difference between the k1 and k3 and who is the I-130 form (split merge)

[Chocolate Boy 1]

Dont get a lawyer, it's not difficult t do yourself, they cannot waive USCIS requirements, save yourself about $2500, read the guides on here several times, read your own embassy instructions and browse the forums here, let's face it your going to have the time to do so, it's not a quick process.

dear my fiancee is preparing to fly to Gambia in west africa to marry and want to file for me the the k3 visa after she goes back but she does not have a vast know on all this filing things and said to me if she can hire a lawyer to do it but the way i saw the forms its not a difficult process. as u said . can u advice me please

[Chocolate Boy 1]

I Hope your journey to your future with your fiancé is a very good one and leads you two to a happy life together.

Keep us posted on your progress.

Best wishes to the two of you!!.....

can u advice me how all the process works after marriege

[Chocolate Boy 1]

i want an explanation on the above subject matters of the differences between the

1) k1 and k3 applications

2) who can apply for the I-130

3) can both the k1 and k3 applicant file the I-130 form

[KayDeeCee 4,893]

A K-1 visa is for an unmarried foreign fiance(e). Someone that is already married cannot get a K-1 visa. The I-130 petition is not filed when needing a K-1 visa.

The K-3 spousal visa is rarely issued anymore. It is more likely that you will get a CR-1 spousal visa instead. Anyone wanting to obtain a spousal visa of any kind must first file an I-130 petition.

Check out the guides here on VJ > http://www.visajourney.com/content/guides

And the comparison chart for the various visas > http://www.visajourney.com/content/compare

~ Moved from K-3 Process to What Visa Do I Need | Duplicate topic removed ~

Edited August 10, 2014 by KayDeeCee

[Ian H. 207]

If you aren't already married, you can do the K1 process if you want to be in the US with your fiance faster.

It's a more expensive process overall, you and your fiance must have met in person within the last 2 years, if approved you have to get married within 90 days of entering the country, you then do AOS.

Since you would enter as a nonimmigrant, you cannot begin working, or travel until you apply for and get your EAD/AP, which you can do for free as part of your AOS application.

If you are already married, you can do the CR1 process. The K3 is almost obsolete at this point because, as mentioned above, your CR1 petition would come first.

It's less expensive overall, takes longer, but you will enter as an LPR, so you would be able to travel and work right away, no need for EAD/AP or AOS.

In both cases, you would have to file ROC in 2 years of becoming an LPR to remove the conditions of your green card.

[Boiler 45,663]

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

[Penguin_ie 5,994]

*** several posts in other member's threads removed and others merged here. Please use your own thread to ask questions about your own case, do not hijack other member's threads. *****

[NikLR 13,227]

If your wife does not feel comfortable filling out the forms herself then she should find a good lawyer or visa service to help her. It saves money and time if you do not, but this process requires quite a bit of time, a strong understanding of the English language, and the ability to understand and fill out many government forms. Not everyone is well suited to the "do it yourself" process.

[NigeriaorBust 4,087]

We are having an almost opposite the same problem to that of this guy here. I am supposed to get married to my US fiancee next next month September-2014 but she was married before in states and help her man got the green card but separated from the so called husband after realizing the guy was having a wife with children somewhere in Africa. After some kind of consultations with US immigration officials and family lawyers she was told the marriage was never a marriage from the beginning because the US laws does not allow a polygamous marriage which is qualified as bigamy or void marriage. Now my fiancee is ready to fly to me for us to finalized our marriage. I asked her if she needs a annulment but she told me she was all clear from what she understand from the immigration and family law officials so she will not need annulment since her marriage was bigamy and void marriage. I have been going through the USCIS web and saw the requirements of filing for a spouse visa on CR-1 and it contains proof of annulment and i told my lady about it and she read it but she insist she doesn't need it. I am worried and confused if my marriage with her will not end up being considered void or bigamy with her if she insist on flying over to marry me without the annulment requirements showing proof her previous marriage was considered bigamy and void marriage as part of the CR-1 applications. Can she file for me base on the advice she got from the immigration officials that her marriage was bigamy and void without showing any proof namely annulment? And finally, if at all she came to Africa and marry me without getting the annulment before the marriage and went on the file for me at USCIS and she was asked about the missing annulment, can she get one after the marriage and submit it to them or does she need to get one before coming to marry me? Kindly help me and answer all my questions in order cuz she is 3 weeks away from getting to me in Africa.

Even though she knows that the prior marriage was invalid it still needs to be declared so by the courts. She needs an annulment on the grounds of bigamy. She will need to present proof of the bigamy. Anyone could just claim their spouse had another spouse and walk out. That does not officially terminate the marriage. ( even if it was invalid)

[Ontarkie 14,279]

~~Question removed to prevent overlapping of replies, with other thread in Major Effects~~

Edited August 13, 2014 by Ontarkie