is probably 10 - 12 months and K-3 11 - 14 months.  K-1 is generally a little faster.  A lot of it depends on where you live.  If you live in an area where you can file the K-1 through Vermont Service Center you are likely to have the fastest possible timeline.  As for how soon your mate can work unless she comes on a CR-1 visa it will be about the same.  K-3 still has to file EAD and AOS.  Some of the advantages of K-1 is your mate can get a social security # as soon as she gets here.  K-3 must obtain an EAD first. K-1 is easier to change your mates name to her married name.  K-1 can get a bank account, state ID card or drivers licence faster because they don't need an EAD to get a SSN.  K=1 has less fees involved since many of the fees involved with the I-130 must be paid again to AOS unless you wait out the I-130 and go back to China for the CR-1 interview.  K-1 is less hassle overall but the decision is more of a personal one.  Many people feel more security being married.  Sometimes the Chinese mate's family insists upon a marriage first.  Religious reasons are another factor.  The decision is only yours to make but if you are looking at it from a purely practical side K-1 is better.

175811[/snapback]

Carl I would add two more K3s that seem to me moving at a very good clip of speed, lou and hunter

 

Hunter's is moving at approximately the same speed that mine began it. Lou's is slightly lagging behind it!

 

Rakkasan, I also agree with Carl and Ameriken. It is a matter of individual choice. I initially wanted to do a K1. Wife wanted marriage first. IMHO, I suspected security and traditional values of my wife. She had the final say, so we went the K3 Visa route!

[Rakkasan]

Thanks to all who have responded so far. It seems by the responses that the K1 is the way to go. Having her here sooner will be great and approximately 90 days to get SS and work permit will allow her to better perfect her English.

 

Of course the downside would be that English might get perfected while I'm at work with her watching Jerry Springer and Oprah I guess if I come home from work and she is waving a NOW membership application, blaming me for all the world problems and chanting JERRY!! JERRY!! JERRY!! I will know that she has assimilated and I am in deep trouble. LOL

[Yuanyang]

The single most important thing is the get her here ASAP so you two can continue with your lives together. In hindsight I would've done a K1, in hindsight I should've filed for a K3. Consider Cerberus' post seriously, but know that what flows today is clogged tomorrow.

[tonado]

If you live in China with the SO, then do the K3/CR1. If you live here, do the K1.

[notrevorich]

To give you my short and sweet opinion, the K1 is the easier and faster way to go, hands down. Re: work, I believe that once married, she can quickly apply for a SS# which will allow her to work, and I beleive that takes about 90 days to get. This is even before she has any legal status in the US.

175854[/snapback]

I would go with the K-1 , it took les than 8 months from application to finish , We are Now Married and the SO has a bank account and the SS card is on the way .

We also spent less than $6600 to do everything including airplane tickets ( 2 trips for Me )

We did NOT use a LAWYER just GOOD advice from CFL .

[jxty]

I think it depends whether you guys want get marry in China at first place. For the sake of the processing timeline, if you aren't live in Vermont Center area, K-3 may actually 2 months faster at USCIS now.