K3 or K1? Engaged to Bulgarian and both currently living in Europe (merged)

[dylnvncnt 0]

Hello! I'm hoping someone can give some good advice.

Here's the situation:

My boyfriend and I (US citizen) are in France. He's Bulgarian. We're engaged and want to move to New York in the Fall 2016- me for work and he for school & work.

We're trying to decide which will be the better option: get married in France before going to the states of going on a fiancé visa and getting married there.

I've been reading the fiancé visa takes less time but a friend who recently did the same thing said the only thing was her husband wasn't able to leave the states until he had a status change and it took about a year. Everything worked out for them. He had no reason or emergency to have to leave the country but I don't want my fiancé to take the risk.

It seems that regardless of which option we decide, we should start the petition soon as it takes the longest. I just want to know if i should bother planning a wedding in the near future or should we wait.

Thank you!!!!!!

[Alaska2012 462]

Well if you want to move in the fall K1 is your best bet time wise. Cr1 takes about a year. But with that said there is no guarantee that your fiancé will have visa in hand by the time you want to move. If you chose K1 he can't work when he arrives so make sure you have enough money to support you both. If you chose CR1 he can start working immediately. How long have you been in France?

[Penguin_ie 5,986]

***** Moving from CR-1 to What Visa do I Need forum as Op has not decided yet *******

I agree if the fall 2016 date is important, then the K1 it needs to be, and file asap.

That being said, the CR-1 is cheaper and means the beneficiary can work right away, so if there is some flexibility, I'd recommend that.

[Darnell 8,478]

Love the tags for your topic. Wow - 10 tags !!! I hope I can understand more..

---

I suggest K1, prepping the petition this weekend.

[dylnvncnt 0]

Well if you want to move in the fall K1 is your best bet time wise. Cr1 takes about a year. But with that said there is no guarantee that your fiancé will have visa in hand by the time you want to move. If you chose K1 he can't work when he arrives so make sure you have enough money to support you both. If you chose CR1 he can start working immediately. How long have you been in France?

thank you for your advice! i've been living in France for about 6 years. IS CR1 the same thing as K3?

[dylnvncnt 0]

Hello! I'm hoping someone can give some good advice.

Here's the situation:

My boyfriend and I (US citizen) are in France. He's Bulgarian. We're engaged and want to move to New York in the Fall 2016- me for work and he for school & work.

We're trying to decide which will be the better option: get married in France before going to the states of going on a fiancé visa and getting married there.

I've been reading the fiancé visa takes less time but a friend who recently did the same thing said the only thing was her husband wasn't able to leave the states until he had a status change and it took about a year. Everything worked out for them. He had no reason or emergency to have to leave the country but I don't want my fiancé to take the risk.

It seems that regardless of which option we decide, we should start the petition soon as it takes the longest. I just want to know if i should bother planning a wedding in the near future or should we wait.

Thank you!!!!!!

[TBoneTX 43,067]

Unanswered duplicate thread removed; this thread moved from K-3 Process forum to the "What Visa Do I Need" forum.

[Mick & Janni 11]

When your fiancé enters the US on a K-1 visa and you two get married, you file for AOS and EAD and AP. EAD is a work permit so he can work before he gets his greencard, and AP is so he can travel outside the US if he wishes to. It takes about 90 days to get those two, you don't have to wait until the AOS (green card) is approved (which can take up to a year or longer).

[avw 8]

I am filing from France too for an IR-1 visa. Our case is really simple, married for 6 years, 2 kids, always lived together and very much in love :-). We filed beginning of August and the process is taking much more time compared to what we had planned. It's going to take about 9-10 months instead of 5-6 months. I would recommend to have a quick planned civil wedding at the Mairie in France not Bulgaria (your file needs to be as easy as possible for paperwork), plan the wedding you want in the US. there were a few cases of people who entered the US with a fiancé visa and who had an emergency situation back home. They went back home without any approval and got stuck (I think). So if you Have the wedding here in France plan 9-10 months for the visa process from the moment you file. You won't be in the US in the fall... Sorry! Good luck

[dylnvncnt 0]

I am filing from France too for an IR-1 visa. Our case is really simple, married for 6 years, 2 kids, always lived together and very much in love :-). We filed beginning of August and the process is taking much more time compared to what we had planned. It's going to take about 9-10 months instead of 5-6 months. I would recommend to have a quick planned civil wedding at the Mairie in France not Bulgaria (your file needs to be as easy as possible for paperwork), plan the wedding you want in the US. there were a few cases of people who entered the US with a fiancé visa and who had an emergency situation back home. They went back home without any approval and got stuck (I think). So if you Have the wedding here in France plan 9-10 months for the visa process from the moment you file. You won't be in the US in the fall... Sorry! Good luck

thank you so much!! this is very helpful. i thought we we're cutting it short for our timeline but this does help. what part of france do you live in? i'm in the south in Aix.

[dylnvncnt 0]

When your fiancé enters the US on a K-1 visa and you two get married, you file for AOS and EAD and AP. EAD is a work permit so he can work before he gets his greencard, and AP is so he can travel outside the US if he wishes to. It takes about 90 days to get those two, you don't have to wait until the AOS (green card) is approved (which can take up to a year or longer).

thank you for your response. do you know if he's able to go to school on a fiancé visa? i've heard that he needs a SSN before being able to go to school so that would mean applying for the EAD, right?

thanks again

[Darnell 8,478]

No, it's not.

are you on a PC ? Study the Guides Section, from now till sundown.

[Alaska2012 462]

No! K3 is more or less obsolete these days. Don't waste your time on that. Read up on K1 and CR1 here on vj

[kris&me 572]

Have you the US citizen maintatined a residence in the US such as apartment or home and filing taxes?

K3 is now called CR 1 BTW

Has financee applied and been accepted at school or college?

He will need certain things to attend school here / if married a SS card and green card

If applying as a foreign student without marriage, he needs to take the TOEFL which he can take while in France

AOS (adjustment of status ) application after coming to US costs $1050 / need that for the green card

others here will give you links to help you but all the information is on this site / just google a question

[Dashinka 23,252]

Have you the US citizen maintatined a residence in the US such as apartment or home and filing taxes?

K3 is now called CR 1 BTW

Has financee applied and been accepted at school or college?

He will need certain things to attend school here / if married a SS card and green card

If applying as a foreign student without marriage, he needs to take the TOEFL which he can take while in France

AOS (adjustment of status ) application after coming to US costs $1050 / need that for the green card

others here will give you links to help you but all the information is on this site / just google a question

I was going to ask the same thing. Doesn't the USC have to have an established residence to file for a K1? Also, technically, the K3 is not obsolete, but almost no one uses that route due to the fact that the spouse doesn't enter with a GC and you would have the added expense of an AOS after arrival. Very similar to filing for an EAD on a K1 before adjusting, generally an unnecessary expense/step.

Good Luck!

Edited February 1, 2016 by Bill & Katya