K1 or K3 that is the question?

[Dave&wen]

Hello,

 

Spoke to an immigration attorney in LA,Ca. who explained to me that in his 11 yrs. of experience it is quicker by about 6 months to pursue a k3 vs. a k1 which can take up to 12 months. He also said that China has difficult rules in that what is required is a notarized statement to the effect that the individual is single and then two more notarized documents one from the county and state verifying the previous notaries. This is necessary b4 an american can marry a chinese person in china after which a K3 can be acquired providing proof is provided of visit to china and photo of couple.

It can be more difficult to marry in china then the U.S. but the K3 can speed up the process of reunion.

This is the route we are pursuing and appreciate any comments on our post.

 

thanks,

dave&wen.

[Guest Paul]

Hello,

 

Spoke to an immigration attorney in LA,Ca. who explained to me that in his 11 yrs. of experience it is quicker by about 6 months to pursue a k3 vs. a k1 which can take up to 12 months. He also said that China has difficult rules in that what is required is a notarized statement to the effect that the individual is single and then two more notarized documents one from the county and state verifying the previous notaries. This is necessary b4 an american can marry a chinese person in china after which a K3 can be acquired providing proof is provided of visit to china and photo of couple.

It can be more difficult to marry in china then the U.S. but the K3 can speed up the process of reunion.

This is the route we are pursuing and appreciate any comments on our post.

 

thanks,

dave&wen.

211144[/snapback]

Really, there is NO blanket response to your question as there are many variables in each particular case that could speed it up or slow it down. For instance, if there are children involved, how many, etc, and if the Chinese name is a common or not, if thefamily has other legal problems, etc, etc. But I think the overall consensus on this site, at least, is that, generally, a K-1 is the fastest route. But, hell, who can argue with an attorney, right? Besides all that, my personal belief is that sometimes in a new relationship we need the extra time apart to sort things out - meaning, the extra time it takes to get them here can actually work in our favor. So maybe in the long run it's hard to say which route is best. Just my 2RMB's.

 

Wheel Man

[NewDay2006]

Hello,

 

Spoke to an immigration attorney in LA,Ca. who explained to me that in his 11 yrs. of experience it is quicker by about 6 months to pursue a k3 vs. a k1 which can take up to 12 months. He also said that China has difficult rules in that what is required is a notarized statement to the effect that the individual is single and then two more notarized documents one from the county and state verifying the previous notaries. This is necessary b4 an american can marry a chinese person in china after which a K3 can be acquired providing proof is provided of visit to china and photo of couple.

It can be more difficult to marry in china then the U.S. but the K3 can speed up the process of reunion.

This is the route we are pursuing and appreciate any comments on our post.

 

thanks,

dave&wen.

211144[/snapback]

Welcome to CFL. I'm sure many here will be glad to give you information.

 

I will tell you, I got a K1 Visa in 10 months. I think an attorney will tell you the K3 will take 6 months, but he won't tell you it is more expensive also, you will have to file many more papers, the CR1 and then wait for it to be approved before you can file the k3. I don't think 6 months is realistic.

 

I will tell you my k1 was approved but my reltionship failed. I used an attorney, but I now know it is possible to do it yourself and save the money. I will file a CR1 now that I have another relationship and I won't use an attorney. The CR1 is a immigrant petition, meaning I will marry my girl and if the petition approved, she will get a temporay green card upon entry in the US and will have the right to work and come and leave the country which the K1 and K3 maynot have.

 

Good luck, I know you will get much helpful information here. there are many smart and helpful people here... you just got stuck me with me first

[johnxiaoying]

Don't listen to the lying scum. Don't hire an attorney! I hired an attorney and he told me the same thing, that K3 was faster than K1. The attorney put a few more hundred dollars in his pocket for steering me to K3.......he had to have his clerk stick one more cover letter on top of the second set of documents we had filled out (I-130). Only form I-129F for K1, both I-130 and I-129F for K3.

 

The attorney made several errors in the submissions to USCIS which I caught in his office while reviewing my copies. The subsequent submissions to correct the errors cost us several weeks to a month in the process.........this I paid good money for.

 

Luckily you found this website early on and have the opportunity to learn about the process and paperwork before you go. Go to links and resources.

 

If you decide to go K3 and marry in China (Hong Kong is faster) then read the following: http://guangzhou.usembassy-china.org.cn/marriedchina.html

Edited April 30, 2006 by johnxiaoying (see edit history)

[tonado]

http://www.visajourney.com/forums/index.ph...om&page=compare

[tonado]

dave&wen,

 

Just do it yourself. You don't need a lawyer.

[Guest Paul]

Don't listen to the lying scum. Don't hire an attorney! I hired an attorney and he told me the same thing, that K3 was faster than K1. The attorney put a few more hundred dollars in  his pocket for steering me to K3.......he had to have his clerk stick one more cover letter on top of the second set of documents we had filled out (I-130). Only form I-129F for K1, both I-130 and I-129F for K3.

 

The attorney made several errors in the submissions to USCIS which I caught in his office while reviewing my copies. The subsequent submissions to correct the errors cost us several weeks to a month in the process.........this I paid good money for.

 

Luckily you found this website early on and have the opportunity to learn about the process and paperwork before you go. Go to links and resources.

 

If you decide to go K3 and marry in China (Hong Kong is faster) then read the following: http://guangzhou.usembassy-china.org.cn/marriedchina.html

211155[/snapback]

Hey johnxiaoying - you do know how to tell when an attorney's lying, don't you ... his lips are moving. grin. Wheel Man

[LeeFisher3]

Hello,

 

Spoke to an immigration attorney in LA,Ca. who explained to me that in his 11 yrs. of experience it is quicker by about 6 months to pursue a k3 vs. a k1 which can take up to 12 months. He also said that China has difficult rules in that what is required is a notarized statement to the effect that the individual is single and then two more notarized documents one from the county and state verifying the previous notaries. This is necessary b4 an american can marry a chinese person in china after which a K3 can be acquired providing proof is provided of visit to china and photo of couple.

It can be more difficult to marry in china then the U.S. but the K3 can speed up the process of reunion.

This is the route we are pursuing and appreciate any comments on our post.

 

thanks,

dave&wen.

211144[/snapback]

There are quite a few people who would argue that the lawyer's 11 years of experience sound good, but in application with regard to China have been the exact opposite. Perhaps he was referencing that you would be paying him 6 months longer for having you complete more paperwork.

 

Take a look at the California Service Center Processing Dates paying particular attention to the I-129F and the I-130 on the next line.

 

Our situation took 10 months for a K-1 and in recent months we have seen a faster completion time for new visa applications.

[LeeFisher3]

Hello,

 

Spoke to an immigration attorney in LA,Ca. who explained to me that in his 11 yrs. of experience it is quicker by about 6 months to pursue a k3 vs. a k1 which can take up to 12 months. He also said that China has difficult rules in that what is required is a notarized statement to the effect that the individual is single and then two more notarized documents one from the county and state verifying the previous notaries. This is necessary b4 an american can marry a chinese person in china after which a K3 can be acquired providing proof is provided of visit to china and photo of couple.

It can be more difficult to marry in china then the U.S. but the K3 can speed up the process of reunion.

This is the route we are pursuing and appreciate any comments on our post.

 

thanks,

dave&wen.

211144[/snapback]

If you choose to marry in China, the single certificate is really quite simple to attain and not quite as painful as he leads you to believe and takes 2-4 weeks to get this done by mail. If you live in LA and want to walk it into the consulate it is faster.

 

You can also have this done at a US Consulate in China in about 1 hour.

 

Marriage Registration in China

How to apply

1. An Affidavit of Single Status signed before a notary public.

 

2. Authenticated by the clerk of the County of Los Angeles in which the document is commissioned if applicable. It may be omitted if the authority in item 3 will authenticate directly to the notary.

 

3. Authenticated by the Secretary of the State (Lieutenant Governor of Hawaii, Attorney General of Guam and of the Commonwealth of Northern Mariana Islands) in which the document is executed.

 

4. Authenticated by the relevant Consulate-General. You must apply to the correct Consulate-General which holds consular jurisdiction over your area of residence.

 

Here is a suggested format by the Chinese Consualte in Chicago

---

AFFIDAVIT OF SINGLE STATUS

 

 

On this date of _________________, I, (name of affiant) ,

 

residing at (street and number) (city) (state) (zip code)

 

BEING DULY SWORN DEPOSE AND SAY:

 

I was born on (date) at (city) (country)

 

I am a (country) citizen. My passport number is (##########)

 

I am a (current occupation) . I am employed by (company name and address)

 

I am currently single, have never been married (or was divorced/widowed on (date) and have never been remarried since that date).

 

Signature of the Affiant: _______________________________

 

Name in Print:________________________________________

 

 

 

(For the Notary Public)

 

Subscribed and sworn to before me by (name of affiant) on this____day of ________________.

[Randy W]

He may be correct for the first 6 to 8 years of those 11, but for the past two or three years, we've seen K1's take as little as 5 months to a year, while K3's typically take 12 to 18 months to more than 2 years.

[m-coon]

Our K3 took 8 months from start to finish. I don't think, had it been a K1, that it would have gone any faster.

But more importantly - I HAVE ALWAYS THOUGHT that the K3's tend to get through with less problems. I THINK the K1 is used more by people commiting fraud - therefore are looked at a bit more closely.

My conclusion - Go get married - File for your CR1 and then for your K3 - and take which ever one comes in first.

[Guest pushbrk]

Hello,

 

Spoke to an immigration attorney in LA,Ca. who explained to me that in his 11 yrs. of experience it is quicker by about 6 months to pursue a k3 vs. a k1 which can take up to 12 months. He also said that China has difficult rules in that what is required is a notarized statement to the effect that the individual is single and then two more notarized documents one from the county and state verifying the previous notaries. This is necessary b4 an american can marry a chinese person in china after which a K3 can be acquired providing proof is provided of visit to china and photo of couple.

It can be more difficult to marry in china then the U.S. but the K3 can speed up the process of reunion.

This is the route we are pursuing and appreciate any comments on our post.

 

thanks,

dave&wen.

211144[/snapback]

First, you've either misunderstood or taken poor notes. If you are getting married in China, you cannot file for a K1 visa. Perhaps your attorney was referring to the K3 being faster than the CR1 visa. He would generally be correct on that but to file for K3, one must first file for CR1, get the receipt and then file for the K3.

 

The best thing you did was to come here BEFORE you go to China and BEFORE you make all your decisions.

 

If you and your SO have decided to marry in China then you'll find all the help you need here to prepare for marriage. You'll need some papers and so will she.

 

If you're willing to read FAQ's and form instructions, pay attention to detail and humble enough to ask for help each step of the way, you'll be better off without an attorney, in my opinion. You'll end up supplying all the information for all the forms anyway.

 

You've already seen some information on what you need to do to prepare for marriage in China as a foreigner. There are actually three distinct ways for you to do this. Your circumstances will determine which is best for you. The requirements differ if you've been married previously.

 

When do you plan to go to China? Approximately where do you live? In which city does Wen live?

Edited April 30, 2006 by pushbrk (see edit history)

[david_dawei]

I think an attorney will tell you the K3 will take 6 months, but he won't tell you it is more expensive also, you will have to file many more papers, the CR1 and then wait for it to be approved before you can file the k3. I don't think 6  months is realistic. 

211151[/snapback]

we've seen spousal visas (CR1 , K3) faster than fiancee visas (K1).. depends on many variables... But 'generally', the K1s are faster than spousal visas.

 

As for fees.. the K3 is only a little more expensive in that you must file the I-130 petition first and wait for the receipt notice first.

 

Filing for K3 is optional and if you choose that [dual] path, your choosing some extra work, and a little more money. You can simply follow either or both of the spousal visas at that point.. to pursue both does incur much more money.

[ameriken]

He may be correct for the first 6 to 8 years of those 11, but for the past two or three years, we've seen K1's take as little as 5 months to a year, while K3's typically take 12 to 18 months to more than 2 years.

211172[/snapback]

I will mega-ditto Randy on this. Our research, as well as a preliminary discussion with an attorney, is that the K1 is overall the fastest and easiest, and cheapest visa.

 

We chose K1 for these reasons, but the biggest driving factor was this: what will put Jie into my hands (married or not) on American soil the fastest? The answer: K1.

 

With good paperwork, and a lot of luck, we got it in just under 7 months. Jie is here. Life is wonderful. We are now married.

 

Again: Jie is here......not in China waiting on someone at GZ to send another packet.

[Guest Paul]

He may be correct for the first 6 to 8 years of those 11, but for the past two or three years, we've seen K1's take as little as 5 months to a year, while K3's typically take 12 to 18 months to more than 2 years.

211172[/snapback]

I will mega-ditto Randy on this. Our research, as well as a preliminary discussion with an attorney, is that the K1 is overall the fastest and easiest, and cheapest visa.

 

We chose K1 for these reasons, but the biggest driving factor was this: what will put Jie into my hands (married or not) on American soil the fastest? The answer: K1.

 

With good paperwork, and a lot of luck, we got it in just under 7 months. Jie is here. Life is wonderful. We are now married.

 

Again: Jie is here......not in China waiting on someone at GZ to send another packet.

211216[/snapback]

Wayyyyyyyyyyyyyyyyyyyyyyyyyyy to go Ken, quite well said.

 

Wheel Man