K-3 vs. K-1

[sammyp 0]

We originally planned to do the fiancé visa but now have leaned toward the K-3. I don't feel like chunking out $535 and also would like to start marriage now instead of waiting. Most of my research has been towards the K-1 visa so I now am lacking in information regarding the K-3. I was told by a lady I know in immigration that if we apply now the process shouldn't take much longer for the K-3. 

So my questions...

 

1) How long generally does this process take?

 

2) Is there any hidden filing fee?

 

3) Is evidence of the relationship required for the K-3?

 

4) What documents are needed for this application process?

 

My fiancé plans to put her school on hold so she can make enough money to support me. These questions answered are very important to us. 

 

Also, she hasn't had a job recently because of schooling the past few years. Will not having much employment history be a hindrance? Is there a way to explain? Can a copy of her college transcript be included with the application?

 

 I'm not with as much information regarding the K-3 visa. Any information will be helpful. Thanks.  

[sammyp 0]

1 minute ago, Dee elle said:

K3 is essentially obsolete now. K1 us your best option 

So if we get married there is no other option?

[Hypnos 6,576]

Correct.

[Unlockable 7,306]

6 minutes ago, sammyp said:

So if we get married there is no other option?

Yes.

 

Once you marry you are no longer eligible for a K1.

 

Also, the K3 is obsolete and is hardly ever used.

[sammyp 0]

3 minutes ago, Dee elle said:

Correct.

K1 enter US as fiance, marry in the USA within 90 days and apply for Adjustment of status. 

Marry now, apply for spouse visa CR1 

 

Where do I find information on the CR1 visa? If the K-3 is still available why can't this be used? I see the box on my I 129 F where you can check if you want K1 or K3. 

[sammyp 0]

15 minutes ago, Dee elle said:

K3 is essentially obsolete now. K1 is your best option 6 to 8 months processing. If you marry while outside the  US you must use IR/CR  and processing takes 12 months ish...

Okay, thanks. Is there a filing fee for this?

[sammyp 0]

11 minutes ago, NuestraUnion said:

Yes.

 

Once you marry you are no longer eligible for a K1.

 

Also, the K3 is obsolete and is hardly ever used.

Okay. What is the difference between the K3 and the IR1/CR1?

[geowrian 22,335]

15 minutes ago, sammyp said:

Where do I find information on the CR1 visa? If the K-3 is still available why can't this be used? I see the box on my I 129 F where you can check if you want K1 or K3. 

http://www.visajourney.com/content/i130guide1

NOTE: I-130 uses the I-130A instead of the G-325As now.

 

K-3 is technically still on the books so it has to be available. However, it's almost always closed before it gets through NVC. It's a relic from back when CR-1/IR-1 was taking multiple years to process. What happens is the I-129F would either be closed because the I-130 is approved first, OR the I-129F gets approved by USCIS but then administratively closed once it reaches NVC.

 

1 minute ago, Dee elle said:

K3 is technically still available but the processing time for the K1 is quicker and once the I129f is approved the I130 is cancelled 

That's backwards. If the I-130 is approved first, the I-129F gets cancelled. If the I-129F is approved first, it almost always gets closed by NVC anyway. Then the I-130 remains open and they can do the CR-1/IR-1 visa abroad.

Edited June 25, 2017 by geowrian

[sammyp 0]

3 minutes ago, geowrian said:

http://www.visajourney.com/content/i130guide1

NOTE: I-130 uses the I-130A instead of the G-325As now.

 

K-3 is technically still on the books so it has to be available. However, it's almost always closed before it gets through NVC. It's a relic from back when CR-1/IR-1 was taking multiple years to process. What happens is the I-129F would either be closed because the I-130 is approved first, OR the I-129F gets approved by USCIS but then administratively closed once it reaches NVC.

 

That's backwards. If the I-130 is approved first, the I-129F gets cancelled. If the I-129F is approved first, it almost always gets closed by NVC anyway. Then the I-130 remains open and they can do the CR-1/IR-1 visa abroad.

I'm confused 

[geowrian 22,335]

Just now, Dee elle said:

Yes you are right as usual!!! 😁 Do I get half a point for right general principle? 

Of course!

[sammyp 0]

So my fiancé will be starting a new job to support me with the affidavit. We don't have the application fee at the moment. I noticed the K1 has no application fee. Is the K1 a terrible option? Will it be rejected? Will it take longer than the other you told me of?

[sammyp 0]

3 minutes ago, Dee elle said:

My fault sorry. End result  is K3 isn't used now. So married... use CR 1. Engaged use K1 

K3 has no application fee. The one you told me of does. If we file K3 will it be rejected?

[geowrian 22,335]

13 minutes ago, sammyp said:

I'm confused 

1. K-3 is obsolete. It's a waste of time and effort to go this route.
2. K-1 is available if you are willing to wait to marry in the US. ETA: 6-8 months.
   1. AOS is required after marrying in the US, which is not cheap, and the applicant cannot travel abroad or work until AP/EAD is obtained (ETA: 3-4 months).
3. CR-1 is available after you marry. ETA: ~1 year. This grants a green card on entry so you can work or travel immediately. No AOS is required.

 

10 minutes ago, sammyp said:

So my fiancé will be starting a new job to support me with the affidavit. We don't have the application fee at the moment. I noticed the K1 has no application fee. Is the K1 a terrible option? Will it be rejected? Will it take longer than the other you told me of?

I-129F (for a K-1) and I-130 (for a CR-1) are both $535. There are also medical exam fees involved, potentially fees to get some required documentation, etc.

 

The K-1 application fee is $265. AOS (after arriving in the US) is $1225.

The CR-1 application fee is $325 + $120 (I-864 fee) + $220 immigrant fee (to get the actual green card after approval).

 

CR-1 is considerably cheaper and optimal, but takes a few months longer to get.

 

8 minutes ago, sammyp said:

K3 has no application fee. The one you told me of does. If we file K3 will it be rejected?

K-3 has the same costs as K-1 IIRC (same petition costs obviously, same MRV (visa) fee, etc.).

Edited June 25, 2017 by geowrian

[NikLR 13,220]

K3 always starts with an I-130 which has a filing fee of $535.

 

How to try to get onto the K3 route:

• Get married
• File I-130 (filing fee)
• Wait for I-130 NOA1
• When that's received file I-129F (which will NOT have a filing fee)
• I-129F is combined with the I-130 (which is taken out of line and put at the back)
• When I-130 is approved it is sent to the NVC.  If the I-130 makes it to the NVC before or at the same time as the I-129F the I-129F is administratively closed and you continue on the IR1/CR1 route.  If the I-129F happens to make it first and gets a case number, it's forwarded onto the embassy or consulate.
• The K3 may save you a couple months IF it makes it through.  You fill out the DS-160 and visa fee of $265.  HOWEVER, the K3 requires an adjustment of status, so you STILL have to pay $1225 to become a green card holder.
• Overall the K3 is an inferior visa in terms of availability, cost, and speed to green card.

 

Overall:

1. If you want a fast visa and don't want to live apart after marriage - do the K1 route, get married in the USA
2. If you want a faster green card and cheaper route -  get married go the CR1 route. 
3. If you want neither and think you're part of the 0.1% that may get the K3, then go that route. 

Edited June 25, 2017 by NikLR

[geowrian 22,335]

1 minute ago, NikLR said:

• You fill out the DS-160 and visa fee of $260.

$265*