Whats my best option??? K3? CR-1? other?

[kmike 0]

Hi, I'm new to all of this, and new to this forum.

Me and my wife were just married a few days ago. We dated for a couple years. She is from mexico, and I'm a US citizen and live in Arizona. She currently lives and works in Mexico. She has a tourist visa which allows her to enter the US, so we were married here in the US.

What is our best option? We want her to come live with me in the US legally. K3? CR-1? and why?

Is the process any easier since she has a tourist visa? or that we were wed in the US?

ANy help on this is very appreciated. thanks

[payxibka 10,044]

Hi, I'm new to all of this, and new to this forum.

Me and my wife were just married a few days ago. We dated for a couple years. She is from mexico, and I'm a US citizen and live in Arizona. She currently lives and works in Mexico. She has a tourist visa which allows her to enter the US, so we were married here in the US.

What is our best option? We want her to come live with me in the US legally. K3? CR-1? and why?

Is the process any easier since she has a tourist visa? or that we were wed in the US?

ANy help on this is very appreciated. thanks

What is important to you... Cost, speed, ability for her to work, else?.. Once you make the list then it might be obvious which one best suits your need.

Her current possesion of a tourist visa or where you wed has absolutely no bearing on anything (easier or difficult), (slow or quick), (approved or denied)

Edited July 1, 2008 by fwaguy

[kmike 0]

What is important to you... Cost, speed, ability for her to work, else?.. Once you make the list then it might be obvious which one best suits your need.

Her current possesion of a tourist visa or where you wed has absolutely no bearing on anything (easier or difficult), (slow or quick), (approved or denied)

Well, I guess to me speed is the most important. She does want to work eventually but I'm more worried about her moving here soon. Cost, again... I wouldn't mind spending money on a lawyer (or whatever) if thats going to insure we do things correctly and if it speeds things along.

[payxibka 10,044]

What is important to you... Cost, speed, ability for her to work, else?.. Once you make the list then it might be obvious which one best suits your need.

Her current possesion of a tourist visa or where you wed has absolutely no bearing on anything (easier or difficult), (slow or quick), (approved or denied)

Well, I guess to me speed is the most important. She does want to work eventually but I'm more worried about her moving here soon. Cost, again... I wouldn't mind spending money on a lawyer (or whatever) if thats going to insure we do things correctly and if it speeds things along.

Speed is a relative term... but you must first realize that nothing is speedy... An CR(IR) visa and a K-3 might only differ by some months or they may not differ at all. Someone more familiar to Mexico might be better suited to answer on how CID consulate schedules interviews.

A K-3 is more expensive (adjustment of status alone is $1,010).

A lawyer CANNOT speed things up despite what they tell you

[kmike 0]

Thanks.

Ya, I realize it's a slow process usually. Sounds like the K3 may be our best option. If anyone else knows any more info regarding mexico, I'd appreciate it.

[Thai family 0]

My kids at first thought speed was was most important, but now they're thinking they would have preferred not to go through the hassle and the expense of adjustment of status. It also would have been nice if she could have worked upon entry, rather than having to wait for 3 or so months. An advantage of the K-3, for them, is the affidavit of support. When they file for AOS he will at least have a tax return showing good income for 2008. He didn't file in 2007, as he was student. Hopefully he won't need a cosponsor this way. On a K-3 the foreign national can freely come and go for two years. No one cares if they spend 13 months in another country without returning. The K-3 delays permanent residence and therefore citizenship. One factor in their choice was that they weren't sure where they were going to be living, and she could not get a tourist visa because she had recently married a USC.

My suggestion to you: Be vague on the I-130 about filing for a K-3 visa (or say you don't know whether you will be filing the I-129 or not-you can always do this in an attachment). We were very clear about the K-3 visa intent, so the CSC did not forward the I-130 to the National Visa Center when they sent the I-129F. Now she only has the choice to go with the K-3. It's nice to have a choice on down the line, as circumstances can change. Hindsight is always 20/20. There are pros and cons, depending on your situation.