which is quicker/better/more cost effective? k1 or k3

[jessicarabbit1981 0]

hi there

i've been here in the states on a B2 visa since july. my fiance and i got engaged on new yrs eve and my B2 visa ends on the 28th of january and i have to go back home to south africa.

my questions are as follows:

what is the best option for us now costwise and timewise? we dont want to be apart for too long.

1. do we apply for the K1 visa when i get home? how much does it cost and how long does it take to process? as i understand it we have to apply for an adjustment of status once we're married. that sounds like a lot of money.

2. do we get married here before i leave (4 weeks left) and i go home and we apply for a spouse visa when i get home? how long does that process?

3. do we get married here and apply for the adjustment of status before i leave

my worries are: is there enough time to get married now? how long will we apart for? when can i start working once i'm back in the country? which visa will allow me to work in the US?

points to note: we are both 29 yrs old and not been married previously. my fiance is a home owner. we have been living together for 5 months now in massachusetts. we met in south africa in march when he was working there and were together for a month and a half before he came home. i then applied for the visitor's visa to come and see him for a while and have been here since july.

thank you for reading, i hope you can help.

[canadian_wife 1,823]

The K-3 is a dead visa, you'd petition for a Cr-1 spousal visa

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

See the comparason guide

Good luck

PS - you haven't been living in the US. You are not authroized to live in the US. You've been visiting. This is important when completing the forms

[YuAndDan 153]

1) You can file I-129F now before going home. Is the most expensive option Around $1800 in fees when adding in adjustement of status later to get a green-card.

2) Spouse CR-1 visa does not take much longer to get and is the least expensive option, around $800 in fees. Again the I-130 can be filed before you leave the country. (Note this gets a Green-card upon entry to the USA, K-3 does NOT)

3) If you marry and adjust it will cost nearly as much as K-1, and you CANNOT leave the USA until you have an AP document in hand, or you will forfeit the AOS process.

I would opt for #2 Marry and apply for a CR-1 spouse visa, head home and get things in order, and then interview at the US consulate for the CR-1 visa

Note: K-3 is no longer an option, NVC will close the I-129F used for K-3 when they receive both I-130 and I-129F at same time, USCIS has been tying the two petitions together and approving them at same time for well over a year now.

[pushbrk 12,975]

1) You can file I-129F now before going home. Is the most expensive option Around $1800 in fees when adding in adjustement of status later to get a green-card.

2) Spouse CR-1 visa does not take much longer to get and is the least expensive option, around $800 in fees. Again the I-130 can be filed before you leave the country. (Note this gets a Green-card upon entry to the USA, K-3 does NOT)

3) If you marry and adjust it will cost nearly as much as K-1, and you CANNOT leave the USA until you have an AP document in hand, or you will forfeit the AOS process.

I would opt for #2 Marry and apply for a CR-1 spouse visa, head home and get things in order, and then interview at the US consulate for the CR-1 visa

Note: K-3 is no longer an option, NVC will close the I-129F used for K-3 when they receive both I-130 and I-129F at same time, USCIS has been tying the two petitions together and approving them at same time for well over a year now.

If the only reason for going home is the visa expiring, I'd go with marriage and status adjustment. The visa overstay will be forgiven. If you NEED to go home and CAN'T stay for a few more month, then marriage first and the CR1 visa is the least expensive and least hassle of the remaining options.