K3 or IR-1?

[AmerHun 0]

Hi all,

I am planning on getting married in September. We decided not to pursue the fiance visa and wait the extra time for my soon to be wife to have more rights (traveling home, working, etc). What are the major differences between K3 and IR-1? It seems that K3 is somewhat of a safety net if the IR-1 drags on, please correct me if I'm wrong. Upon further research it seems the K3 visa is not popular at all and I can't understand why? Is the K3 something to consider or should we just file the IR-1 and hope it doesn't take forever? We have heard of the IR-1 taking up to a year easily so we don't know what to expect. The K3 seems to allow her to at least come sooner and have more rights (going home sometimes) than the fiance visa,just in case the IR-1 takes longer than expected. Thanks for any help and information regarding this topic!

Cheers!

B

[NikLR 13,227]

K3 and ir1 are processed in the same amount of time. At most, if the K3 even makes it through to the NVC without being administratively closed, it saves you a month, maybe 2. But you have to adjust status so the K3 costs twice as much to green card as the CR1. Your wife would not be able to work on the K3.

Its USCIS policy to adjudicate the I-129F and I-130 of the K3 together its the NVC policy to close the I-129F of they recieve it after or at the same time as an approved I-130. Consulates have even closed the K3 path once they learn of an approved I-130.

Almost all the advantages of the CR1 over the K1 that you are looking for is lost if you get a K3. The only advantage that remains is the K3 is a multiple use visa so the beneficiary can travel.

[Caykay1 71]

People will tell you K3 is obsolete. Since it doesn't cost extra for k3, I will say do both. I did both and when my IR1 was approved the closed the K3. So harm or anything caused. I am the type to explore all corners just to be safe. K3 is to allow your partner come here and wait for IR in case there's any delay which I highly doubt because things seem to be moving fast with USCIS now. Good luck on your journey

Edited May 30, 2016 by Caykay1

[NikLR 13,227]

There can be some harm and help in sending the I-129F petition. A) if sent near the beginning your I-130 is pulled out of line and sent to the back with the I-129F. You lose a month or more in processing time. But B) if the I-130 has been overdue for some time (6-8 months in) an I-129F can pull it out of a black hole.

[NikLR 13,227]

Obsolete means it's very rarely granted. I crunched some numbers a few years ago and it was .03% of the immigrant visas were k3. A year later it was like .3% as more people had tried for it. The USCIS wants you to try for the K3 because they make more money from you.

So if you like filling out paperwork, go ahead and send the I-129F as well. It's your choice. But understanding the fundamental differences between the two visas is key so you can make an informed decision if you actually get one.

Edited May 30, 2016 by NLR