K-3 vs K-1 Questions

[krisandangie 0]

We have a few questions regarding our situation. We are marrying soon, and considering applying for the k-3 visa as opposed to the k-1. I reside in Ohio, he lives in Montreal. Would it be better for us to marry here in the U.S. or in Canada? I am recently divorced also. Does anyone know if my recent divorce may pose any problems or delays? Any opinions on whether this would play a factor in either the k-1 OR the k-3? We are looking for the quickest route possible!

[raymaga 25]

We submitted our I-129F application less than 2 weeks from my divorce, and we had no problems whatsoever.

Edited April 6, 2007 by raymaga

[Otto 83]

If you're legally able to marry (re-marry), nope.

Can't advice on what's best for ya though.. there is a list of advantages/differences in the "What Visa Do We Need" (Begin Here) in the guides section that might lead you in one direction or the other...

[Reba 2]

check in Montreal if any special paperwork will be needed to complete for a marriage license there. I don't know if Quebec is the same, but when my husband and I were planning to get married in Ontario, we were going to have to send the Provincial Registrar copies of his previous divorce decrees, with a bunch of forms for "foreign divorce" (he's the USC). That would be the only way we'd be granted a marriage license.

We ended up getting married in the US though, and I don't think they even asked if either of us were divorced

[krisandangie 0]

check in Montreal if any special paperwork will be needed to complete for a marriage license there. I don't know if Quebec is the same, but when my husband and I were planning to get married in Ontario, we were going to have to send the Provincial Registrar copies of his previous divorce decrees, with a bunch of forms for "foreign divorce" (he's the USC). That would be the only way we'd be granted a marriage license.

We ended up getting married in the US though, and I don't think they even asked if either of us were divorced

After speaking with a few attorneys and getting some advice, we have decided to go with the k-1, as it should be faster according to them.

We would love to save the money and handle everything ourselves, but I am feeling that it would be best to retain an attorney. I am intimidated by the whole process, and want to avoid any setbacks. I'd hate to make one little mistake that could cost us months. In addition, all attorneys CLAIM that they are able to get things done more quickly. Any truth to that?

[payxibka 10,044]

In addition, all attorneys CLAIM that they are able to get things done more quickly. Any truth to that?

Of course they make that claim... they want you to part with your money....

[misa 2]

After speaking with a few attorneys and getting some advice, we have decided to go with the k-1, as it should be faster according to them.

We would love to save the money and handle everything ourselves, but I am feeling that it would be best to retain an attorney. I am intimidated by the whole process, and want to avoid any setbacks. I'd hate to make one little mistake that could cost us months. In addition, all attorneys CLAIM that they are able to get things done more quickly. Any truth to that?

A lawyer will NOT be able to get things done more quickly. In some cases, they actually make the process SLOWER since they are not always on top of your case. They cannot make the processing any faster.

Your case isn't complicated at all. You just need to ensure that you are both legally free to marry with any divorces completely finalised before you and your fiance marry (if going the K3 route) or just file for a K1.

Every situation is different but for us a K3 was better because 1) we wanted to be married starting this process and 2) a K3 is a multiple entry visa.

FWIW, we got married in the U.S. on a visit. Wasn't a problem and I only stayed 4 days on that visit. Visiting after we got married with paperwork filed also wasn't a problem. I visited every 3 weeks up until my interview date.

I know it is overwhelming at first but the majority of us here have done everything on our own. Take the time to read the guides, the forms, different threads and take a breather when you feel overwhelmed. I swear that you'll get the hang of this all very quickly.

Edited April 14, 2007 by misa

[pushbrk 12,243]

check in Montreal if any special paperwork will be needed to complete for a marriage license there. I don't know if Quebec is the same, but when my husband and I were planning to get married in Ontario, we were going to have to send the Provincial Registrar copies of his previous divorce decrees, with a bunch of forms for "foreign divorce" (he's the USC). That would be the only way we'd be granted a marriage license.

We ended up getting married in the US though, and I don't think they even asked if either of us were divorced

After speaking with a few attorneys and getting some advice, we have decided to go with the k-1, as it should be faster according to them.

We would love to save the money and handle everything ourselves, but I am feeling that it would be best to retain an attorney. I am intimidated by the whole process, and want to avoid any setbacks. I'd hate to make one little mistake that could cost us months. In addition, all attorneys CLAIM that they are able to get things done more quickly. Any truth to that?

Compared to handling it yourself correctly, the logistics of using an attorney will surely add time to your process. Compared to handling it yourself poorly, using an attorney could save the delays you'll cause. Many people come to this kind of forum wishing they had come here first and skipped the attorney. It's all a judgment call. Only hindsight will tell you whether your decision was the best one for you.

The K1 route is statistically faster from filing to visa issue but it does require that you wait to marry and marry in the US within 90 days of entry. It is only "better" if those parameters meet your personal and family requirements.

[krisandangie 0]

After speaking with a few attorneys and getting some advice, we have decided to go with the k-1, as it should be faster according to them.

We would love to save the money and handle everything ourselves, but I am feeling that it would be best to retain an attorney. I am intimidated by the whole process, and want to avoid any setbacks. I'd hate to make one little mistake that could cost us months. In addition, all attorneys CLAIM that they are able to get things done more quickly. Any truth to that?

A lawyer will NOT be able to get things done more quickly. In some cases, they actually make the process SLOWER since they are not always on top of your case. They cannot make the processing any faster.

Your case isn't complicated at all. You just need to ensure that you are both legally free to marry with any divorces completely finalised before you and your fiance marry (if going the K3 route) or just file for a K1.

Every situation is different but for us a K3 was better because 1) we wanted to be married starting this process and 2) a K3 is a multiple entry visa.

FWIW, we got married in the U.S. on a visit. Wasn't a problem and I only stayed 4 days on that visit. Visiting after we got married with paperwork filed also wasn't a problem. I visited every 3 weeks up until my interview date.

I know it is overwhelming at first but the majority of us here have done everything on our own. Take the time to read the guides, the forms, different threads and take a breather when you feel overwhelmed. I swear that you'll get the hang of this all very quickly.

Am I looking at your timeline correctly?? Your k-3 only took 3 months??!! :-0 I know every case is different, but geez, you have me rethinking again! All attorneys told me 6-7 months for the k-1 based on my residence in Ohio, and my fiance needing to go through the consulate in Montreal (supposedly a slow one?) With the k-3 being longer than that!

We originally wanted to go with the k-3 because we wanted to be married starting this process also. The only thing that has us reconsidering is what the attorneys said about it taking longer. Every one of them I spoke with said almost the exact same thing...."I never recommmend the k-3 if the k-1 is an option".....???????????

Did you have to show proof of ties in Canada and intent to return when entering for your visits? And did you state that you were visiting your spouse?

It is overwhelming indeed! Our situation isn't complicated really. I do have to have a joint sponsor file an affidavit of support, as I do not qualify on my own. It is fine, my dad should be fine to do it. We also need to make it clear at his interview that my fiance's arrival here will better OUR household's financial situation SIGNIFICANTLY.

Maybe with some care taken, and with the availability of support and advice from people on boards such as this one, we can handle this ourselves. I just want him here as soon as possible!

[krisandangie 0]

check in Montreal if any special paperwork will be needed to complete for a marriage license there. I don't know if Quebec is the same, but when my husband and I were planning to get married in Ontario, we were going to have to send the Provincial Registrar copies of his previous divorce decrees, with a bunch of forms for "foreign divorce" (he's the USC). That would be the only way we'd be granted a marriage license.

We ended up getting married in the US though, and I don't think they even asked if either of us were divorced

After speaking with a few attorneys and getting some advice, we have decided to go with the k-1, as it should be faster according to them.

We would love to save the money and handle everything ourselves, but I am feeling that it would be best to retain an attorney. I am intimidated by the whole process, and want to avoid any setbacks. I'd hate to make one little mistake that could cost us months. In addition, all attorneys CLAIM that they are able to get things done more quickly. Any truth to that?

Compared to handling it yourself correctly, the logistics of using an attorney will surely add time to your process. Compared to handling it yourself poorly, using an attorney could save the delays you'll cause. Many people come to this kind of forum wishing they had come here first and skipped the attorney. It's all a judgment call. Only hindsight will tell you whether your decision was the best one for you.

The K1 route is statistically faster from filing to visa issue but it does require that you wait to marry and marry in the US within 90 days of entry. It is only "better" if those parameters meet your personal and family requirements.

That's the thing...it doesn't really make a difference to us whether we marry first or marry once he arrives here. THE FASTEST ROUTE in getting him to the U.S. is what we're looking for.

There is more required to prove a legit relationship with the k-1, correct? We should have enough proof that we have a bonafide relationship with e-mails, mailing receipts from packages, travel proof from visit and pics from visit (but they have no date stamped on them). The only thing that I'm unsure of is phone records. Though we speak daily for hours, we use calling cards with our cell phones, and there is really no proof of the number dialed.

[misa 2]

Hey there. From initial filing to interview, it took about 4 months. My timeline is not the norm unless you factor in a few things including filing through Vermont and interviewing in Vancouver (I was lucky to be approved to transfer my interview from Montreal to Vancouver). Montreal is NOTORIOUSLY slow and one can only get a transfer to Vancouver if they can show the consulate a valid reason for transfer including an address out west.

Check out the Canada subforum here. There is a thread for people waiting on Montreal. K3s for some reason seem to take a little longer to be scheduled for an interview (might just be an anamoly over the past couple of months).

K1s do seem to get approved much faster through Vermont over K3s for whatever reason and you do have to wait for the receipt notice for the I-130 before you can file the I-129F if going for a K3.

The huge advantage of a K3 is that it is multiple entry which was important to us as well as being married starting this process. But every situation is unique so if a K1 suits your needs, go with that. The longest wait will be for the consulate interview at Montreal though.

As for visiting every 3 weeks, I always brought a ton of ties to Canada and all our petition paperwork with me. I wasn't entirely truthfully for the majority of the visits and told them I was visiting family. I decided I was going to be completely honest the 2nd to last visit and said husband. The officer asked me a ton of questions that only someone going through this process would know (e.g., questions on service centres, the process, etc.) and didnt' ask to see my evidence. The time after that the officer already knew I was visiting my husband, ask if I had an interview date yet, wished me luck with the interview and to have a good weekend.

This is a great community with a WEALTH of information. If you are good at details and read up on everythng, you should be fine to file without the aide of a lawyer.

Edited April 15, 2007 by misa

[CutienPurg 0]

we opted for K-3 for the sole purpose of multiple entry. Our concern was that of my husband having to wait several months to obtain Advanced Parole(AP) thereby not being able to continue regular contact with his children. We married in Michigan as we found it to be less complicated. I applied for the marriage license , we waited 3 days, got married and had possession of the marriage certificate 20 minutes later. It took 6 months from the date Montreal received our file to the day of my husband's interview......not sure we're the norm but we are probably closer to the current norm than what timelines of 3-6 months ago indicated.

I copied info from the timelines , removed CR-1's and one couple who were lucky enough to get an interview due to another cancellation( they lived 2 mins from the consulate). In the far left column are the number of days between sending packet 3 ( signed checklist of docs, DS-230, DS-156 ) to the consulate and the interview date. Those who do not have an interview scheduled yet , I put the number of days they have been waiting since return of packet 3. The numbers are current as of Friday's timelines.

Personally I dont think there is much difference between the K-1 and K-3 regarding wait times. Regardless what u decide k-1 or k-3, check your forms, check your check ,READ THE INSTRUCTIONS 3X, then do it all again. Organization is key along with knowledge.

anyway have a look and good luck

[garyandkris 0]

That's the thing...it doesn't really make a difference to us whether we marry first or marry once he arrives here. THE FASTEST ROUTE in getting him to the U.S. is what we're looking for.

There is more required to prove a legit relationship with the k-1, correct? We should have enough proof that we have a bonafide relationship with e-mails, mailing receipts from packages, travel proof from visit and pics from visit (but they have no date stamped on them). The only thing that I'm unsure of is phone records. Though we speak daily for hours, we use calling cards with our cell phones, and there is really no proof of the number dialed.

If you go the K-3 route, you'll have to file an I-130 petition first, which now requires proof of an ongoing, bonafide relationship too. So either way, you'll have to deal with gathering evidence of that. Additionally, you'll have to wait for the first notice of action from the I-130 before you can file the I-129F, which may take several weeks. If my husband and I hadn't already been married for a couple years before starting this process, we would have chosen the K-1 route.

When I first looked into the immigration process, I was overwhelmed and confused by all the forms and information. During a few hours of reading, I gradually began to see exactly what we had to do and when we had to do it. It looks a lot worse than it actually is. The forms are fairly straightforward, and any questions you have about them are likely to have been asked and answered on this forum before. If you have any problems, there are a lot of VJers who've been around quite a while and have tons of experience they're willing to share.

You could always have a go at filling out the forms yourself, and if you decide it's too much for you, then you could hire a lawyer. I'd recommend you give it a try first, though, because for simple cases this early in the process, lawyers seems like a waste of time and money. Spend a few days rummaging through the information and posts on this site, and I'm sure you'll feel a lot more confident about tackling the process yourself.

[krisandangie 0]

we opted for K-3 for the sole purpose of multiple entry. Our concern was that of my husband having to wait several months to obtain Advanced Parole(AP) thereby not being able to continue regular contact with his children. We married in Michigan as we found it to be less complicated. I applied for the marriage license , we waited 3 days, got married and had possession of the marriage certificate 20 minutes later. It took 6 months from the date Montreal received our file to the day of my husband's interview......not sure we're the norm but we are probably closer to the current norm than what timelines of 3-6 months ago indicated.

I copied info from the timelines , removed CR-1's and one couple who were lucky enough to get an interview due to another cancellation( they lived 2 mins from the consulate). In the far left column are the number of days between sending packet 3 ( signed checklist of docs, DS-230, DS-156 ) to the consulate and the interview date. Those who do not have an interview scheduled yet , I put the number of days they have been waiting since return of packet 3. The numbers are current as of Friday's timelines.

Personally I dont think there is much difference between the K-1 and K-3 regarding wait times. Regardless what u decide k-1 or k-3, check your forms, check your check ,READ THE INSTRUCTIONS 3X, then do it all again. Organization is key along with knowledge.

anyway have a look and good luck

Wow, thank you for the list and info. Not very encouraging though, regarding the wait times in Montreal! :'-(

[CutienPurg 0]

you're absolutely right......its very disheartening. I do wanna mention though that you shouldn't expect those time lines to be what you'll experience. My advice would be to be PREPARED for 2 months following Montreal getting the file and the interview because it could happen , however, mentally prepare yourself for 6 months. We used the timelines as our basis for expectation and were severely disappointed.......like being sucker punched.

Best of Luck