Applying for K-3, switching to K-1

[Randy W]

If you just absolutely can't wait to be married, go the CR-1/K-3 route.

 

 

If you just absolutely can't wait to be together, go the K-1/fiance route.

 

 

Aside from the administrative considerations

Edited June 22, 2008 by Randy W (see edit history)

[Tom and Ling]

Another factor to consider is where you File the Petitions:

 

The Cal. Service Center has time lines for all I-129F K1, I-129F-K3 ,and

I-130 as doing December 18, 2007

 

However, Vermont Service Center has timelines for I-129F K1 and I-129F K3 as December 18, 2007,,,but for the I-130 they are only on the July 30, 2007

 

So..it seems also a difference what Service Center services where you live, since only two service center handles these petitions.

 

I think that either the K1 or K3 will be about the same time line, but it

won't be just 5 months........

 

Tom and Ling

 

 

 

 

 

If you just absolutely can't wait to be married, go the CR-1/K-3 route.

 

 

If you just absolutely can't wait to be together, go the K-1/fiance route.

 

 

Aside from the administrative considerations

[Randy W]

 

 

I think that either the K1 or K3 will be about the same time line, but it

won't be just 5 months........

 

Tom and Ling

 

 

 

 

There's an additional factor here. Before he can file the CR-1 and K-3, he must go to China (Aug 2008 on his current plan) and get married. The K-1 can be filed now.

[Tom and Ling]

Randy is right about the K1...if you don't want to get married, and maybe if you file the K1 now...it would not be long after Dec. that she would have her interview.........

 

Tom and Ling

 

There's an additional factor here. Before he can file the CR-1 and K-3, he must go to China (Aug 2008 on his current plan) and get married. The K-1 can be filed now.

[Reddragon75]

Hmmm...everyone has already given you so much great information, so I doubt anything I can say would help...lol. Anyway...WELCOME TO CFL!!

 

And remember...either way you decide to go....you will have to exercise great patience. As you can see from my timeline.

[xiaofeizhu]

I can't really offer any advice other than what has been said here.

 

If we were to do it over again, I think we would have still gone the CR-1 route. This is because, unlike most others, we were able to be together the entire time. If we were not able to be together, I definitely would have done K-1.

 

Each visa has it's pluses. I am kind of partial to CR-1 because there is no adjustment of status. However, if you can't wait to be together, CR-1 can feel like it's dragging on.

 

I know, not much help, but I did want to welcome you to CFL! I hope that you will find all the answers to your questions, if you don't, don't be afraid to ask!!

[dnoblett]

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 will need to cancel the K-1, and start over and file I-130 for a spousal visa and perhaps file I-129F after getting the receipt for the I-130 and start a K-3.

 

If you are spending time in China as a "resident" you can file the I-130 directly to the US consulate, this is much faster than CR-1 or K-3 filing to USCIS in the USA, and results in the superior CR-1 IMMIGRANT visa, NO adjustment of status like the K-Visas.

Edited June 23, 2008 by dnoblett (see edit history)

[ultradeepbase]

Thanks everyone. It has been awhile since I checked this thread, and I appreciate all of the good advice.

 

We have decided to go the K-1 (Fiancee) route. After nearly a month of getting everything together, I now have the completed I-129F packet ready to mail out tomorrow.

 

Also, as a side note, I just got my "F" visa to go to China, arriving Aug. 9 and staying for 6 months. So, I will mail this packet out today and with any luck my lao po will be coming to USA in early 2009. We will get to spend 5 months together this fall, so I am very happy.

 

Good luck everyone, and I will keep you informed of the progress.

[dnoblett]

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.

There is no switching, you will be abandining the K-1 and starting over by filing an I-130, and then perhaps an I-129F for a K-3.

 

The only advantage of K-3 is perhaps a month or so quicker visa. The CR-1 (I-130 filing only) is the superior visa, it directly results in a green-card upon entry, K-3 requires Adjustment of status ($1010).

 

K-3 is NOT work auth, so cannot apply for SSN, JOB, or even apply for a driver's license until they have EAD or Green-card from AOS. EAD can take 90 days or more to get.

 

DCF is another option for getting a CR-1 visa, however, US citizen needs to be resident in China for a set period before they can file I-130 directly to the consulate. DOS indicates 6 months residency, but several have indicated that the consulates in China accept a shorter period.

[ultradeepbase]

 

The only advantage of K-3 is perhaps a month or so quicker visa. The CR-1 (I-130 filing only) is the superior visa, it directly results in a green-card upon entry, K-3 requires Adjustment of status ($1010).

 

K-3 is NOT work auth, so cannot apply for SSN, JOB, or even apply for a driver's license until they have EAD or Green-card from AOS. EAD can take 90 days or more to get.

 

DCF is another option for getting a CR-1 visa, however, US citizen needs to be resident in China for a set period before they can file I-130 directly to the consulate. DOS indicates 6 months residency, but several have indicated that the consulates in China accept a shorter period.

 

I am a little confused. Please help me with some clarification.

 

So if I apply for a K-1 visa with a I-129F, it costs $455, plus $1010 to adjust the status? BUT, if I apply for a K-1 Visa, it costs $355 only? No other filing costs down the road?

 

I guess it is what it is, and I sent in my I-129F application this morning, along with the $455 check so I guess I am not going to turn back now. I just think if the only benefit is to come to USA a month quicker, that is an expensive extra month ($1110).

Also, if she comes into the USA on a K-1 Visa I read some where that she can get a stamp in her passport so she can work for 90 days, is this true? Thanks.

[Guest Rob & Jin]

Only POE that still does that is JFK.

[Randy W]

But the K-1 visa carries 90 day work authorization with or without the stamp

[dnoblett]

 

The only advantage of K-3 is perhaps a month or so quicker visa. The CR-1 (I-130 filing only) is the superior visa, it directly results in a green-card upon entry, K-3 requires Adjustment of status ($1010).

 

K-3 is NOT work auth, so cannot apply for SSN, JOB, or even apply for a driver's license until they have EAD or Green-card from AOS. EAD can take 90 days or more to get.

 

DCF is another option for getting a CR-1 visa, however, US citizen needs to be resident in China for a set period before they can file I-130 directly to the consulate. DOS indicates 6 months residency, but several have indicated that the consulates in China accept a shorter period.

 

I am a little confused. Please help me with some clarification.

 

So if I apply for a K-1 visa with a I-129F, it costs $455, plus $1010 to adjust the status? BUT, if I apply for a K-1 Visa, it costs $355 only? No other filing costs down the road?

 

I guess it is what it is, and I sent in my I-129F application this morning, along with the $455 check so I guess I am not going to turn back now. I just think if the only benefit is to come to USA a month quicker, that is an expensive extra month ($1110).

Also, if she comes into the USA on a K-1 Visa I read some where that she can get a stamp in her passport so she can work for 90 days, is this true? Thanks.

Here are the 3 main visa petitions filed through USCIS and associated costs later at DOS, and AOS later after entry.

 

K-1:

I-129F: $455

Consulate visa fee: $131

AOS: $1010

($1596)

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

Fees not in the figure are Medical, Vaccinations.

 

K-Visas do medical in China, and get vaccinations in China or USA, and get Record transfered in USA to an I-693 for adjustment.

 

CR-1 visas get Vaccinations AND medical done in China.

 

Only POE that MAY give an EAD stamp is possibly JFK.

 

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

Edited July 21, 2008 by dnoblett (see edit history)

[LeeFisher3]

Thanks everyone. It has been awhile since I checked this thread, and I appreciate all of the good advice.

 

We have decided to go the K-1 (Fiancee) route. After nearly a month of getting everything together, I now have the completed I-129F packet ready to mail out tomorrow.

 

Also, as a side note, I just got my "F" visa to go to China, arriving Aug. 9 and staying for 6 months. So, I will mail this packet out today and with any luck my lao po will be coming to USA in early 2009. We will get to spend 5 months together this fall, so I am very happy.

 

Good luck everyone, and I will keep you informed of the progress.

Sounds like a plan.

 

As you will be out of the country, you need to be sure to have someone check your mail in the event you get an RFE (Request for evidence) concerning your I-129F filing. If you don't respond to an RFE within the time frame given in the letter they will cancel the petition.