Is the K3 a better option?

[Lady Amorika 0]

So, back in the fall, my fiance and I submitted for a K1, but my plans here in Canada changed (I wanted to do my MA). Now, the plan is to move next summer, so we are preparing to refile. With the news about fees, etc, we are wondering if a K3 might be a better option.

Some info:

I'm Canadian, he's American.

I'm a student, using student loans and living alone.

He works and makes okay money, not great, but livable and above the standards for sponsoring me.

We are planning a big wedding already, but plan a legal wedding as soon as I moved there under the K1. So, a legal marriage would not be hard to plan or really change our plans.

I'm covered under a student health plan, so there is no worries about losing my parent's coverage.

I hope to move sometime in the month of June, 2008.

We'd be filing through Vermont, then Montreal.

Things I'm worried about: Will the K3 be significantly cheaper? Will it impact his tax returns, my student loan options, etc., too greatly to make it more cost effective? Would this make it "okay" for him to be helping me out financially (as he occasionally does)? Is the K3 more complicated? Would it be hard to do with just a legal (courthouse) wedding, and no rings (we'd like to save the rings for the big ceremony, but are willing to sway on that)? Should the wedding happen here or there for greater ease?

Thanks guys, immigration makes my brain hurt!

Jess

[vikasp 0]

Wait, you filed a K1 last fall and it's not approved yet??

[Lady Amorika 0]

Wait, you filed a K1 last fall and it's not approved yet??

No, we put it on hold. With the "6 month to use the visa" thing, and I'm currently not going to be done my MA until next spring, so it didn't make sense to keep going with it.

[pushbrk 12,233]

So, back in the fall, my fiance and I submitted for a K1, but my plans here in Canada changed (I wanted to do my MA). Now, the plan is to move next summer, so we are preparing to refile. With the news about fees, etc, we are wondering if a K3 might be a better option.

Some info:

I'm Canadian, he's American.

I'm a student, using student loans and living alone.

He works and makes okay money, not great, but livable and above the standards for sponsoring me.

We are planning a big wedding already, but plan a legal wedding as soon as I moved there under the K1. So, a legal marriage would not be hard to plan or really change our plans.

I'm covered under a student health plan, so there is no worries about losing my parent's coverage.

I hope to move sometime in the month of June, 2008.

We'd be filing through Vermont, then Montreal.

Things I'm worried about: Will the K3 be significantly cheaper? Will it impact his tax returns, my student loan options, etc., too greatly to make it more cost effective? Would this make it "okay" for him to be helping me out financially (as he occasionally does)? Is the K3 more complicated? Would it be hard to do with just a legal (courthouse) wedding, and no rings (we'd like to save the rings for the big ceremony, but are willing to sway on that)? Should the wedding happen here or there for greater ease?

Thanks guys, immigration makes my brain hurt!

Jess

The K3 is the most expensive route overall but not significantly more expensive than the K1. The decision between the two tends to be more about the timing of marriage than the difference in expense. In your case the advantage of the K3 is that you have two years to use it and can come and go as you please during those two years. So, there is no need to delay filing petitions except that you must marry first.

No, there is no negative impact on his tax returns, but you'll want to check into its impact on your student loans very carefully. It's similarly ok to help you out financially regardless of the path you choose. This need not be disclosed anyway. Rings and ceremonies are irrelevant. The when and where of your marriage might as well be as you choose for your preference, and convenience or any family considerations. It may actually be simpler and easier to get married in the US.

[ApprovalPlease 0]

If you already got a K1 why bother with all the paper work of filing k3 again. You said you live in Canada, just drop into US, have a quick marriage cermony and apply for adjustment of status, you can go back to your school, while that is going on. If you want you can always have a nice marriage cermony after getting done with your school...

good luck

[Urge To Race 2]

So, back in the fall, my fiance and I submitted for a K1, but my plans here in Canada changed (I wanted to do my MA). Now, the plan is to move next summer, so we are preparing to refile. With the news about fees, etc, we are wondering if a K3 might be a better option.

Some info:

I'm Canadian, he's American.

I'm a student, using student loans and living alone.

He works and makes okay money, not great, but livable and above the standards for sponsoring me.

We are planning a big wedding already, but plan a legal wedding as soon as I moved there under the K1. So, a legal marriage would not be hard to plan or really change our plans.

I'm covered under a student health plan, so there is no worries about losing my parent's coverage.

I hope to move sometime in the month of June, 2008.

We'd be filing through Vermont, then Montreal.

Things I'm worried about: Will the K3 be significantly cheaper? Will it impact his tax returns, my student loan options, etc., too greatly to make it more cost effective? Would this make it "okay" for him to be helping me out financially (as he occasionally does)? Is the K3 more complicated? Would it be hard to do with just a legal (courthouse) wedding, and no rings (we'd like to save the rings for the big ceremony, but are willing to sway on that)? Should the wedding happen here or there for greater ease?

Thanks guys, immigration makes my brain hurt!

Jess

Hi Jess,

For the K3, you need a legal and bona fide marriage. Rings are not required necessarily for a wedding, so you don't have to exchange them. Valid marriages happen all the time without them in different cultures, and they still get K3s or CR-1s.

Since I am assuming you are a student in Canada from your posts, marrying you will have no impact on his tax situation for now. The question is how much time do you spend in the US? If it is not enough to meet the IRS requirements that you must file a tax return as a resident for tax purposes, he will not be able to file a joint return with you. If you spend enough time in the US, then you will have to get a tax id from the IRS and he can file a joint return and thus save tax payments or increase his refund which ever the case may be (since you are not working now).

The IRS substantial presence test is:

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

* All the days you were present in the current year, and

* 1/3 of the days you were present in the first year before the current year, and

* 1/6 of the days you were present in the second year before the current year.

Of course if you were a foreign student in the US, there is an exception that would let you be considered a non-resident for tax purposes. You use this if you were making a nice income and wanted to avoid paying US taxes as a resident on it which would end up increasing your and your fiance/husbands tax burden.

Lastly, if you move before the end of any year, even if you don't meet the substantial presence test, you can opt to be treated as a US resident for tax purposes. You would again only do this if you are not earning income in the US or earned very little; this may lessen your and your husbands tax burden for that year. If you make a nice chunk of change you first partial year here and don't meet the test above and can claim not to be a US resident for tax purpose, you would do that to avoid unnecessarily increasing your tax burden.

I will leave the financial analysis about K3 vs. K1 fees and such to others who have spent more time on that topic. Lastly, I wanted to note, a K1 through Vermont may be quicker than the K3. If you file now, you should be ok with the K3 by June '08 anyhow, but if speed in processing is a concern, consider sticking with the K1.

Best of luck

[Lady Amorika 0]

If you already got a K1 why bother with all the paper work of filing k3 again. You said you live in Canada, just drop into US, have a quick marriage cermony and apply for adjustment of status, you can go back to your school, while that is going on. If you want you can always have a nice marriage cermony after getting done with your school...

good luck

The problem with this is the advance parole thing -- I am in school full time and can't manage to take that much time off. And, I don't have a K1, it was put on hold because I opted into an MA program.

[Lady Amorika 0]

So, back in the fall, my fiance and I submitted for a K1, but my plans here in Canada changed (I wanted to do my MA). Now, the plan is to move next summer, so we are preparing to refile. With the news about fees, etc, we are wondering if a K3 might be a better option.

Some info:

I'm Canadian, he's American.

I'm a student, using student loans and living alone.

He works and makes okay money, not great, but livable and above the standards for sponsoring me.

We are planning a big wedding already, but plan a legal wedding as soon as I moved there under the K1. So, a legal marriage would not be hard to plan or really change our plans.

I'm covered under a student health plan, so there is no worries about losing my parent's coverage.

I hope to move sometime in the month of June, 2008.

We'd be filing through Vermont, then Montreal.

Things I'm worried about: Will the K3 be significantly cheaper? Will it impact his tax returns, my student loan options, etc., too greatly to make it more cost effective? Would this make it "okay" for him to be helping me out financially (as he occasionally does)? Is the K3 more complicated? Would it be hard to do with just a legal (courthouse) wedding, and no rings (we'd like to save the rings for the big ceremony, but are willing to sway on that)? Should the wedding happen here or there for greater ease?

Thanks guys, immigration makes my brain hurt!

Jess

Hi Jess,

For the K3, you need a legal and bona fide marriage. Rings are not required necessarily for a wedding, so you don't have to exchange them. Valid marriages happen all the time without them in different cultures, and they still get K3s or CR-1s.

Since I am assuming you are a student in Canada from your posts, marrying you will have no impact on his tax situation for now. The question is how much time do you spend in the US? If it is not enough to meet the IRS requirements that you must file a tax return as a resident for tax purposes, he will not be able to file a joint return with you. If you spend enough time in the US, then you will have to get a tax id from the IRS and he can file a joint return and thus save tax payments or increase his refund which ever the case may be (since you are not working now).

The IRS substantial presence test is:

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

* All the days you were present in the current year, and

* 1/3 of the days you were present in the first year before the current year, and

* 1/6 of the days you were present in the second year before the current year.

Of course if you were a foreign student in the US, there is an exception that would let you be considered a non-resident for tax purposes. You use this if you were making a nice income and wanted to avoid paying US taxes as a resident on it which would end up increasing your and your fiance/husbands tax burden.

Lastly, if you move before the end of any year, even if you don't meet the substantial presence test, you can opt to be treated as a US resident for tax purposes. You would again only do this if you are not earning income in the US or earned very little; this may lessen your and your husbands tax burden for that year. If you make a nice chunk of change you first partial year here and don't meet the test above and can claim not to be a US resident for tax purpose, you would do that to avoid unnecessarily increasing your tax burden.

I will leave the financial analysis about K3 vs. K1 fees and such to others who have spent more time on that topic. Lastly, I wanted to note, a K1 through Vermont may be quicker than the K3. If you file now, you should be ok with the K3 by June '08 anyhow, but if speed in processing is a concern, consider sticking with the K1.

Best of luck

I think I might meet the IRS substantial presence test, at least for this year, but I'm not sure about the 3-year period since he was living here in Canada before.

Speed isn't an issue, as long as I can be legal move in about a year (by July 1st, 2008), and the ability to come and go for 2 years is really really appealing.

[pushbrk 12,233]

and the ability to come and go for 2 years is really really appealing.

I should mention that at some time during that two years, you need to adjust your status to permanent resident.

[Lady Amorika 0]

and the ability to come and go for 2 years is really really appealing.

I should mention that at some time during that two years, you need to adjust your status to permanent resident.

Oh yes, I know, but thanks for the reminder. I know this is selfish of me, but I want to move in June 08, and a close friend is getting married here in Canada in July 08, so I'd love to be able to come back for the wedding. I know that isn't the best way to plan immigration, but it's something swaying me for the K3.

[MargotDarko 0]

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Edited June 12, 2007 by MargotDarko

[pushbrk 12,233]

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

I agree that based on their priorities and timeline, this is a better and cheaper option. The I-130 gets filed anyway. If there's no hurry, then there's no need for the K3/I-129F. The hurry would be to get married but they plan to do that anyway.

[Lady Amorika 0]

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Where can I find more info on the CR1? And I won't be able to visit him in the US between now and then, right? But he shouldn't have any trouble coming here? I'm concerned about the current timelines with it though, since it seems like a much longer wait and Montreal is very very backed up for interviews. I know I'm being pesky, I just want to try to make the best decision for us.

[pushbrk 12,233]

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Where can I find more info on the CR1? And I won't be able to visit him in the US between now and then, right? But he shouldn't have any trouble coming here? I'm concerned about the current timelines with it though, since it seems like a much longer wait and Montreal is very very backed up for interviews. I know I'm being pesky, I just want to try to make the best decision for us.

Try clicking on the word, "Guides" at the top of the page.

Most Canadians are successful at visiting their USC petitioners during the visa process. There are lots of threads about that. Sometimes it comes up more than once a day.

[Lady Amorika 0]

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Where can I find more info on the CR1? And I won't be able to visit him in the US between now and then, right? But he shouldn't have any trouble coming here? I'm concerned about the current timelines with it though, since it seems like a much longer wait and Montreal is very very backed up for interviews. I know I'm being pesky, I just want to try to make the best decision for us.

Try clicking on the word, "Guides" at the top of the page.

Most Canadians are successful at visiting their USC petitioners during the visa process. There are lots of threads about that. Sometimes it comes up more than once a day.

I know about the guides, since I have filed a K1 before, and I know that generally it's okay to visit, but the "compare which visa you want/need" on VJ said that generally you can't visit your USC spouse. I was just looking for confirmation on that, because my SO's cousin is getting married in October and I'm a bridesmaid, which could cause some problems if I can't go to the US.

Also, I have read here that the proper way about things is to send the I-130, then the I-129, but I have also read that some people send everything at once. Which way is best? Also, Is it true that I can start filing a K3, and then if the CR1 becomes a better option, I can switch over without any time lost? Any notes on that?