Should we do K3 or K1?

[Student T]

Long story short,

I met my girlfriend in grad school in the US and we are now both engaged. Unfortunately she just graduated on a F1 visa but previously had a J1 visa with the 2 year restriction (7 months left on it) from another program so we can't just simply get married in the US unless we file for a waiver because the AOS won't go through. She also has job opportunities in China right now and zero prospects here (her field is in finance) so she thought it would be more useful for her to go back for a few months then come back when the economy is better. Hence we thought ok, she can come back on a K1 or K3 visa.

The question is, and I still haven't been able to figure this out, is whether it is better for us to get married now in the US and file for a K3 or wait and file for a K1. We are also applying for the J waiver regardless as that would potentially reduce the 7 month delay before filing for K1/K3.

If anyone can offer some statistics on the difference between k1 and k3 processing time, or anything else that's helpful, it would be really appreciated. We have talked to two lawyers, but they are quite unhelpful when it comes to quantitative evidence.

[nandj]

Hi,

 

I was married on Nov. 6, 2007 and have been dealing with the K3/K4 process for going on 20 months now. I understand the K1 is a little faster, however I can not vouch for that. From personal experience I can say that if there are no children involved (on your ladies side), there are less chances for delays or concerns from the consulate.

 

Just make sure that you have a lot of documents, pictures, and other items that show the evolution of your relationship. You will find this to be very important when you start submitting your evidence.

 

Best of luck to you,

Ning and Jim...

[samsong]

I never seen in any real difference in the two visas as far as time goes, one is just as good as the other. But it might be better to file for the K1 fiancee visa and leave marriage out of it for the time being.

Of course, the choice is your decision in which way to go. Either way is good.

As nandj says, take alot of pictures of you two together before she goes back to China.

 

Good Luck!

[dnoblett]

I always wonder why people get fixated on the K-Visas? I understand K-1, but K-3 is an OPTIONAL visa type based on he IMMIGRANT CR-1 visa.

 

K-1 is the quickest due to processing. It is for marriage in the USA and only requires that the couple had met sometime with two years prior to filing the I-129F

 

CR-1 and the OPTIONAL K-3 requires marriage first.

 

K-3 was developed as an OPTION when USCIS was taking a year or longer to process I-130. The K-3 allowed spouse to enter the USA and WAIT for I-130 to be approved. Since USCIS has been approving both on same date the reason for the K-3 no longer exists.

 

MORE: http://candleforlove.com/forums/index.php?...c=37445&hl=

 

CR-1 costs the least.

 

K-1:

I-129F: $455

Consulate: $131

Adjustment Of Status: $1010 I-485

($1596)

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

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

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[Randy W]

What you need to determine is whether she will actually need to leave the country. She has an F-1, which will allow her to stay for a year.

 

It seems to me that you could get married, and file an I-130 and I-485 simultaneously.

 

Why would the J visa prevent you from doing that?

[Randy W]

I believe the F-1 gets you off the hook for the J-1

[whome?]

What you need to determine is whether she will actually need to leave the country. She has an F-1, which will allow her to stay for a year.

 

It seems to me that you could get married, and file an I-130 and I-485 simultaneously.

 

Why would the J visa prevent you from doing that?

good point ... this would seem to be a good option.

[Randy W]

Maybe not - you're in a better position to know than I am - you can always take full advantage of the F-1 (1 year) while waiting for the waiver. If she HAS to spend 2 years in China, a K-1 may work better - I'm thinking the USCIS MAY notice she's still serving her time on the J-1 and block an immigrant visa

[Tom and Ling]

I always wonder why people get fixated on the K-Visas? I understand K-1, but K-3 is an OPTIONAL visa type based on he IMMIGRANT CR-1 visa.

 

K-1 is the quickest due to processing. It is for marriage in the USA and only requires that the couple had met sometime with two years prior to filing the I-129F

 

CR-1 and the OPTIONAL K-3 requires marriage first.

 

K-3 was developed as an OPTION when USCIS was taking a year or longer to process I-130. The K-3 allowed spouse to enter the USA and WAIT for I-130 to be approved. Since USCIS has been approving both on same date the reason for the K-3 no longer exists.

 

MORE: http://candleforlove.com/forums/index.php?...c=37445&hl=

 

CR-1 costs the least.

 

K-1:

I-129F: $455

Consulate: $131

Adjustment Of Status: $1010 I-485

($1596)

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

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

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

 

Hi Dan,

 

You seem to have a "Canned response to the Visa issue".

I guess you will always be selling the CR1.........

 

Tom and Ling

[whome?]

Maybe not - you're in a better position to know than I am - you can always take full advantage of the F-1 (1 year) while waiting for the waiver. If she HAS to spend 2 years in China, a K-1 may work better - I'm thinking the USCIS MAY notice she's still serving her time on the J-1 and block an immigrant visa

Your right .. the OP stated she had the 2-year period on her J Visa and had 7 months left. Duh ... did not see that the first time..

 

However I am confused .. she is in the USA now on F Visa before the end of the 2 year period of the J visa?

 

I did a google search and there is some information on VisaJourney and other immigration forums. However you may need to ask a Lawyer (although after my experience with my well known Calf. lawyer you better off to figure it out yourself) or use an INFOPASS and ask directly.

[Randy W]

Yes - you can get an F visa by leaving the country (not necessarily to China). Normally, an F visa would allow you to marry and adjust status bAsed on that, but the J visa may block the AOS until she completes the 2 year sentence to China, or gets the J waiver.

[Guest Wuhan4me]

Here's another option -

 

Get married in the USA, file the I-130, and then have the interview in Guangzhou. You might want to check on the restrictions of her other two visas, to see if she can get married in USA, though.

 

There's implied meaning for 'marriage in usa' that the 'paperwork will be filed in usa and all stuff be handled in usa'. IMO, and IME, that's not necessarily the case. I've had friends that got married in USA, then handled the petition through GUZ, going back to GUZ for the medical and the interview. It's been a few years, though...

[dnoblett]

Here's another option -

 

Get married in the USA, file the I-130, and then have the interview in Guangzhou. You might want to check on the restrictions of her other two visas, to see if she can get married in USA, though.

 

There's implied meaning for 'marriage in usa' that the 'paperwork will be filed in usa and all stuff be handled in usa'. IMO, and IME, that's not necessarily the case. I've had friends that got married in USA, then handled the petition through GUZ, going back to GUZ for the medical and the interview. It's been a few years, though...

The J or F visa do not have any restriction on when or where a person marries.

[Randy W]

The catch to ALL of this is that she is not eligible for a green card until her 2 year residency requirement (in China) is satisfied or waiver granted. It's not clear that the USCIS would approve an I-130 until it is.

 

A K-1 is not an immigrant visa, and might have better luck. Don't know.

[warpedbored]

Let's get back to basics. Everyone is concentrating on getting her a visa. She doesn't need a visa, she has one, she is already here. It basically comes down to a matter of intent. If she came here on a J visa with the intent to circumvent the immigration process and get married then it is visa fraud. Obviously that is not the case. She came here to go to school. If while in the course of getting her degree she met the man of her dreams, fell madly in love and decided to get married then that is perfectly legal. You can get married, file an I-130 and I-485 to adjust status. The catch is she won't be able to leave the country until her petition is approved.