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  • #16
    I believe you have been answered already on most of your concerns, however, let me give my opinion since you have requested- K-1 & K-3 visas have almost same processing time, and the petitions for both these visas must be filed in U.S. first. The only difference is K-1 visa is for 'Fiancee' and K-3 visa is for 'Spouse'. Prior to LIFE Act, there was no K-3 visa and all immigrant visa applications were needed to be processed at aborad if spouse was residing at aborad, which could take upto 2yrs. But, after the LIFE Act, you have choice to have your spouse's application to be processed in the U.S. if you don't want to be separated for long periord of two years. The purpose of K-3 visa is- You can be with your spouse while application is being processing, and while application is processing, your spouse is allowed to work until the case is adjudicated.

    So, it should be clear to you by now that there is no difference in the processing time of K-1 visa and K-3 visa, because both have same time periord except these visas are differed in 'relationship status' point of view. There is never a guarantee that the case would be processed within given time frame because BCIS only give 'approximately' of it, which means it could be longer or shorter based on other underlying factors. You should not pay attention to any site, even immigration site in respect to it's processing time because the processing time could change time to time without notice based on how properly the application is filed, how busy are BCIS and Consulate at the jurisdictions where applications would be processed. It could take more longer if there is any requirement being asked by BCIS or Consulate. And, you must not need to forget that BCIS is always not only a bureacratic agency but also they are extremely busy with other more important priorities thesedays, as well they are overloaded with backlogs on applications.

    With that keeping in mind, if I were you, I will choose to proceed on Consulate Processing because thesedays it's taking only a year or a year and half to process immigrant visa at abroad. And, this way my spouse would be able to get green card fast without spending anymore time, money and effort into it. You will be separated from your fiance or spouse, or you spouse won't be able to join you to U.S. for a long time anyway because K-1 and K-3 visas would take anyway 7-9 months or more to process, so why not wait little bit more to put all these behind. You should also know that BCIS/Consulate is finding any excuse just to delay or deny or giving hard time by raising any question to any requirement to these K visas, especifically thesedays.

    So, now you have all the cards in front of you, and you need to bet which is best in your interest. However, if you choose to go for Consulate processing or K-3 visa, then you need to marry your fiancee at abroad and start the paper work respectively, otherwise you need to remain as a fiancee in order to ask for K-1 visa for your fiancee. Best of all.


    • #17
      very nice, Sammy.


      • #18
        Sammy, I do so appreciate your fast and generous response. Thanks so much!

        I just want to double check with you to make sure I am understanding you correctly. When you said, "The purpose of K-3 visa is- You can be with your spouse while application is being processing, and while application is processing, your spouse is allowed to work until the case is adjudicated, " does this mean once I file the K-3 and the BCIS has sent me notification that they have received our papers that my spouse would be able to come over right after that? If so, what kind of visa would she come over on to be here with me while we are waiting? Could we put my address down for her to receive notification of her interview or will we have to wait for her to come over after that and she be interviewed in her country of residence?

        Thank you, Sammy, so much for the response and for your patience. You really are so deserving of a generous reward for your time.

        I need to know


        • #19
          I know from a few friends who married overseas and lived there as a couple for several years before coming here (K-3), that even they had to wait long for adjustments etc. One newly wed active duty USC was transfered here via the Air Force, but his (foreign national) wife and adopted child have to wait till April 2004 for some reason (I'm not sure if there are some issues with divorce/custody with her ex in the native country).

          From another friend, I know where were some problems during the second interview (again K-3), sponsored into the U.S. as a foreign spouse with one biological child by the couple and one adopted). The USC had not listed the adopted child in the application, she was adjudicated but there were some problems and delays. Now, these are all cases I have heard about from first encounters, or third person's accounts.

          I came with a K-1 visa long time ago, and it was rather quick to be here (you get employement authorization right at the airport). I missed to obtain a social security number during the k-1 period of 90 days and had to wait until I was adjudicated to permanent residency I-551 (with condition) almost 5 months later.

          With the K-1 (fiance visa) you've got two interviews, one to adjudicate the fiance visa (a marriage must take place during the time frame that you're optaining that K-1 visa for, and you receive a "conditional permanent residency" there the condition must be properly removed after 2 successfull years of marriage.). Once the condition is removed (it took me a little over 3 years, since we had a military transfer as well), the foreign national receives the 10 yr. card.

          If the marriage is more than 2-3 years in existance before the couple moves to the States, no condition is attached to the permanet residency (to my knowledge, but I may be wrong), but I know that couples who were married less that the above mention time, had to go for "second" interviews etc. or won't receive their actual card until 2+ yrs. marriage...


          • #20
            The sole purpose of K-3


            • #21
              Because the processing of immigrant visa [green card] usually takes upto 2 yrs[maximum] at abroad, Congress considered this time periord of 2yrs as a extreme hardship to both couple invloved. It did not make any sense to them that a married couple needs to stay away from each other for that long just for processing of immigrant visa, that's why they have created this K-3 visa to expedite the entry of the alien spouse of USC so that couple could stay together during the periord when immigrant visa application [I-485] will be processed. You should know that K-3 visa is a nonimmigrant visa, and it's designed to let your spouse to enter the U.S. faster than immigrant visa to be with you until her application for green card[immigrant visa] is adjudicated. So, I hope it's clear to you that once your spouse will come over here, she needs to file green card application where both of you will live in the U.S., and while her green card application is processing over here, she is allowed to work.

              If I'm not wrong, your question was- what is fastest way to bring you fiance over here, and as I already explained you earlier that K-1 and K-3 visa takes almost same time of 7-9 months or more thesedays [forget about how fast it used to be before, because we are talking here post 9/11 era, creation of Dept. of Homeland Security, other more assignments of immigration officers, and time is not same as it used to be in the past]. You need to make a choice whether you want your fiance to come over here within 9 months on nonimmigrant visa or on immigrant visa within one yr or one and half yr thru consulor processing. The time[9 months or more] you will be wasting is just for a nonimmigrant visa and it has nothing to do with immigrant visa [green card], because once she comes here on K-3 visa, she needs to file immigrant visa application[I-485] with local BCIS office, which means it would take additional 2 or more yrs [depending where you reside] to receive green card spcifically when the climate of BCIS doesn't look so good thesedays, since everything is taking so long for them to process over here. And, as I said earlier that if I were you then I would wait couple more months so that she can get direct immigrant visa instead of nonimmigrant visa because I would be waiting 9 or more months anyways for nothing. Choices are on you. Best of all.


              • #22
                Deport illegal aliens


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