k1 visa vs K3 visa

[pwm1pwm1 0]

I have a fiancee in France and we would like to get married ASAP. I am 77 years old and that makes me want to work quickly (she is 59 and we have known each other for 12 years).

I understand that to get married before getting a K1 is asking for problems. Would it be better if she were to get a work visa and come over and marry me while we wait for a spouse visa (K3)?

[dwheels76 5,463]

I have a fiancee in France and we would like to get married ASAP. I am 77 years old and that makes me want to work quickly (she is 59 and we have known each other for 12 years).

I understand that to get married before getting a K1 is asking for problems. Would it be better if she were to get a work visa and come over and marry me while we wait for a spouse visa (K3)?

You can't get married and file a K1. K3 really is a dead Visa and you would have to marry first and file I-130 (for souses) than you would file the I-129F to try the K3 route.

So either file now as singles and go the fiance' route. They are processed faster and you maybe done within 6 months from filing.

And getting a work Visa doesn't work just like that. She would need to first get hired by a company that would be willing to sponsor her. And that can take some time to process.

Go up to the top of page and read the guides on the K1 and the IR1/CR1 and see what best fits your timeframe and situation.

[inloveVEN 46]

Hi

K1 is only a path for unmarried people. It is needed to let the beneficiary come, get married and then start the whole inmigration process. If you get married then you need to start the IR1-CR1 path, so you wont be able to start k1 path.

Is she a French citizen ? if this is the case you can both get marry in USA as well as abroad. But shee needs to stay abroad till the process ends

wish you luck

[Darnell 8,478]

i suggest K-1 instead.

some stuff to study:

http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us

http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

work visas, H1-B, are extremely difficult to get. J-1 visas - eh - IMO not worth even using if'n marriage is your ultimate goal.

[aaron2020 11,651]

I have a fiancee in France and we would like to get married ASAP. I am 77 years old and that makes me want to work quickly (she is 59 and we have known each other for 12 years).

I understand that to get married before getting a K1 is asking for problems. Would it be better if she were to get a work visa and come over and marry me while we wait for a spouse visa (K3)?

Hi,

Back up your horses.

Marriage forecloses the K1 fiancee visa because a married woman is not a fiancee. The K-1 requires her to be single when she enters the US.

K3 spousal non-immigrant visas are obsolete because it requires filing for a CR1/IR1 spousal visa with an I-130. If the I-130 is approved, the K3 is administratively closed. This is a rare path.

A work visa requires a US employer willing to pay to get her a visa if she has the requisite skills. We don't just let people into the US to take jobs from US citizens (contrary to popular beliefs).

Two choices: File for a K-1 fiancee visa to marry in the US or get marry and file for a CR-1 spousal visa. Both will take 6-12 months. The K-1 is a few months quicker on average.

Best of luck.

[Boiler 43,459]

OP hs not gone into any detail on which work visa she qualifies for, as a general comment a lot to be said for say a L.

[TBoneTX 43,067]

*** Thread moved from Work Visas forum to the "What Visa Do I Need" forum. ***