Applying for K-3, switching to K-1

[ultradeepbase]

Hello everyone, my first post here. I have been learning so much from this site, it is such a godsend! Thanks all for sharing your knowledge. I hope to have my own experiences to share soon... but on with the questions...

 

 

I am studying in China this fall on a 5 month trip, (August 08 to Jan 09) and am engaged to (of course) the most wonderful woman I have ever known. Skipping the love story, I am plotting the most efficient way to get her back to the U.S.

 

We were originally planning on marrying in August and I was going to submit the paperwork for a K-1. However, I leave China in January 2009 and I just don't think by having to use international mail to file back in the U.S. and getting my folks to forward mail from the U.S. to me that there is a snowball's chance in hell of her getting an interview by late December. (Aug - Dec = 4 months).

 

BUT, my terrific brainstorm was to submit an application for a K-3 visa for her now, so the initial flurry of paperwork/envelope swapping is through before I go to China... and then once in China we go ahead and get married, hoping that if she has her interview by December (June-Dec = 6 months) then I can just bring her home with me. The affadavit of support is no problem, and neither really is any of the other paperwork.

 

I am just concerned that if the K-3 is in progress and she gets an interview she will have become a spouse instead of a Fiance and the red tape will tackle us because the wrong form numbers are on her petition.

 

So, I guess my first question is, has anyone ran into this? Secondly, am I dreaming to think that if I file a K-3 petition in late June that we will get an interview by late December? I really want to be in China when my love goes to GZ so I can help her and watch out for her. Her English is spectacular, but still I worry about her going through all that by herself.

 

Thanks, any info is MUCH APPRECIATED!!!

[chilton747]

You have to be married before you can file a K3.

[IllinoisDave]

Welcome to Candle. Have you considered a Direct Consular Filing?

[ultradeepbase]

Okay, sorry, I think I switched up my Ks... I mean to apply as a K-1 (Fiance?) AND THEN, once we get married in China, we would need the K-3 (Spouse?)

 

 

Sorry, kinda new here.

[ultradeepbase]

Concerning the DCF, from what I have read you need to be in China for 6 months first, before you do a DCF? I will only be in China for a total of 5 months... we plan on marrying my first week there, and there is no way I can stay longer than 5 months...

[dale7570]

Okay, sorry, I think I switched up my Ks... I mean to apply as a K-1 (Fiance?) AND THEN, once we get married in China, we would need the K-3 (Spouse?)

 

 

Sorry, kinda new here.

 

 

you can't switch your visa app from a k-1 to a k-3. if you file a k-1 and get married you would have to cancel your k-1 app and start a new app for the k-3. it will be much simpler if you pick one type and stay with it.

[Sebastian]

I"m missing one point.

 

Have you MET her face to face yet? IF NOT, it won't matter WHAT type o Visa Petition you file on her behalf - you simply will be denied without meeting her FACE TO FACE first, and submitting evidence of your travels in the first mailing to USCIS. [ e d i t ] - never mind - i see you've posted a timeline that included that trip to China already. Thanks for writing it - it makes it useful for others to be helpful.

 

I'll suggest to you that perhaps, maybe, yer brainstorming has short circuited a few important brain cells. I'd suggest to you as well - that you PREP an I-130 NOW, with all of the supplementary paperwork, and get a buddy to file for you once you've sent the notarized copies of the wedding certificates into your buddy stateside.

 

Welcome to CFL, btw.

 

Please read the Comprehensive EZ-FAQ over at

http://candleforlove.com/FAQ/CFL_EZ_FAQ.htm Take a few days, let it sink in, and qwell that brainstorm before the fever rises, ah? There's a TOC for the mini faqs as well over at http://candleforlove.com/forums/index.php?...mp;#entry233487

 

Also, you'll find the search engine a bit braindead at times.

I suggest you use The Google instead.

go over to www.google.com and enter

site:candleforlove.com <<search terms>>

 

and you'll get a useful search result set.

 

 

If you wanted to attempt the DCF, you'll have to be ready to file it within a few days of being married. Interestingly enough, the length of stay requirements vary from consulate region to consulate region. Of course, the DCF is a nickname for the I-130 petition filed for CR-1 permanent residency status via a Direct Filing at a Consulate. You have a bit o time, practice filling out the I-130 and the subsequent paperwork while yer stateside, and prove up your USA residence address as well. I also suggest you look up Sadie here, and study her posts about her DCF experience. Click on 'members' in the upper right hand corner, then do a search, then look at her profile, then click on 'profile options' and select 'find member's posts' and read everything she's written here.

 

Good Luck !

Edited June 22, 2008 by Darnell (see edit history)

[ultradeepbase]

I"m missing one point.

 

Have you MET her face to face yet?

 

 

Haha, yeah, you need to reread my post, I covered that topic extensively when I said "Skip love story"...

 

 

Just kidding, I really appreciate your feedback. Yes, I went to China for 6 weeks last summer and it confirmed to me that she is indeed my soulmate. We have met in person, and we will meet again.

 

I really like your idea of prepping the I-130 before going over there. To me that makes the most sense. We want to get married, and to be over there for 5 months while a fiance visa is processing does not seem to smart to me when we could instead get married and eliminate that obstacle, as it were. I really wish I could do a DCF right after we get married, but I will be over there on a 5 month visa for school, and from what it looks like I won't have a chance to get a residence card or whatever you need to DCF.

 

Thanks again for your idea, I really appreciate it!!!

[Sebastian]

reread my first reply - i did some extensive editing.

[ultradeepbase]

reread my first reply - i did some extensive editing.

 

Thanks Darnell, I was editing my signature line while you were posting your first response...

 

I will look up Sadie like you suggest. Since you seem rather knowledgeable, perhaps you could help me develop a plan for my buddy to submit the I-130 a bit more...

 

After he submits my packet, and they send the first envelope back to my address in the USA, are there going to be any documents in that package that can only be returned if they are the originals? Because, if that is not the case, then my same buddy could scan in the documents in that first package to my USA address (since I will still be in China) and then email them to me... then I could print them out, fill them out, and express mail them to him to forward on...

[david_dawei]

I am plotting the most efficient way to get her back to the U.S.

 

I really like your idea of prepping the I-130 before going over there. To me that makes the most sense. We want to get married, and to be over there for 5 months while a fiance visa is processing does not seem to smart to me when we could instead get married and eliminate that obstacle, as it were.

 

If you want the most efficient way, you go K1...

 

Your second quote above is not quite clear, but there is no obstacle to eliminate with K1; even you get married in china, you will spend time for the spouse visa to process while there; something has to process either way.

 

And the fact is: Getting married and filing is going to take quite a bit longer than K1.

 

K1: You could file today if the papers were ready... at this point, you have to get the papers, fill out, sign, and send to someone to mail into USCIS (or I guess you could mail it directly yourself but there might be other things someone prepares that you cannot from china).

 

K3: I think your not aware of is, you must first:

- Get married (that is going to take some time to do since you need a single certificate from the US consulate; arrange the marriage time and do it--already creating a petition filing for K3 obstacle really)

- You CANNOT file the petition for K3 after marriage; you can only file a petition for CR1 and then wait for it's approval; then you can file a petition for the K3... another obstacle for K3... So you will have to put together two packages for filing...

 

SO you see, there are more obstacles for a petition leading to a K3 and longer time... Add a 2-6 months depending on how long it takes for the various K3 obstacles

 

BTW: If you filed the K1 now, there is still no way you'll get an interview by Dec... Give a K1 10-12 months from filing. K3 is about the same from filing, but you have ostacles that add time to the filing...

[Sebastian]

David - thanks for reminding me - when I was first writing up a reply, it seemed all muddled.

 

UltraDeep - since you've made a trip already - there is NOTHING preventing you from filing a K-1 NOW with solely the I-129F paperwork. You would have to postpone yer marriage until she is stateside, that may be a bad thing for you two, emotionally, but who can say?

 

Good luck with whatever route you decide to take !

[rogerinca]

What David says, is as usual, correct.

 

It is too bad that considering your plans and the fact you made your first visit nearly a year ago, you did not file the I-129 petition for K-1 a bit sooner.

 

If you can hold off on the marriage until her arrival in the US, then the K-1 will be the fastest route. Moreover, while there were some very long delays in the process and getting out of the Service Centers this past year, due most in part to the fee increases; it now seems that the log-jam has cleared out and by summer's end we [may] see a return to the 7.5 to 8.5 filing to interview times again, for the K-1's.

 

Likewise, if it is essential to marry in China (personal/family reasons) then the K-3 will still be faster than the CR-1, and I see those K-3 timelines also returning to previous norms, later in the year.

 

The K-3 and CR-1 each have pros and cons, depending on one's on unique situation. The CR-1 does have the greater number of 'pros' but it is slower in processing due to the additional background checks being accomplished while Lao Po is still in China, vs. while she is here in the US, at your side. For me, this was the overiding factor.

[ultradeepbase]

Thanks for all the great info.... It is a hard decision to make. We have pros and cons for each situation. I really appreciate all the good info. Thanks everyone.

[jim_julian]

There is another factor to throw into the mix. If you go the K-1 route and you want to essentially have the same effect as a wedding for her family you can have a wedding banquet in China ... sans the official administrative part of the marriage. Or to put it another way, have the party but don't get the Red Book.

 

In many families this has essentially the same effect as getting married. Typically it's a big lunch and dinner party with speeches, drinking, food, gifts, celebration, gifts, etc. We were K-1 and after the party the whole family treated us exactly as if we had been married.

 

In my view, there are also administrative advantages to getting married in the US. Others can make an equally compelling case to marry in China. It's an individual decision, but I thought you should also factor in the possibility of the wedding banquet which may allow you to have the best of both worlds.