Need Advise which route to follow... K1 or K3 or other

[Ali_y_Juan 1]

Hello board,

First, I want to thank in advance anyone who takes the time to read my quick story. I am new to this forum. Like most people here, I want to be with my significant other and we are seeking the best route. We recently married civilly in Mexico in order to get married in the Church.

About me: I am an American Citizen living in New York City. However, my residence is in Delaware. I am on this board seeking advice and other souls in my situation... I am on this board because of Ali my significant other. Ali lives in Mexico, and I want to get her here so we can live together.

I have heard of people getting married in Mexico, however still sucessfully applying for K1 visa? Is this a good idea for us?

We will need to get married in the Church as we a both deeply religious. From the notes in the Comparison page, I think IR1 might be better if we are married.

Fiancé(e) Visa (K1)

Spousal Visa (K3)

Spousal Visa (IR1 / CR1)

[dimples 9]

Hello board,

First, I want to thank in advance anyone who takes the time to read my quick story. I am new to this forum. Like most people here, I want to be with my significant other and we are seeking the best route. We recently married civilly in Mexico in order to get married in the Church.

About me: I am an American Citizen living in New York City. However, my residence is in Delaware. I am on this board seeking advice and other souls in my situation... I am on this board because of Ali my significant other. Ali lives in Mexico, and I want to get her here so we can live together.

I have heard of people getting married in Mexico, however still sucessfully applying for K1 visa? Is this a good idea for us?

We will need to get married in the Church as we a both deeply religious. From the notes in the Comparison page, I think IR1 might be better if we are married.

Fiancé(e) Visa (K1)

Spousal Visa (K3)

Spousal Visa (IR1 / CR1)

Hello Ali, I am not sure exactly what it is you're asking but I'll give you my opinion on which I think is the best route.

If you are already married in Mexico then I would suggest going the CR1 route. The K1 and CR1 are taking pretty much the same time give or take a month or two.

However, with the CR1 once you enter the country you will automatically be able to work and travel freely. You wont with the K1.

You can totally forget about the K3 it pretty obsolete these days as the CR1 does the exact same thing and it cost less.

Hope I was able to help....God bless you on your journey!

[C-ma'am 684]

The K1 is out of the equation because, you two, are married, already.

[Ali_y_Juan 1]

Hello Ali, I am not sure exactly what it is you're asking but I'll give you my opinion on which I think is the best route.

If you are already married in Mexico then I would suggest going the CR1 route. The K1 and CR1 are taking pretty much the same time give or take a month or two.

However, with the CR1 once you enter the country you will automatically be able to work and travel freely. You wont with the K1.

You can totally forget about the K3 it pretty obsolete these days as the CR1 does the exact same thing and it cost less.

Hope I was able to help....God bless you on your journey!

Thank you Dimples. You read it right. I was looking to choose between the CR1 or the K1. (I have heard of married couples in Mexico applying for K1 because it is slightly faster).

Wish me luck here we go!!

[C-ma'am 684]

Thank you Dimples. You read it right. I was looking to choose between the CR1 or the K1. (I have heard of married couples in Mexico applying for K1 because it is slightly faster).

Wish me luck here we go!!

Ali, I'm afraid it's not about timing between CR1 and K1, it's about the purpose of each visa.

K1 VISA applies to couples who are engaged and plan on having their wedding in the US. This visa allows you to do JUST that.

CR1 is for married couples. The USC wants to bring their spouse into the US to live there.

So, once again, the K1 visa is NOT an option for you guys, because you are legally married in Mexico. Applying for this visa will result in a denial and a waste of time and money!

Best of luck to you!

Edited February 23, 2012 by Celeste & C

[dimples 9]

Ali, I'm afraid it's not about timing between CR1 and K1, it's about the purpose of each visa.

K1 VISA applies to couples who are engaged and plan on having their wedding in the US. This visa allows you to do JUST that.

CR1 is for married couples. The USC wants to bring their spouse into the US to live there.

So, once again, the K1 visa is NOT an option for you guys, because you are legally married in Mexico. Applying for this visa will result in a denial and a waste of time and money!

Best of luck to you!

Hello Ali I will agree here if you are LEGALLY married then K1 is out.

[vanessa.diaz 0]

K1 is out of the picture...you guys are already legally married so CR1/IR1 is the only option!

[JimVaPhuong 4,863]

Thank you Dimples. You read it right. I was looking to choose between the CR1 or the K1. (I have heard of married couples in Mexico applying for K1 because it is slightly faster).

Wish me luck here we go!!

If you send a K1 petition and USCIS finds out you're already married then they'll deny the petition. If the consulate finds out then they'll deny the visa. If you managed to get through the consulate and get a visa then USCIS would find out about the prior wedding when you submit the marriage certificate for adjustment of status. Adjustment of status based on the K1 petition would be impossible because you didn't marry within the 90 day window after entering the US. They could even deport the beneficiary for material misrepresentation on the visa application, and prosecute the petitioner for misrepresentation on the petition. A fundamental requirement of the K1 is that both parties must be free to marry. Two people already married to each other are not free to marry.

Some people play the system and get away with it. The ones who get caught find out that US government enforcement can be brutally harsh. Don't ever lie to these people about anything.

K3's require two petitions - an I-130 and an I-129F. It used to be that USCIS would approve the I-129F within a few months, but might take a year or more to approve the I-130. NVC would send the approved I-129F to the consulate, and the beneficiary could get a K3 visa and come to the US to wait for the I-130 approval. After that, they'd file for an adjustment of status. USCIS now usually approves the I-129F and I-130 at the same time. When NVC receives both approved petitions at the same time it's now their policy to administratively close the I-129F, and only send the approved I-130 to the consulate. Even if you spend the extra money to petition for a K3, you'll probably still end up interviewing for a CR1. For this reason there's little point in sending the I-129F. Just file an I-130 for a spousal visa.