Is K-3 the best option for us?

[rconnard 0]

Hi,

I've read the info about the K-1 and K-3 visas and checked out the comparisons between them but can't quite figure out which one would be the best. I need experienced people's insight into this.

My boyfriend and I met in July 2011, we've been living in Turkey together for the past year (since March 2012, but we don't have a lease on our name so I don't know if this is provable), and decided to marry, and settle in the US for a few years possibly more. He was on a tourist visa in Turkey but then got his one-year residence permit a few months ago. Apparently you can do that now for up to a year even if you're just a tourist meaning you're not employed by a Turkish company or studying or anything. This permit does not allow the person to work.

Now we have 2 different options:

1) Apply for a K-1 visa. From what I understand, he needs to be in the US in order to apply for this fiancee visa, and that takes a lot of time, and we want to be together. My question is: If we decide to go with this K-1 application, while it is still in progress (it typically takes more than a year as I see), can I go to the US on a tourist visa? The tourist visa I got a few years ago is still valid but I'm afraid I won't be allowed entry this time because I'm not a student anymore and don't have much reason to come back to my own country nor do I have enough money to support that kind of leisure travel. I'm 25 years old and it is a risky age for trying to travel in the US, it is because I don't have any savings (just got out of college) so it might look like I'm trying to sneak into the country and stay there or something.

2) Get married in Turkey. Apply for a K-3 visa. That way he does not have to go to the US, right? Even though this takes a long time too he could at least stay here because we would be married. I'm curious if we would be allowed to use the direct consular filing service because he is already a resident although not a permanent resident. Eventually, he will need to get a job in the US and be my sponsor for my Immigrant visa. Can he wait until I get my K-3 visa and be able to go to the US with him, because we don't want to be apart from each other?

So our priority is to be able to stay together in one country even if the process takes longer. But of course we want to do it as soon as possible in order to start our life in the US and reunite with his family there (it's been long!). I've been reading tons of information, couldn't figure it out, and need people's opinion on our situation.

Thanks!

-banu

[Inky 1,111]

Hi,

I've read the info about the K-1 and K-3 visas and checked out the comparisons between them but can't quite figure out which one would be the best. I need experienced people's insight into this.

My boyfriend and I met in July 2011, we've been living in Turkey together for the past year (since March 2012, but we don't have a lease on our name so I don't know if this is provable), and decided to marry, and settle in the US for a few years possibly more. He was on a tourist visa in Turkey but then got his one-year residence permit a few months ago. Apparently you can do that now for up to a year even if you're just a tourist meaning you're not employed by a Turkish company or studying or anything. This permit does not allow the person to work.

Now we have 2 different options:

1) Apply for a K-1 visa. From what I understand, he needs to be in the US in order to apply for this fiancee visa, and that takes a lot of time, and we want to be together. My question is: If we decide to go with this K-1 application, while it is still in progress (it typically takes more than a year as I see), can I go to the US on a tourist visa? The tourist visa I got a few years ago is still valid but I'm afraid I won't be allowed entry this time because I'm not a student anymore and don't have much reason to come back to my own country nor do I have enough money to support that kind of leisure travel. I'm 25 years old and it is a risky age for trying to travel in the US, it is because I don't have any savings (just got out of college) so it might look like I'm trying to sneak into the country and stay there or something.

2) Get married in Turkey. Apply for a K-3 visa. That way he does not have to go to the US, right? Even though this takes a long time too he could at least stay here because we would be married. I'm curious if we would be allowed to use the direct consular filing service because he is already a resident although not a permanent resident. Eventually, he will need to get a job in the US and be my sponsor for my Immigrant visa. Can he wait until I get my K-3 visa and be able to go to the US with him, because we don't want to be apart from each other?

So our priority is to be able to stay together in one country even if the process takes longer. But of course we want to do it as soon as possible in order to start our life in the US and reunite with his family there (it's been long!). I've been reading tons of information, couldn't figure it out, and need people's opinion on our situation.

Thanks!

-banu

You would not apply for a K-3 visa at all. You would apply for a CR-1 spousal visa. K-3 visa is obsolete.

[Cathi 5,833]

If engaged you file i-129 for K-1 if married you file i-130 for CR1. K-3 is obsolete, rarely, if ever granted.They used to be granted long ago to married couples when the separation during the visa process was much longer.We all hate to be separated from our SO's but unfortunately you will have to be for awhile. The chances of you being granted a visitor visa with a pending petition or visa application are slim because you would have immigration intent. There are guides at the top of this page for you to read about your visa options