K-3 vs K-1

[Guest Patrick_A]

Hello all,

How does NVC handle K-1's versus K-3's. Are they handled differently? Which has priority?

Another question regarding nationality, Why are the Chinese and Russian citizens required to wait so much longer? Seems to me our focuses as a Gov't should have shifted away from them to the Mideastern countries. I am just curious and not wishing bad luck on anybody. We all want the same thing, and that is for our Loved ones to be with us!

 

Thank you all, Patrick

[MarkLuvsShuPing]

I'm just taking the first steps in this process, in fact I haven't filed any papers at all yet. I do plan to go to China in Nov to marry ShuPing. The plan at this point was to do this "unofficially" and apply for a fiancee visa.

 

My reason for the fiancee visa comes from a web site (http://www.apvisa.com/affiliate179/index.htm) that I came across a month ago. It's a website for a visa processing service. This site suggests that a fiancee visa is easier to obtain than a spouse visa. (Especially if you use their service ) Rather than trust info from such a website, I'd like to ask CFL members a similar question as Patrick...

 

Which is easier to obtain K1 or K3? If K3 is being processed quicker than K1, it would seem that an official marriage in Nov would be the way to go. What do you think?

 

Thanks for all the help and support in advance, I know I'll be visiting CFL often.

Mark

[wolf]

Mark and Patrick,

At one time before 9/11 the government was saying that a k-1 was faster because a k-1 wasn't considered as a perment immigration. But now that has changed and both are considered prement immigrations. The time can be faster for one than another, but it would depend on the service center you go through and also the security check at NVC. It's the luck of the draw. Watch out for some of these agencies that offer help for a fee. Some are just crooks like the lawyer I hired. Donahso may know more about the k-1 or k-3, but I think I got it right?

[tonyuab]

I called some immigration lawyers before applying K-3. They all suggested K-1 visa. I think the reason is they always process K-1 visa and have less experience with K-3. I still chose K-3 visa because my wife wanted to get married first. It turned out fine.

[Kaige]

We applied for the K-3 because we were married, thought this was the way to go. it was stated under the life act that it would be quicker, but 9-11 happened and the government still does not have everything together. You can easily get the forms you need from the gov't and avoid paying an attorney. I meet one person that went to China to bring his wife home prior to 9-11 in L.A. Airport and it took his atty. a little over 1 year, they always work slow even though the money is coming in, I just don't have a high opinion of them, better off getting the forms and fill them all out completely, and make sure they are all signed, it will go quick.

[MarkLuvsShuPing]

Making our committment to each other, family and friends through marriage is our first objective. "Legally" married or not depends on what will bring us together the quickest.

 

I'm in Denver, so I'm not sure how well it works here. Looks like K-3 is the way to go though. I will take your advice and read more postings though.

 

I did e-mail the 001 link to ShuPing, I'm sure she will find it helpful.

 

I'm learning more about this everytime I visit.

 

Thanks so much Don and everyone else.

[robhon]

I'm going to have to differ on the atty issue here. I would just say that, K-1 or K-3, it's a fairly complex set of forms to file but not much more than filing your 1040 and supporting docs for your taxes each year. Sure, there are services who will do it for a few hundred dollars or you can do it yourself.

 

Problem is, the consequenses of screwing it up are much more dramatic on a personal level. One of my employees went the way of a cheap service, they filed the papers incorrectly and had to restart the entire process after a year of waiting. It was more than two years before she got to be with her husband.

 

What scares me is, that cheap service is filled with people who file these things all the time, and they screwed up. Sure, an expensive lawyer could screw up as well. I think it's logical to assume, I'm probably the most likely person to screw up, having the very least amount of experience in the process. A cheap service is probably less likely to screw it up than me. A good immigration atty is probably least likely to screw it up.

 

There is likely an inverse relationship to how loud people scream when things do get screwed up. The more cash you laid down, the louder you scream. If you screw it up yourself, you just silently kick yourself in your lonely little room.

 

I, personally, have an accountant do my taxes every year. Why would I have a professional take care of my money but not my family? My wife and baby are more important to me than all the money I have in the world, and then some. Paying some extra green backs as insurance that we can be together quickly (as possible) is a small price.

 

I've been in China (Chongqing) for the past three weeks, incommunicado. Nice to be back! Hi everyone!!

[MarkLuvsShuPing]

I file my own taxes and I usually use the 1040EZ form. What does that say about me?

 

Point taken though Rob, thanks.

[tywy_99]

The K3 paperwork wasn't difficult at all. Why pay someone $500 to to the paperwork when you can do it yourself? Just make absolutely sure that you follow their instructions to a tee and before mailing it, check and double-check it. By the time I had my "finished product" together, it looked well worth $500!, with the "clamclips" side by side and the two holes punched at top with the little hole reinforcement thingys all held together with a small aaco clip. I am sure someone in INS appreciated that!

It took a whole weekend and half of a color inkjet cartridge but at the end, it was a real work of art.

Gathering the paperwork needed to marry your loved one was a really smooth process too.

If only the visa process went as smoothly!...

[Robert S.]

If you will use this immigration forms service it will make the process of filling out the forms a whole lot easier. You can edit them as much as you like. The marriage based visa package will take you all the way thru the process for a big $24.95. Their forms are expandable, unlike the online forms provided by the BCIS. (I get nothing for recommending them, I just do so because I think the better your package looks the quicker it will be processed, and I had a struggle trying to fit the info into the forms before I found this service). My case was more complex than most people but I did okay without an attorney.

[robhon]

Yeah, I would add one caveat to all that I said before. If doing this kind of stuff is your cup of tea, go for it. Many people do their own 1040 long forms and are fine. Over the years I've very much come to appreciate "the professionals."

 

I'm sure many people get through the process fine with out the aid of an atty. For myself, I find it a matter of risk management. (It's the private pilot in me.) The consequences of accidently getting something wrong, which we all admit is possible, is too great. I'd just, far in a way, rather miss my money than miss my family.

 

Bear in mind that my situation also involves a wee one on the way...

[MarkLuvsShuPing]

If you will use this immigration forms service it will make the process of filling out the forms a whole lot easier.  You can edit them as much as you like.  The marriage based visa package will take you all the way thru the process for a big $24.95.

Thanks for the link Robert, I checked it out and this looks like a really helpful service The price is nice too. Definitely something I can use.

 

Now if we could get them to put IRS forms on their service, I could file the long form .

[tywy_99]

I would never dream of doing my taxes. That is one thing best left to the professionals, however, I can make a distinction between the 1040 and the I-129f.

 

Prior to getting my K3 package together on that weekend, I first studied the forms, procedures and any other information pertaining to it thoroughly and meticulously, and an attorney wouldn't have helped me much anyways, although I did look into it. I did get some gratification out of doing it myself and by my posts maybe I can relieve any apprehensions one might have about the process. It's really not that difficult.

I know that everyone's situation is different in that some cases have more involved than others and some feel more comfortable having it prepared by an attorney. This is just my humble account on how I handled it.

 

About my situation, however, there is one thing I do know, and that is, that my package went in the mail with more heart than any paid preparer could give.

[skrunks]

I'd agree with those who said "do your own" IF you are good at that sort of thing. I did my own I-129 and all the related paperwork, but I was very meticulous, read everything I could about it and made sure I followed directions to a "T", including the order, what words to use, when to use N/A instead of other verbage, etc. I was approved in less than 30 days. That was Apr, 2002. Finished and turned in background paperwork in Aug 2002, and now still waiting for name check at NVC (caught in vetting and interagency delays like everyone else) and subsequent interview though...long waits. Making it especially difficult is that my g/f changed her name a few years back...and she traveled extensively in europe.

 

The advantage of using a law firm is that many specialize in the practice and know exactly what to do and how to do it. If your fiance is not good at US paperwork, doesn't speak fluent english or is very nervous about the the interview, it might help to get counsel. Even if you go to help out at the interview, they won't let you attend.

As someone said, the price of erring is high as your time lines, which are long to begin with, get lengthened. However, using a law firm isn't cheap, looking at the many quotes I've seen it ranges from a grand to as much as 2 grand for the whole process (I-129 to visa completion). You have to weigh that against the possibility that your fiance may call you and say the interview went badly and she was denied OR you receive an RFE that has you scrounging for stuff that should have been sent in with the original packet.

 

I elected to do things myself...so take my comments with a grain of salt.

 

There ARE people who are dishonest and use the K1 process for their own gain. The interviewers know the profile of those people and are looking for them...and if you happen to match the profile, you may get turned down. One thing that many people think is that you should go "armed to the teeth" with as much evidence of your relationship as possible at the interview....but then I have heard that is part of a negative profile as well. I'm not a lawyer, but b4 the interview, I would definitely talk to a firm who knows how to prepare for the interview in the country and consulate of interest. Cheap insurance.

 

Back to your original question about why Guangzhou experiences delays more than other consulates abroad. Apparently it was a point of entry that was identified as one which suspected terrorists had used -- therefore it deserved special attention.

 

Waiting is hard -- but the "bright spot" is that K1 visas do get approved, they do happen. I'm in the same boat as everyone else, wishing that the govt would help speed things along, so.....keep the faith! good luck to us all.

[Guest R2D2]

and God bless us all.