k3 vs. k1

[chinadave2001]

When I first became engaged to Sarah, we considered getting married in China. But after reading numerous websites, we came to the conclusion that a k1 would be faster. Having now been in this process for nine months, I regret that decision. It seems to me that there are two good reasons to get married rather than wait.

1. They seem to be giving k3 priority over k1's.

2. K3 get their green card right after arriving, rather than having to wait up to two years before doing an AOS. I think this is reason enough to prefer the k3 over the k1. No need for forgiveness for travelling - lots less hassle.

 

Of course, few people will ever read this prior to making the decision, as people don't go looking for the answer to a problem that they don't know they have yet!

dave

[Guest jemodurn]

Totally Agree. What to do now? I am married, but still doing the K1 visa because I applied 7 month ago. Can I change to K3? Will this be another year of nightmare?

[chinadave2001]

I considered doing this a few months ago but members here said that that would be foolish because we would essentially start over from the beginning.

Dave

[tonado]

K1 is better K3 for the following reasons:

 

1. K1 is usually faster to get than K3. Even if there is more to do once she is in USA (AOS), you will be together anyway.

2. Some people may get married too fast while doing the K3 without spending enough time with the Chinese lady. I am not referring to couples who chose to live in China while waiting for the K3 visa (like Owen). Also, the Chinese lady may not like America. If the relationship doesn't work out once she is in USA, then you need to get divorce and more headache. She may even entitle to half of your assets. For K1, you get to spend more time with her in USA. If the relationship doesn't work out, then she just go back to China within 90 days. There is less headache.

[tonado]

Totally Agree.  What to do now? I am married, but still doing the K1 visa because I applied 7 month ago. Can I change to K3? Will this be another year of nightmare?

I don't think you can do K1 anymore since you are married.

[owenkrout]

Your right ttlee. If you have gotten married, then you need to notify GZ and submit the paperwork for a CR-1 visa. Don't give some bureaucrat the excuse to accuse you of visa fraud. Likely that they would never find out and no harm really intended, but if they did it could permanently cost her a visa.

[chinadave2001]

Some people may get married too fast while doing the K3 without spending enough time with the Chinese lady.  I am not referring to couples who chose to live in China while waiting for the K3 visa (like Owen).  Also, the Chinese lady may not like America.  If the relationship doesn't work out once she is in USA, then you need to get divorce and more headache. She may even entitle to half of your assets.  For K1, you get to spend more time with her in USA.  If the relationship doesn't work out, then she just go back to China within 90 days.  There is less headache.

I guess it depends on one's particular circumstances, which makes sense of course. In our case, it would have been better to do a k3, if we knew then what we know now.

dave

[Jerry]

"For anyone filing at NSC or TSC, a K-3 may be much faster"

 

Don,

 

Don't all I-129F (Both K1 and K3) go to Chicago, then Missouri. What do you mean if you file at NSC or TSC? You only file for CR-1 or IR-1 at these regional offices. All I-129F go to the same place.

 

Am I missing sth?

 

Jerry

[chinadave2001]

Do k3's also have to wait two years to get their green cards like K1's ? Or do they get their green cards immediately? Just curious...

Dave

[chinadave2001]

Thanks Don. I was really confused. One more question then - do we need "forgiveness" only while we are waiting for the AOS or for the entire first two years? This is important to me because I am considering taking a teaching position abroad next year in England.

Thanks, Dave

[Eric&Yuhui]

If your lady gets her green card (I assume you want her to go with you) there shouldn't be a problem. At least I don't THINK there is a problem, but something is nagging me about being out of the US for over a year.

 

I'd suggest searching britishexpats (in the Links & Resources folder) or here:Google usenet

Answer is easy.. If away for more than one year, one needs a REENTRY PERMIT. And this is not Advance Parole. They will ask why one was away so long.

[chinadave2001]

actually we wouldn't be gone for an entire calendar year, if that makes a difference. 10 months is more likely. but it seems that you all are suggesting that it is possible....

thanks,

dave