Is the K-3 faster then the K-1?

[I+H 11]

I was looking at some of the processing times and it says that NOA2s are being received in like 3 months for the K-3 and they're taking 5 months for the K-1. I was told that the K-1 was quicker, was I told wrong?

[Kathryn41 3,205]

The K-1 is faster - you were told correctly. You can file the K-1 now and get the process rolling. To file a K-3 you need to be married and submit both the marriage certificate and proof of relationship as a married couple. You would file an I-130 petition plus the I-129f petition. In the past, the K-3 used to be faster than filing for a CR-1 which meant that the spouse would be able to travel to the US and rejoin his or her spouse while they completed the immigration process (basically the same steps that a K-1 has to do after getting married in the US). Over the past year, however, CR-1s and K-3s petitions are taking about the same length of time for approval. Since with the CR-1 the immigration process is complete before the beneficiary enters the US and the K-3 still has to complete it after arrival, USCIS is administratively closing K-3 visas and transferring them to CR-1 visas. CR-1 visas generally are taking several months longer than K-1 visas in most cases (although it varies considerably from Consulate to Consulate) and you get to start the K-1 right away, rather than having to wait for marriage and all of the assorted documentation to arrive before you can file the petitions.

I do want to make one point which isn't going to be something anyone wants to hear and I don't mean to distress you but - there is no fast way through the immigration process legally. The I-129f petition approval is just the first stage of the process and K-1s are currently running about 6 months. The I-130 petition approval is just the first stage of the CR-1 (and a K-3 has to file both petitions and get the I-129f approved first), and it is running about the same length of time. The 2nd phase of the process is transferred overseas to the appropriate US Consulate and it can take anywhere from 2 to 3 months to 7 or 8 months (or more) depending on the Consulate to complete phase 2.

Regardless of what process you are looking at, it is probably a good idea to expect a minimum of 9 to 10 months to a year for your partner to get the appropriate visa to enter the US either as your fiance or your wife. Since you can start the K-1 process now, it will be faster.

Edited January 8, 2011 by Kathryn41

[I+H 11]

I thought that was right. I just saw processing times on here and it looked like it was only taking a few months to get the I-129F approved going the K-3 route. I'v already filed the K-1 and have been checking others timelines, this is nerve wracking stuff for sure!!!! Thank you for your response.

[pushbrk 12,085]

I was looking at some of the processing times and it says that NOA2s are being received in like 3 months for the K-3 and they're taking 5 months for the K-1. I was told that the K-1 was quicker, was I told wrong?

The K1 is infinitely faster than the K3, since the K3 is no longer available. K1 is generally a few weeks faster from filing to interview than the available CR1 spouse visa. However, you must consider that if you've already met in person you can start the K1 process now. The spouse visa process cannot begin until you can arrange to be married. If calculating timelines from today until visa, they are not comparable until you factor in the time between now and marriage.

Since you already filed for the fiancee visa, you would be cancelling and starting over again to begin a spouse visa process.

Edited January 8, 2011 by pushbrk

[Kathryn41 3,205]

Good luck to you . This part of the process is probably the most difficult stage of the process for many people. I know it was for me. Even though it was a number of years ago now, I still remember how horrible the waiting was to get the NOA2 - over 6 months for us. I hadn't found VJ yet so didn't have access to any of the support you will find here as you go through all of USCIS and the Consulates' hoops. It would definitely have made a difficult time easier to cope with knowing more about the circumstances around the immigration process and sharing concerns and frustrations with others caught up in the same USCIS net.

I hope you are one of the lucky ones and get a quick approval.

[YuAndDan 153]

You may want to visit the K-3 forum and read a few posts. Starting last February NVC has made it a policy to administratively close K-3 petitions when they receive both the I-130 and I-129F at same time they then proceed with I-130 for a CR-1 spousal visa. USCIS has been tying the two together and approving at same time and sending to NVC at same time for well over a year now.

K-3's original purpose essentially no longer exists this is why NVC as been doing this. K-3's origional purpose was to allow spouse to enter the USA and WAIT out a lengthy I-130 approval, this was a problem in the 90's, however is not a problem now, I-130 is being approved in a timely manor, the purpose (Waiting for I-130 approval does not exist.

[soontobe 0]

I was looking at some of the processing times and it says that NOA2s are being received in like 3 months for the K-3 and they're taking 5 months for the K-1. I was told that the K-1 was quicker, was I told wrong?

Hi There!

we almost have the same timeline and same consulate! goodluck to us!

[ArabLoveMorocco 1]

Wait....so if one files a marriage based visa petition, the couple can live together while waiting for the visa?!!!

Reallly? If that is the case, then the visa can take 10,000 years for all I care...as long as the couple are together? Is this still possible?

Edited January 8, 2011 by ArabLoveMorocco

[Penguin_ie 5,984]

Wait....so if one files a marriage based visa petition, the couple can live together while waiting for the visa?!!!

Reallly? If that is the case, then the visa can take 10,000 years for all I care...as long as the couple are together? Is this still possible?

As mentioned above the K3 visa, which made it possible to live together through the latter stages of the process, is dead now.

[payxibka 10,044]

moving thread to general immigration discussion

[pushbrk 12,085]

As mentioned above the K3 visa, which made it possible to live together through the latter stages of the process, is dead now.

When created, that was the purpose of the K3 visa. At that time, 2001, immigrant spouse visas for the spouse of a US Citizen were taking about five years, so something that took only 9-15 months was very attractive. My wife came on a K3 visa back in 2006 when the K3 saved only about 6-10 months. This was because the immigrant spouse visa process was much faster by then. Since 2006, the timeline difference between an efficiently managed immigrant spouse visa process and the K3 reduced to only a few weeks.

In February, 2010, the National Visa Center, effectively made the K3 visa no longer obtainable. You'll see lots of information about the K3 on USCIS websites and other reading material but USCIS doesn't issue visas and never has. The Dept. of State issues visas and on their Website is where you'll find the notification of their policy that effectively kills the K3 visa path.

[I+H 11]

Thank you so much