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Changing from K1 to K3 visa

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  • #16
    Thank you all for your input. Sunny, the k-3 appeared to perhaps take a shorter amount of time than the k-1 but from what you listed it doesn't. Chicago = Missouri. But I didn't know the approval had to be sent to Nevada. The processing times in Missouri are showing approx. 1 month every time I've checked. I had an attorney tell me that sending the marriage record from the day of marriage with the I-129f would be fine, just be sure to have the certificate that they mail when he goes to interview. One thing about k-3 is there's more possibilities of this or that taking longer. Grand Poo-Bah....he's not a Canadian citizen, right now has had no bar put on him but we're leary that it could happen. He's asked a couple of NYC attorneys and they don't feel that it will happen but it's enough to make me lose a LOT of sleep. I also know that the waivers are VERY difficult to get approved. We want to do smoothest thing but have gone back and forth so much that I am dizzy! I also understand that he can get temporary work permit either way? Are there any real advantages to getting green card faster?

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    • #17
      The sooner he gets a green card, the sooner he can become a citizen.

      K-1, K-3, and AOS all allow employment authorization (EAD), but-

      EAD will not be given to K-1. K-1 is eligible for EAD for only 90 days. At the end of 90 days they have to be married to their USC or out of the country. The Service Center takes more than 90 days to review the application, so they are all denied. File for EAD with AOS.

      EAD is available for K-3. Spouses can be in the US for two years as a K-3. Before that expires the Service Center should have approved (or denied) the I-130 and the spouse should have applied for AOS.

      EAD is available while the adjustment of status application is pending.

      Easy as cake!

      The Grand Poo-Bah
      Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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      • #18
        ST: While he's here pending K3 approval, he doesn't have a SSN or Alien Registration No or anything like that. However, he is entitled to an EAD, which would have to be renewed every year. From that perspective, I wonder if he's eligible for a drivers' license, health benefits, credit loans, etc? You know we are all tracked by a ******* number, so my concern was how he could lawfully obtain these things? Any thoughts on this Grand Poo-Bah? But from what I understand, the K3 is also a multiple entry visa, so I think the fiance could travel back home if necessary during the I-130 approval process.

        To me, the K1 required less paperwork overall, and basically gives the fiance the ability to become a citizen faster (if this is an important consideration). Also, considering that the EAD would have to be renewed possibly multiple times, the K1 works out to be cheaper as well I think.

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        • #19
          Sunny et al, this is s pretty good discussion and summary of K-1 vs. K-3. One thought to keep in mind (more for other folks who might be reading this thread than you guys) the initial processing time for the K-1 (the BCIS part) depends on the service center you have to apply to. Some service centers, like Vermont, are practically current on their K-1 apps., so for folks lucky enough to be served by Vermont, the K-1 would probably be as fast or faster than the K-3 both initially and at the end of the process.

          There are links to the service center processing times on the ILW.com website, under the "For Lawyers" section on the left-hand side of the page.

          Also, can't remember who brought it up, but having the person come to the U.S. on tourist or other visa, getting married, and sending them home is not a particularly good idea (unless you specifically tell BCIS that is your plan up front, in which case they are unlikely to approve your visa request in any event). I disagree with Poo-bah to some degree on the liklihood of BCIS having a problem with this if they think the person came in with the intent to marry; even if there is no "affirmative" evidence that the immigrant lied, in reality the BCIS and/or the State Department have a lot of discretion and if they decide you misrepresented yourself, good luck convincing them otherwise, evidence or no evidence to the contrary. Better to "stick to the rules" and either go the K-1 visa route or marry outside the U.S., then go the K-3 route.

          Good luck in any event.

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          • #20
            K visa is pretty easy to be granted as opposed to a green card based on marriage within the U.S. Looks like the outside/inside the U.S. rule is pretty important for the Immigration.

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            • #21
              I have missed something somewhere...why is it faster to get gc, etc. with k1? I thought in both circumstances you were dependent on I-130 approval?

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