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Changing from K1 to K3 visa

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  • Still Learning
    replied
    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?

    Leave a comment:


  • duddy
    replied
    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.

    Leave a comment:


  • AHalow
    replied
    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.

    Leave a comment:


  • sunny
    replied
    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.

    Leave a comment:


  • Lord Chief Justice, Master of the Buckho
    replied
    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

    Leave a comment:


  • Still Learning
    replied
    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?

    Leave a comment:


  • Lord Chief Justice, Master of the Buckho
    replied
    Reading between the lines

    The K visas are for those that can not get into the US by any other means. You know, Philippines, Africans, Russians... It is also for those that can (waiver countries), but have gotten tagged by BCBP as immigrants before they get here.

    Canadians can come and go easier than mosquitoes through a broken screen door. Unless your fiancé isn't Canadian, but a landed immigrant, they need visas.

    The only time I would recommend marrying before your sweet-heart tries to come to the US is if you know he is inadmissible and a waiver is available for immediate relatives.

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

    Leave a comment:


  • sunny
    replied
    Still Learning,

    Here's what I found out about the K3 by calling BCIS yesterday. Apparently, this "shortcut method" could be a bit quicker than the K1, BUT it creates more paperwork. Here's the timeline as I was basically told:
    1) Get married
    2) Wait for marriage certificate from County Clerks Office
    3) Send in I-130 (w/certificate) to
    Service Center - this can take 30-60
    days to receive Notice of Receipt
    4) Send in I-129f docs to special Chicago
    (or it could be Missouri Serv Center?)-
    this can 3 months or so for approval
    5) Approved I-129f sent to NVC then to
    foreign Embassy - don't know how long
    this would take (1 mo? 3mo?)
    6) Fiance arrives in US, and then you have
    to wait for the I-130 approval which I
    was told could take around 26 months or
    so
    7) After approval of I-130, can apply for
    A.O.S. - another 6-8 months probably.
    8) After A.O.S. he'll get his conditional
    GC in the mail several months later.

    With the K1, though the initial wait is a few months longer, the foreign fiance(e) can enter the country, you get married, and you can immediately file A.O.S. and get the conditional GC in a much quicker time period than the K3.

    This is how I understood it from the BCIS helpline - hopefully I'm not mis-interpreting it. If I am, someone correct me!

    Hope this helps!

    Leave a comment:


  • Still Learning
    replied
    Mr Grand Poo-Bah,
    What's your opinion on this then... Fiance' is in Canada, we've about decided on k-3 instead of k-1 but whatever we do we need to do soon. Things seem to be heating up there. If there is any possibility of a problem would you recommend k3 instead of k1?

    Leave a comment:


  • Lord Chief Justice, Master of the Buckho
    replied
    menarchus- no

    TOTTI- misrepresentation could equal not being admitted to the US or denial of future benefits. It does not earn you a jail sentence. Also DHS has to have evidence that you committed misrepresentation (or worse, made false testimony). Example- you claim entry as a tourist, but have a job application or your wedding invitations in you possession. That is very different from entering as a tourist to visit with the intention of staying in the US temporarily and returning to your country of origin, and then deciding, "Hey I'm already here in the US, let's go to the justice of the peace, get married, and file for AOS." If you are not used to bending the laws, it is best to follow all of them. Sorry- you have a few more months to wait with Nebraska.

    Still Learning- Canadians can bend the rules more easily than anyone else...unless they are unlucky.

    sunny- sounds like you are on track.

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

    Leave a comment:


  • sunny
    replied
    He'd be coming in from the UK on the Visa Waiver Program. I know it's possible they may not let him in, but I don't think it will much of a problem - unless he confesses that he's here to visit his fiancee and that a visa has arleady been filed. Hopefully they won't ask this.

    And I called BCIS last night to get more info on the K3 visa, and we're sticking with the K1 - it gets him his GC and SSN much quicker, & less hassle and paperwork to fill out. Still learning I might be, but how else will I learn except by asking questions, eh?

    Leave a comment:


  • Still Learning
    replied
    I wish I knew as much as the Lord Chief whateverie.... but MY fiance' is in Canada :-)

    Leave a comment:


  • TOTTI
    replied
    Hello everyone....I have been told by several lawyers that if you try and enter the States with a Tourist VISA with an I 129 F still pending you could missrepresent yourself and either face jail and/or deportation. The other solution is that the fiancee could come to your place of resident outside the us and there get married.... I have sent my paper work to the Nebraska office on March 10th, received the receipt on March 12th but SILENCE since....very very frustrating!!!!!

    Leave a comment:


  • menarchus
    replied
    sunny = still learning = Lord Chief Justice, Master of the Buckho

    sorry...

    Leave a comment:


  • Lord Chief Justice, Master of the Buckho
    replied
    "My question is this. If, when my fiance comes to visit in Sept, we get married, can I then file this K3 visa petition to the Chicago office?"

    The K-3 visa is only for a spouse outside of the US. You would not file for a K-3 if your fiancé comes here. You can marry and file for adjustment of status if your spouse stays in the US. Look at AOS on the other posts. If your fiancé comes to the US, marries you, and then goes home, you could file an I-130 then I-129F for a K-3 to bring your spouse back again.

    "If yes, then what is the procedure to follow once he and I get married?"

    Get married. Send your spouse home. File an I-130. Get the receipt. File an I-129F. Wait. Spouse gets interview. Spouse comes back to US. Wait for the approved I-130 then file for AOS or withdraw I-130 still sitting at the Service Center and file a new I-130 (with fee) along with AOS. Wait. Spouse gets green card.

    Please be aware that your fiancé may have trouble visiting you here in the US in September. BCBP will deny entry to any immigrant without the proper visa. This applies to fiancés who have not received their K-1 visa yet.

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

    Leave a comment:

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