Questions about K1 -vs- K3 Visa:

[Robert D 0]

I've always understood that a K-1 Fiance Visa is processed/approved much faster than marrying abroad and bringing her to the U. S. on a K-3 Spousal Visa; Is this still the case? Is it possible to marry abroad but NOT file the marriage there in her home country (The Philippines) and even though are married there so her friends and family can attend, or will that complicate/delay things?

[Crazy Cat 41,978]

Forget the K-3 .  It is obsolete, and it almost always is administratively closed.  Your options are K-1 or CR-1.

[mushroomspore 3,044]

K3 is obsolete. Your only options are K1 or CR1.

 

K1 is not faster than CR1 anymore. You need to do adjustment of status with K1 and that is taking a long time these days. Your spouse will have "dead time" in which they cannot work or travel outside the US until the EAD/AP is approved.

 

With CR1, your spouse will be a permanent resident upon arrival. I suggest considering CR1.

[Crazy Cat 41,978]

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US. 

 

All-in-all, the CR-1 is superior to the K-1 imo. 

[Robert D 0]

10 minutes ago, missileman said:

Forget the K-3 .  It is obsolete, and it almost always is administratively closed.  Your options are K-1 or CR-1.

Thanks MissileMan!!

Edited August 16, 2018 by Robert D
Thanks Message

[Crazy Cat 41,978]

1 minute ago, Robert D said:

Thanks, I know almost nothing about CR Visas so will look into it- However, seems K1 would still be faster and less complicated?

The K-1 is, by far, more complicated imo......by far.....and more expensive.

Edited August 16, 2018 by missileman

[Robert D 0]

2 minutes ago, missileman said:

The K-1 is, by far, more complicated imo......by far.....and more expensive.

Thanks again, I appreciate your help- How about the marriage there in Phils; Can that all take place within about a week / 10 days or so as long as I have all my documents in order and on hand?

[Crazy Cat 41,978]

Just now, Robert D said:

Thanks again, I appreciate your help- How about the marriage there in Phils; Can that all take place within about a week / 10 days or so as long as I have all my documents in order and on hand?

I'm not an expert on PI marriages, but some experts are around..  @geowrian  @Cyberfx1024

[Robert D 0]

25 minutes ago, mushroomspore said:

K3 is obsolete. Your only options are K1 or CR1.

 

K1 is not faster than CR1 anymore. You need to do adjustment of status with K1 and that is taking a long time these days. Your spouse will have "dead time" in which they cannot work or travel outside the US until the EAD/AP is approved.

 

With CR1, your spouse will be a permanent resident upon arrival. I suggest considering CR1.

 

Edited August 16, 2018 by Robert D

[mushroomspore 3,044]

4 minutes ago, Robert D said:

Thanks- Is this timeline for K1 or CR1?

Are you talking about MY timeline? It is for neither. 

Edited August 16, 2018 by mushroomspore

[Robert D 0]

11 minutes ago, missileman said:

I'm not an expert on PI marriages, but some experts are around..  @geowrian  @Cyberfx1024

Just now, Robert D said:

Is this timeline " This will not be Fun.  This will not be Fast...... " from your CR-1 filing?

 

[Robert D 0]

4 minutes ago, mushroomspore said:

Are you talking about MY timeline? It is for neither. 

OK Thanks

[Robert D 0]

I would want to file whichever gets her to USA faster regardless of the fees (unless we're talking about a huge difference!); She will not need to work right away after her arrival nor would she be traveling yet so adjustment times, etc. would not be of too much concern.

I filed a K-1 many years ago and she was approved within about 7 months with no hassle or delays whatsoever...

[mushroomspore 3,044]

7 minutes ago, Robert D said:

I would want to file whichever gets her to USA faster regardless of the fees (unless we're talking about a huge difference!); She will not need to work right away after her arrival nor would she be traveling yet so adjustment times, etc. would not be of too much concern.

I filed a K-1 many years ago and she was approved within about 7 months with no hassle or delays whatsoever...

Operative phrase there being "many years ago". Processing times for every visa, every application category has lengthened. Number of applications across the board have also ballooned.

 

I don't know about the fee difference between K1 and CR1, so you'll have to research that yourself. Ultimately, it's up to you guys because only you guys know your life circumstances and what will work and what won't.

[Crazy Cat 41,978]

8 minutes ago, Robert D said:

I would want to file whichever gets her to USA faster regardless of the fees (unless we're talking about a huge difference!); She will not need to work right away after her arrival nor would she be traveling yet so adjustment times, etc. would not be of too much concern.

I filed a K-1 many years ago and she was approved within about 7 months with no hassle or delays whatsoever...

On average, as reported by other VJ members, K-1 visa are currently taking roughly 282 days from notification of receipt to interview.

 

On average, as reported by other VJ members, CR-1 visas are currently taking roughly 393 days from notification of receipt to interview.

 

CR-1 spouses receive their Green Card withing 2 or 3 weeks after entry into the US.  K-1 spouse receive their GCs more than a year after entry....