K1 or K3

[Trian 0]

Hi Everyone,

We are in dire need for some direction. I used to study and work in the USA (10 years). I however decided to move back home (Middle East) this year to look for a job due to issues with getting the green card through company sponsorship. While at home, my boyfriend of 1.5 years came over, met my parents and proposed to me. Excited but a bit stressed bout the situation and what our next steps should be.

We wanted to get opinions on what would be a better option for the visa. We want to get married in Goa sometime Feb 2012, however marriage in Goa (Catholic) would require me to have a civil/ court marriage first I believe. I assume, if I get the civil/ catholic wedding done in Goa, that would mean for me to come back to the states would require me to come on a K3, right? Or could I still come in on a K1? Which would be faster and affordable (given we are on a very limited budget)? How many months in advance would we have to apply for it so we can be together soon after the wedding in the states. Or would it be advisable to move to the States (Nebraska) on K1 - not sure how long it would take to get the visa to move back to the states and how long it would take to get a work employment/ get advance parole/ apply for greencard? Do you think this is all possible before Feb 2012?

Also, I am unclear on the CR1. Would that be better than K3 or K1?

I guess we just need some advice on what would make sense. I would also like to be with my Fiancé sooner rather than later but I am worried about the financial burdens given I have no income right now. I don’t know. We just could use some perspective.

Thank you for listening and providing us some advice.

Trish & Ryan

[Ryan H 3,791]

Posted times by USCIS from NOA1 to NOA2 for K1 and CR-1 are the same, 5 months. CR-1 has processing at the NVC but if things are managed properly on the petitioner's end, time at the NVC can be short. You obviously have no control regarding things on the NVC end.

If you get married in Goa, K1 is off the table as it is for couples who are not married. Your USC spouse would file a petition on your behalf to apply for a CR-1.

CR-1 is better than K3. CR-1 is an immigrant visa, you would receive a green card on arrival at the POE in the form of an I-551 stamp, the actual card would arrive in the mail a short time later. You could also work right away. To even have a K3 enter the picture, the I-130 would have to be filed first, then the I-129F would be filed. USCIS would tie the two petitions together and if the I-129F were to reach the NVC at the same time or after the I-130, the I-129F for K3 would be administratively closed leaving only the I-130 for CR-1 active.

K visas (K1 fiancee and K3 spouse) are non-immigrant visas that would require adjustment of status to obtain the green card. Furthermore, in order to work or leave the US while the AOS is pending, you would have to apply for the EAD and AP respectively. Also, the timeframe before receiving an EAD and/or AP is months.

In terms of costs, you are looking at the following figures in terms of fees, I rounded up in my estimates:

K1: $2000

petition filing fee

visa fee

adjustment of status

CR-1: $1000

petition filing fee

affidavit of support fee

visa fee

If you choose the K1 route, the petition can be filed for anytime, just don't get married until after you enter the US.

If you choose the CR-1 route, the petition cannot be filed until after you have married. Once you have married, filing can happen anytime.

Edited July 15, 2011 by Ryan H

[Trian 0]

HI Ryan H.

Thanks so much for your input on this. We are not leaning towards CR-1... will look up more information on this.

Are these forms easy to fill or would you recommend a laywer?

Posted times by USCIS from NOA1 to NOA2 for K1 and CR-1 are the same, 5 months. CR-1 has processing at the NVC but if things are managed properly on the petitioner's end, time at the NVC can be short. You obviously have no control regarding things on the NVC end.

If you get married in Goa, K1 is off the table as it is for couples who are not married. Your USC spouse would file a petition on your behalf to apply for a CR-1.

CR-1 is better than K3. CR-1 is an immigrant visa, you would receive a green card on arrival at the POE in the form of an I-551 stamp, the actual card would arrive in the mail a short time later. You could also work right away. To even have a K3 enter the picture, the I-130 would have to be filed first, then the I-129F would be filed. USCIS would tie the two petitions together and if the I-129F were to reach the NVC at the same time or after the I-130, the I-129F for K3 would be administratively closed leaving only the I-130 for CR-1 active.

K visas (K1 fiancee and K3 spouse) are non-immigrant visas that would require adjustment of status to obtain the green card. Furthermore, in order to work or leave the US while the AOS is pending, you would have to apply for the EAD and AP respectively. Also, the timeframe before receiving an EAD and/or AP is months.

In terms of costs, you are looking at the following figures in terms of fees, I rounded up in my estimates:

K1: $2000

petition filing fee

visa fee

adjustment of status

CR-1: $1000

petition filing fee

affidavit of support fee

visa fee

If you choose the K1 route, the petition can be filed for anytime, just don't get married until after you enter the US.

If you choose the CR-1 route, the petition cannot be filed until after you have married. Once you have married, filing can happen anytime.

[Jamaican Luv 13]

Hi Everyone,

We are in dire need for some direction. I used to study and work in the USA (10 years). I however decided to move back home (Middle East) this year to look for a job due to issues with getting the green card through company sponsorship. While at home, my boyfriend of 1.5 years came over, met my parents and proposed to me. Excited but a bit stressed bout the situation and what our next steps should be.

We wanted to get opinions on what would be a better option for the visa. We want to get married in Goa sometime Feb 2012, however marriage in Goa (Catholic) would require me to have a civil/ court marriage first I believe. I assume, if I get the civil/ catholic wedding done in Goa, that would mean for me to come back to the states would require me to come on a K3, right? Or could I still come in on a K1? Which would be faster and affordable (given we are on a very limited budget)? How many months in advance would we have to apply for it so we can be together soon after the wedding in the states. Or would it be advisable to move to the States (Nebraska) on K1 - not sure how long it would take to get the visa to move back to the states and how long it would take to get a work employment/ get advance parole/ apply for greencard? Do you think this is all possible before Feb 2012?

Also, I am unclear on the CR1. Would that be better than K3 or K1?

I guess we just need some advice on what would make sense. I would also like to be with my Fiancé sooner rather than later but I am worried about the financial burdens given I have no income right now. I don’t know. We just could use some perspective.

Thank you for listening and providing us some advice.

Trish & Ryan

yeh i was wondering the same thing... hopefully somebody will be able to help us decide.

[Darnell 8,478]

hmmmmm

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

[Ryan H 3,791]

Are these forms easy to fill or would you recommend a laywer?

The forms themselves are straightforward as far as filling them out goes, there are sample forms in the VJ guides that you can look at for assistance in completeing them. Most importantly though, keep doing your homework.

The decision on whether or not to retain a lawyer is yours and yours alone, however, I think it's fair to say most people on VJ will say unless your case is complicated, having a lawyer might not help all that much. I say again for emphasis, you have to make that call based on what your are comfortable doing, not on what I or anyone else says.