K-1 vs K-3 , which is better?

[Chamy and Gatita 3]

Saludos Amigos~

I'm posting in both K-1 and K-3 forums....looking for all points of view.

We are trying to decide which is better for us, K-1 or K-3. Any input would be great; I've spent hours reading this website and a thousand others, but I'm still not clear. You wonder how current a lot of info is.

Here is our story:

- me, US

--him, Ecuadorian, has passport, no visa, ie cant get a tourist visa to visit

-met Dec 2007. i was in Ecuador on a kayaking trip, he is a raft guide. Spent one week together.

-Feb 2008, i returned to Ecuador, spent almost the whole month with him.

-Feb 2008, im back in the US now, within a few days of being apart we realize we dont need to look any further. let get hitched!

Im hearing that the fiance visa is taking slightly less time (a few weeks) less the spouse visa. Is this accurate?

One lawyer I emailed says he is getting visas in 6 months, the processing times on USCIS look like 7 months, and the lawyer I paid $200 for a consult says current times are a year for spouses and a 1.5 yrs for fiances. Who is correct?

Also, a lawyer told me the fiance visa can be denied if they think its a sham, but they cant pull that with the spouse visa. Since we obviously had a very brief courtship (although we can document emails, phone calls, an expensive and long return trip, photos, as well as all my Learn Spanish type books and cds purchased after we met) I'm a little worried about going with the fiance visa. Can anyone advise- will our short courtship throw a flag? If so we are prepared to marry in Ecuador asap and start the K-3 instead.

On the other hand, we want to be be together soon! I'm 38, he's 37, and we want to start having kids asap. (Remember that line from that movie with Marisa Tomei... my CLOCK is TICKING?? :-)

Pros (?) WE ARE: same age, same interests, didn't meet thru internet or marriage service (no offense to anyone i dont know if this is a pro or not), I make enough money and I happen to carry a badge (maybe that will make me look more law abiding and less likely to attempt a sham marriage?), no drugs, no police records, no prior marriages or kids..... what else is important? He has some pretty sweet references- the mayor of his town, lawyers, and his state and national political representatives.

Hope this is neither too much no not enough detail to get a few good responses. Im posting this on the K1 and K3 forums. Thanks everyone, have an awesome day!

Kathie

[Happy Again 0]

In my humble opinion I definite recommend the K-1. Just search back a couple of months and you will find constant jubilation on the K-1 side of the house as they celebrated with 2-4 months NOA2 approval rates and getting their fiances to the states within 6 months on average.

During the same time the K-3 had grinded to a halt with the average approval time extending to 8-9 months for NOA2. The rates of the K-3 seem to be picking up but this could just be a lucky surge in performance. Only time will tell.

This is my second marriage to a person from abroad. Back in 1993 I got married. At that time we went through the process without the benefit of a robust internet or a glorius Visa Journey. We just used snail mail and made a few phone calls and visits to the embassy and the regional office in the US . Everyone who we encountered was extremely friendly and seemed to want to help, a starke contrast to some of the reports that I have read on VJ in recent times. The type of visa was a CR-1 and it took nearly a year. The wait had very little effect on us since I traveled a lot and practically lived and worked in her her country.

A friend of mine came to visit me when I was overseas and was extremley luck to meet his wife (in just two weeks ). My jaw nearly dropped to the floor as I watched cart his fiance off to the states in less than a few months even though their relationship was in an embryonic state compared to ours.

So it to me it appears that historically fiance visas are just simply faster.

I explained as much of this as I could get away with to my current wife to encourage her to go for a K-1 but she would not have it marriage was a must. In retrospect if I had been thinking clearer I would have just married and apply for the K-1 under your fiances maiden name (passports, etc if your fiance is a woman) then just re-marry when you get to the states within 90 days.

Don't worry about the burden of proof for your relationship. The USCIS can should have a mission to trap fraud however in the many international marriages I have seen I have never known them to willfully bust up true relationships. Your fondness for each other should be evident in the interview and prevail over the perceivable short time you have been together.

Again this is just my two cents (opinion) .

Best of luck on your journey.

[Corey-Mariya 14]

Well said Happy again! I agree with you! K1 is definitley going to be faster! Where do you live in the us kathie? What service center will you be sending your petition 2?

[Chamy and Gatita 3]

Well said Happy again! I agree with you! K1 is definitley going to be faster! Where do you live in the us kathie? What service center will you be sending your petition 2?

I live in California.

Thanks to everyone so far who's replied. This is very helpful!

Any ideas on why the first lawyer would say the fiance visa is taking 1.5 years and the marriage visa 1 yr-- completely the opposite of people's experiences here? The lawyer- met in office, paid $200, she had staff members check info for her...?

[KarenCee 3]

Well said Happy again! I agree with you! K1 is definitley going to be faster! Where do you live in the us kathie? What service center will you be sending your petition 2?

I live in California.

Thanks to everyone so far who's replied. This is very helpful!

Any ideas on why the first lawyer would say the fiance visa is taking 1.5 years and the marriage visa 1 yr-- completely the opposite of people's experiences here? The lawyer- met in office, paid $200, she had staff members check info for her...?

Kathie, the decision is ultimately yours and your fiancé. It depends on your situation. For some, the K1 was perfect. For others, the K3 (or the CR-1/IR-1) was what they needed. I'm not sure why the lawyer would tell you that the K1 is taking 18 months. It depends on what type case you have...most uncomplicated cases take far less. If you have complications, of course it could take longer. It can also depend on the consulate the interview is scheduled for. As for me and my husband, we chose the K1 and we were through the process, with him here in the US with me, in 7 months. However, I am NOT saying these are absolutes as everyone's case is different. You cannot plan your experience based on what you read here, they are merely guidelines. I would suggest that you peruse the Regional Forums and find the section for your fiancé's area. You will find more specifics that are related to the consulate in Ecuador.

Whether you choose to retain the services of a lawyer, again, is a personal decision. Many of us on here did this process ourselves and were successful in doing so. The paperwork isn't hard at all and the instructions are included, as well as sample forms located in the Guides section on this website. Once you've had a look around, if you have questions, we are always glad to help.

Best of luck with whatever you and your fiancé decide to do. VJ is a great wealth of information and support...regardless of what you choose.

[motu 5]

Do the K1 or K3 depending on where you want to get married. If you are both ok with getting married in US then probably the K1 is faster. otherwise you need to go for K3 which seems to be taking longer in most service centers and always include the time it will take to get married before you can apply for K3 in your estimates. That said many people want to get married in their own country and then you may have no choice but do that, discuss it with your fiancee and decide on what's best for you - keep in mind that the foreign family and friends may not be able to come to your wedding in USA because of visa issues and money issues or both. Good Luck