K1 or K3 that is the question?

[NDTPRO]

I agree with M-Coon, I think that CR-1 , K-3 is a good approach, I also will tell you I think it is all a crap shoot on processing time, the better prepared your documents the quicker you are able to turn around your responses to the INS, NVC and GUZ folks the quicker your case will reach its end result. In my case, once Min and I decided to get married, (we met in 2003, I had visited her in Feb 2004) I went to chengdu last July 4 weekend and got my single certificate from the Embassy in Chengdu, I presented my certified copy of my divorce document, my fiance's ID card and passport and in 10 min had my single certificate. They did ask me a few questions after they took my future wifes Id, what is your future wifes name?, what is her birthday? Don't laugh because there was a guy at the counter before me that was there for the same reason but didn't know his fiances current last name or her birthdate and they told him to try again in 90 days when he knew his fiance's, Bio information better.

Next we married on July 5 2005 I had prepared all the forms and documents needed in advance had my wife and son sign everthing just left off the date. Upon return to the US I filed the I-130's with Vermont service center, on 30 July 2005 . We went to the K-3 inteview on April 19, 2006, Our CR-1 was ready so The Guz embassy asked my wife if she wanted to take the CR-1 instead, ofcource she said yes and they asked her if she had all of the completed forms necessary and she did it took an extra 3 hours to make the change I was waiting in the coffie shop on the fourth floor sitting on neddles and pins as it was 12:00 pm and finally one of the other ladies that got her Visa came down and found me to let me know my wife was approved but it was a CR-1 instead of K-3 so it would be a couple of hours more, she finally emmerged around 2:30 pm with her pink aproval slip . (thank god for being prepared) my CR-1 total process was 8 months total.

The other thing I did was act as as the agent for both my wife and son which sent all the documents to me first. I was able to turn the responses around overnight. The GUZ just sent the P-4s to my wife on March 25. I choose to go to China and help my wife move, and to say her goodbyes to her family, This was a priceless experience, It went well but extracting a well connected Chineese woman from China and her family was quite a lesson in humility for me.

I was also happy to bring my honey home to New Jersey with me on Friday the 28th of April We move 6 large suitcases and 6 carryon bages and now my training begins,

I hope this information helps.

I also don't think anyone need a lawer to complete this process (too expensive and too many oportunities for mistakes) Just get the forms and follow the directions. If you have questions just throw them to CFL I find most of these people have the know how to answer your questions or direct you to the right answers.

[Chad]

I would definately not get a lawyer. There is plenty of information and people here that can help you. I did the CR-1/K3 and my CR-1 caught up to the K3 in october but my Laopo's interview is in May (23 days!). The K3 doesnt always help. In this case I wasted the money. I think the reason mine took so long wsa because my wife has a daughter. This seems to draw out the process some, although I cant think of a reason why a 5 year old could.

[coulter]

Different lawyers have different opinions. Before deciding to apply for the K1 myself, I paid a lawyer in Denver for a 1/2 hour of time and was told that a K1 is generally faster. But like many others have said above, a lot depends on your facts and circumstances, and apparently to some degree, "luck."

 

But if you can follow the many web postings here and sample forms at Visa Journey, and there are no "problems" with your personal facts and circumstances, then save the money you would pay to an attorney and do it yourself.

[tonado]

The issue is not which one is faster but which approach you will take. Marry someone in China is riskier if you only spend limited time with her (unless you are living there with her now). K1 is less risky because she would come to USA and you spent some time with you before getting married. During that time, both of you would know if the relationship would work out. It can have nothing to do with loving each other. Sometimes she will miss her family and country that she wants to go back. If you get married in China and things don't work out prior to getting the visa, you would have to get a divorce. If you do a K1, breaking up is easy.

[Guest pushbrk]

The issue is not which one is faster but which approach you will take.  Marry someone in China is riskier if you only spend limited time with her (unless you are living there with her now).  K1 is less risky because she would come to USA and you spent some time with you before getting married.  During that time, both of you would know if the relationship would work out.  It can have nothing to do with loving each other.  Sometimes she will miss her family and country that she wants to go back.  If you get married in China and things don't work out prior to getting the visa, you would have to get a divorce.  If you do a K1, breaking up is easy.

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I advise you to make the most mutually beneficial decision about where and when to marry. Tony gives mostly the USC perspective but in my opinion your Chinese SO takes a much greater risk in the K1 process because she doesn't have a husband. Even for the USC, the level of commitment is technically less in both directions.

 

Whether you and your SO are more comfortable with marriage before or after arrival in the US is a decision best made carefully and openly.

 

I may have misunderstood but it seemed to me you had made the decision to get married and simply referred to K1 when you meant CR1. If not, please clarify.

[hunter]

Well, lets see. I'm doing K-3 route, and I started it in September 05. I believe it was 17th when I mailed the I-130 app out. My wife has interview June 6. If she passes, we are only 9 months for K-3. Thats not bad.

[Tine & Ella]

1. I am offended my mcoon's comment about K1 being used for commiting visa fraud. Just because you get married first does not mean it not fraud.

2. I you think about it blue slips K-1 vs K-3. I think I have seen more K-3s get blue slipped than K-1.

 

Dave, do what is right for you and your SO. You can get your loved one here in about the same time. Get married here or there, whatever you want, you don't need an atty.

[Guest pushbrk]

1. I am offended my mcoon's comment about K1 being used for commiting visa fraud. Just because you get married first does not mean it not fraud.

2. I you think about it blue slips K-1 vs K-3. I think I have seen more K-3s get blue slipped than K-1.

 

Dave, do what is right for you and your SO. You can get your loved one here in about the same time. Get married here or there, whatever you want, you don't need an atty.

211342[/snapback]

MCoon made a statistical observation only. It was not a judgment about K1 visa seekers. I don't know if his observation was correct but making it says nothing about any individual's specific choice.

 

I'm in the no attorney crowd too. I'd rather spend the money on a visit to China than wasting it paying an attorney for something I can do better.

[Tine & Ella]

Pusbrk, I don't think he has ever looked at any stats. How can you speak for him.Can you show me any stats that there is any more visa fraud from K-1 applicant than K-3.

 

I will quote him

 

"I THINK the K-1 is used more by people commiting visa fraud-therefore looked a bit more closely."

 

Tine

[Guest pushbrk]

Pusbrk,                                                                                      I don't think he has ever looked at any stats. How can you speak for him.Can you show me any stats that there is any more visa fraud from K-1 applicant than K-3.

 

I will quote him

 

"I THINK the K-1 is used more by people commiting visa fraud-therefore looked a bit more closely."

 

Tine

211356[/snapback]

Of course I don't know what statistics he's looked at and I don't have any either. I'm not defending his observation as true and said so. What I'm saying is that the meaning of the sentence you quoted does not come across as any kind of indictment of those who choose K1. The operative phrase is "therefore looked a bit more closely". I don't know if that's true either but it says nothing about the validity of the choice for those who choose it. It says nothing about you or anything offensive to any person.