K1 and K3

[tabwoman 0]

Hi everyone im new in this site and i would like someone to answer me or help me, i will ask this simple question but hard to answer.

What is better to take a K1 or a K3?

I will appreciate your kind response

Thanks!

[James And Oksana 19]

Hi everyone im new in this site and i would like someone to answer me or help me, i will ask this simple question but hard to answer.

What is better to take a K1 or a K3?

I will appreciate your kind response

Thanks!

Depends on the goal. If you want the quickest route to a couple being together, fiancee K1 visa. If you want the fiance(e) to be able to work quickly upon entering US, the CR1 (marriage outside US and I-130). K1 marriage inside the US, which has given some heartburn over foreign family members unable to attend wedding in US. All depends on how you want to proceed.

[tabwoman 0]

Oh! thank you so much for your help coz i want to work asap when i get in US

[DavenRoxy 1,073]

A K1 is typically faster, but I BELIEVE it costs a little more in the long run, due to the fee structure. With a K1, filed between now and the end of the year, you will wait around 4-5 months for a NOA2, and perhaps have a visa in hand within 1-2 months after than, and be free to travel to the US. When we started our process last August, K1s were 5 months to NOA2, add one month for interview/visa, and you could be in the US within 6-7 months. You can get EAD (work permit) in approx 30 days. Then you have to get married, file AOS (which is kind of rolled up into the K3 process already), file for SSN, etc.

K3 visas were taking around a year. But... with a K3, once you get to the US, you are pretty much done for two more years with any USCIS paperwork, and are free to work right away. So it's a slower process to get permission to enter the USA, but once here, less paperwork to continue with for a couple of years.

K1 gets you together sooner, but with more fees & paperwork to file after arrival/marriage. HTH!

[Penguin_ie 5,994]

Daven, you are incorrect on the K3. The K3 also required AOS after immigration and is more expensive, plus it isn't an option for most couples as it usually gets administratively closed at NVC stage. If married, go for the CR-1, which is the spousal visa which gives you immediate greencard upon entry and ability to work.

OP: it depends on your plans of course, but I would almost always recommend the CR-1 above the K1. The CR0-1 means you can have your wedding at home with your family present (it is more likely his close friends and family can travel than yours), it means you get the immediate greencard upon entry, it is cheaper, and you are done with paperwork for two years once you get the visa. On the downside of course, you need to get married before applying, which delays the process.

[tabman 0]

Oh! thank you so much for your help coz i want to work asap when i get in US

Two very good responses to visa pro/con!

[DavenRoxy 1,073]

Daven, you are incorrect on the K3. The K3 also required AOS after immigration and is more expensive, plus it isn't an option for most couples as it usually gets administratively closed at NVC stage. If married, go for the CR-1, which is the spousal visa which gives you immediate greencard upon entry and ability to work.

OP: it depends on your plans of course, but I would almost always recommend the CR-1 above the K1. The CR0-1 means you can have your wedding at home with your family present (it is more likely his close friends and family can travel than yours), it means you get the immediate greencard upon entry, it is cheaper, and you are done with paperwork for two years once you get the visa. On the downside of course, you need to get married before applying, which delays the process.

You are correct, a K3 requires AOS. Not sure why you say it isn't an option due to being administratively closed?

Both K3 and CR-1 allow the couple to be married with family present, but the K3 gets you to the US a bit faster, just requires AOS adter arrival (and costs a tad more, of course).

With CR-1, you cannot enter US until visa is processed. With K3, you can enter US prior to I-130 being approved, and can apply for EAD/AP, so might actually be able to work in the US sooner because they ARRIVED sooner.

CR-1 IS cheaper, overall. And if you happen to live overseas, DCF is actually THE WAY to go... as cheap as a CR-1, and MUCH faster!

Here's a good way to view them: http://www.visajourney.com/content/compare#k3

[Penguin_ie 5,994]

Not sure why you say it isn't an option due to being administratively closed?

Because in 99% of cases, the I-130 and the I-129F will arrive at NVC at the same time. When that happens, the NVC administratively closes the K3 petition, ie they don't give you a choice and you must proceed with the CR-1. The K3 used to be much faster, years ago, but they are now about the same timeline, even when you can get one through. There is really no reason to even try for a K3.

[tabwoman 0]

your responesed both are truly helpful for me and to my fiance' thank you so much!