K-3 Visa or K-1 Visa

[amelynn43 0]

My husband and I are VERY familiar with this site, as we filed a K-1 visa three years ago. My question is for a friend of mine. He met his fiance while working in S. Korea as a teacher. They got engaged, and now he is in the United States and she is still in South Korea. He asked my advice on what he should do, and unfortunately, I am not very familiar with the K-3 visa, so I don't know how to answer him. Their plans are for her to come over here on a 6 month tourist visa, and get married in those six months and process the K-3. I am under the assumption that she would have to go home while her K-3 is processing...is this correct? They are planning the wedding for four months from now, and I am not sure that is enough time. Please let me know what advice I can give him. Thank you for your help!

[Bobby+Umit 161]

Yes, after her visitors visa (i-94) is up, she would need to return home - then wait for the K-3 to go through (I would suggest to do the CR-1 - better).

She can visit multiple times till they get the actual CR-1)K-3) visa,

[amelynn43 0]

Yes, after her visitors visa (i-94) is up, she would need to return home - then wait for the K-3 to go through (I would suggest to do the CR-1 - better).

She can visit multiple times till they get the actual CR-1)K-3) visa,

Thank you for the advice. I am not very familiar with the CR-1. What is it? Will she be able to come here to get married, then have to leave as soon as they file, or as soon as the 6 months are up?

[Bobby+Umit 161]

Yes, after her visitors visa (i-94) is up, she would need to return home - then wait for the K-3 to go through (I would suggest to do the CR-1 - better).

She can visit multiple times till they get the actual CR-1)K-3) visa,

Thank you for the advice. I am not very familiar with the CR-1. What is it? Will she be able to come here to get married, then have to leave as soon as they file, or as soon as the 6 months are up?

Almost the same thing as a K-3 - but gives greencard as soon as it is approved. Marriage has to take place prior to filing - and if she came here on a visitors visa, yes, 6 months - have to leave.

(nothing says she can't go home, wait a day, then come back - however, the POE/CBP might object at that...)

Sadly, almost all the visa's have some sort of wait built in to them - during this process.

has a +/- chart on the different visas - check it out!

[Mononoke28 135]

Since they plan to file for a visa based on marriage then the CR1 is the visa they should go for, not the K3. As Bobby Umit said, CR1 visa holders get their green cards a few weeks after they arrive in the US as well as their SS numbers. K3 filers have to file for AOS, pay an additional $1,010 and wait 3-6 months for their work permit and longer for their green cards. Not worth the hassle or the money in my opinion.

Diana