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  • K1 or K3 or tourist visa?

    I heard all kind of things about these two visas, K1 and K3 - that the process takes forever and many times they are disapproved. Is this true? Which one is less likely to be disapprove and take the shorter time? Or is it easier for my fiancee just come to the US with a tourist visa and we get married here?

  • #2
    I heard all kind of things about these two visas, K1 and K3 - that the process takes forever and many times they are disapproved. Is this true? Which one is less likely to be disapprove and take the shorter time? Or is it easier for my fiancee just come to the US with a tourist visa and we get married here?

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    • #3
      The K-1 and K-3 don't take forever. They are done at lightening spped (in BCIS terms, anyway). In order to get a tourist visa the aplicant will have to show that she intends to return to her own country. If she marries and files for adjustment of status soon after arriving, they may (will) assume fraud when she stated a non-immigrant intent. She may then never be able to get permanent residency.

      But I know you really want to know which is better- K-1 or K-3? They are both fairly quick. The pros and cons are discussed well in recent posts. What are your priorities? DO you have a preference as to where you marry? Do you care which has the least paperwork? Are you most concerned with how quickly she can arrive, or how quickly she gets a GC (allowing her to travel and begin accruing time toward citizenship)?

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      • #4
        Katycab: Certainly in terms of BCIS time, K1 and K3 are processed the quickest...but I am not sure I would agree that it is lightning speed. If you read some of my other posts you will get a flavor for my true feelings of the faceless bureaucrats who purposely hide themselves from public contact and take anywhere from 2 months at best to almost a year at worst to process an application to reunite families.

        If you live in one of the Northeastern States that is handled by the Vermont Service Center....then a K1 will be quicker. If you live anywhere else in country...the K3 route is probably going to be quicker.

        Either way...be ready to have your patience pushed to the limit and beyond, to wait for what seems like a lifetime, and be thankful for anything that happens which does not require you to "pull teeth"

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        • #5
          thanks for your reply. What are my priorities? I don't have preference as to where to get married. We are just looking the easiest and quickest way. The least paperwork the better ofcourse. Don't care about citizenship for now, just as long he can be here. I am US citizen and he's French. Does the country he's from effect the processing speed? Can I file this in foreign country? (I am going there in December and thinking about getting married while I am there).

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          • #6
            Also, check on Direct Consular Filing at the embassy in France. This is the quickest way. You would have to be there to appy with a 130 direct to the consulate there. Sometimes as quickly as 3 months they are approved.

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            • #7
              Julie's idea is a very good one. If you get overseas it may be quicker to fle an I-130 using Direct Consular Filing. The great thing about doing that if the consulate/embassy allows is that is that it is less time to process the application, PLUS you get an immigrant visa so no need to deal with BCIS in the states until it is time to file to remove the conditions on your permanent residency. I think the only disadvantage is that the fees up-front are more ($335 for an immigrant visa and $100 for a non-immigrant K visa)...but in the end it all works out about the same.

              I read on one of the boards that in Japan...you just walk in with your completed paperwor and they approve the paperwork that day. Right there you save yourself 1-2 years in the process over sending an I-130 to one of the BCIS service centers.

              [This message was edited by Dad of 3 on October 16, 2003 at 08:24 AM.]

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              • #8
                I have a question. Katycab said "If she marries and files for adjustment of status soon after arriving, they may (will) assume fraud when she stated a non-immigrant intent."

                My fiancee and I are leaning very heavy toward her getting a B-2 visa and then getting married when she comes over. The waiting times for the K-1 visa are completely ridiculous from everything I have read (around 9 months+). What we were planning on doing is getting her a 6 month B-2 visa and then waiting a few months to get married then around the 4th or 5th month applying for the AOS. I was hoping that by not applying for the AOS really quick they wouldn't give us a whole lot of problems about it. Are you telling me that I really don't have a reasonable chance of pulling this off? I really hate to think I will have to wait 9 months before I can get her into the country again.

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                • #9
                  Motley,

                  I am not going to opine about your "chances of pulling this off," but I am going to say that if you intentionally use the B2 visa when your plan all along is for her to come and get married, you are committing visa fraud. If they do figure it out, the consequences could be disasterous, and you will have no one to blame but your self.

                  If you are not already married, I would go the K1 route. I don't think the processing time difference between the K1 and K3 are that significant given that you would have to plan a wedding and take a trip before you could start the K3 process, whereas you can begin the K1 application process now. DCF is a great option for you if it is available, but you need to research it directly with the applicable consulate to find out if it is. Make sure you understand ALL of their rules before you go that route, or you could end up wasting your time trying to use DCF when it isn't available, and end up with the K3 as your only option.

                  Good luck.

                  Alex Halow
                  www.k1fianceevisas.com

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                  • #10
                    AHalow,
                    I may have mistunderstood what you said..Did you say that in order to file for K3, you must prove to the consular that you took a "trip" as a honeymoon or you are referring 'a trip to where my fiancee is? And can K1/K3 be filed through DCF in the foreign country when I am in the states? (my fiancee will bring the form to them) or I must present to file this? thanks

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                    • #11
                      on K1 fiance visa, you have to prove that you've had a face 2 face meeting as a prerequisite for the visa. If you are filing K3, then of course marriage abroad or in usa is the prerequisite. *L*.. DCF filing can be done while you are abroad direct to the foreign embassy by filing a 130 form while you are there.

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                      • #12
                        Me, for k-3 you have to go to fiancee's country, get married, then file. For k-1 the assumption is you've met, which you have to do before filing unless religous convictions or country customs forbid it. You can file from US without going to his/her country's again. Refer to Julie and Dad of 3's October 16 posts.

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                        • #13
                          Me,

                          By trip I just meant the trip you would have to take to go get married (I am assuming you have already met in person when comparing the K3 to K1. If you have not already met in person (w/i the last two years), you would actually have to visit them (and thus "make a trip") to use the K1 as well, so I guess my point would not always hold true in every situation. Sorry for not being more precise.

                          You can't file either the K1 or K3 with the consulate. DCF involved a different type of visa (an immigration visa) altogether.

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                          • #14
                            thanks all for the answers. It's been very helpful. Would it be faster if I file K3 through DCF or file K1 from the US? yes, we've met and been dating for more than 5 years. I live in Northern California area ...wonder if this would make it less/more difficult to file for K1. thanks again.

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                            • #15
                              You can click on link on the left for "processing times" and it gives some time info on the service centers for processing the various forms. However you can't rely on every situation always taking the same amount of time. With k-1 you send in the I-129f and wait for it to be processed. When fiancee is issued visa then he/she can come to US and you have to get married within 90 days, then file the rest of the forms. With k-3 you go to fiancee's country, get married, file I-130, when you get notice of receipt you file that with I129f and required info to the Missouri service center. When I-129f is processed and visa is issued then spouse can enter US. Sometimes one is faster, sometimes the other. If you go to his/her country and get married then you can go to consulate and do direct consular filing (dcf) if they offer that. At that time spouse is issued an immigrant visa (others are non-immigrant) and it is a CR1 (I think) visa. When spouse gets here they are already a lpr and can work immediately from what I understand. It sounds like simplest way to me. You pay more fees up front but saves you from filing various papers and paying those fees from US, plus spouse is already a perm res. and is allowed to work immediately. One of the experts needs to correct me if I'm wrong on any of this...

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