k1 versus k3.....

[avillalobos 0]

I am a US citizen and my fiance is a French citizen (born in Morocco). We would like to be married in January of 2008 in the US. He currently resides in France and has a valid passport. We plan to reside in Arizona once we are married, although, he will return to France for a few months after our marriage to tie up loose ends. My question is for the purpose of immigration should we file a K1 and then wait for it to be approved before we marry or can we marry in January and then apply for a K3 visa?

Regards,

Anjie

[Ladylethal 12]

If your wedding NEEDS to be in January I'd get married first and apply for a K3, 'cus it's VERY doubtful you'll have the visa in your hands by January, since the timelines for a K1 are more like 6 months from filing to the interview.

Going the K1 route would mean waiting that time before you can get married in US. If you marry first you can get married anywhere, then he'd have to fly back home at least for the interview to receive his K3.

You'd need to balance out your plans and read the guides to decide what's the best route for you.

[YuAndDan 153]

K-1 is travel to USA and marriage, K-3 is marriage in foreign country and apply for visa then come to USA.

K-1 dose not allow for immediate travel to foreign country after marriage, you need to apply for AOS and AP, and then can travel out of the country when AP is approved, and you have AP document in hand, up to 90 days after filing.

CR-1 is a very good alternative to K-3 in many cases, CR-1 takes slightly longer and is much less expensive than K-1 and K-3 (NO $1010 Adjustment of status)

Compare peoples Timelines for CR-1 verses K-3 for France.

CR-1 is filing I-130 WITHOUT filing I-129F for K-3

[DakotaK1 1]

I am a US citizen and my fiance is a French citizen (born in Morocco). We would like to be married in January of 2008 in the US. He currently resides in France and has a valid passport. We plan to reside in Arizona once we are married, although, he will return to France for a few months after our marriage to tie up loose ends. My question is for the purpose of immigration should we file a K1 and then wait for it to be approved before we marry or can we marry in January and then apply for a K3 visa?

Regards,

Anjie

The K1 Visa will most likly not be issued by January. You can do the K3 if you want to,just remember that this will take longer than the K1 to get processed.

[Fandango 1,440]

You will never be approved for a K-1 by Jan so K-3/CR-1 is your best bet!

The K-1 is not a 'probably won't come in time'...it's an 'absolutely will never happen and pigs will fly out of my backside before that happens'

Edited October 25, 2007 by LisaD

[pushbrk 14,514]

K-1 is travel to USA and marriage, K-3 is marriage in foreign country and apply for visa then come to USA.

K-1 dose not allow for immediate travel to foreign country after marriage, you need to apply for AOS and AP, and then can travel out of the country when AP is approved, and you have AP document in hand, up to 90 days after filing.

CR-1 is a very good alternative to K-3 in many cases, CR-1 takes slightly longer and is much less expensive than K-1 and K-3 (NO $1010 Adjustment of status)

Compare peoples Timelines for CR-1 verses K-3 for France.

CR-1 is filing I-130 WITHOUT filing I-129F for K-3

One small correction. K3 does not require marriage abroad. If this couple wants to marry in the US in January and then file a petition or petitions for a CR1 or K3 visa, that is perfectly acceptable.

However, I would caution against the French citizen mentioning the purpose of their visit is marriage. Details aren't required. It's a pleasure trip from which they will return to France. If the CBP officer suspects immigrant intent after hearing "marriage" the foreigner may be turned away at the point of entry. Handled properly, this can be avoided.

[Ladylethal 12]

I was gonna correct Dan on that as well. K3 is marriage anywhere prior to filing.

[avillalobos 0]

Thank you....I appreciate all the great advice....keep it coming!!! Can anyone tell me more about the CR1.....I am unfamiliar with this option ...this is all very new to me.

[pushbrk 14,514]

Thank you....I appreciate all the great advice....keep it coming!!! Can anyone tell me more about the CR1.....I am unfamiliar with this option ...this is all very new to me.

"Guides" and "FAQ's" are really good places to learn about the different visa options and it saves us typing it all again, just for you.

Afterwards, please ask any remaining questions and don't be embarassed if there are several.

[YuAndDan 153]

Thank you....I appreciate all the great advice....keep it coming!!! Can anyone tell me more about the CR1.....I am unfamiliar with this option ...this is all very new to me.

CR-1 is an IMMIGRANT visa it results in Green-Card issued upon entry on the visa.

K-3 is a NON-Immigrant visa that was originally intended to re-join couples waiting for their CR-1/IR-1 visa interview when CR-1/IR-1 were taking a very long time to complete when compared to the K-1. This is not as much of the case anymore, CR-1 for most countries takes a month or so longer than K-3.

Since last year USCIS and DOS have changed how they handle K-3, when they see a K-3 being processed they have been holding the CR-1 case at USCIS assuming the couple will adjust status from the K-3 in the states rather than pursue the CR-1.

AOS form K-3 went from $395 to $1010 this past July, so the decision is now do CR-1 and wait a little longer or do K-3 and pay big $$$ just for the shorter time apart.

CR-1 = I-130

K-3 = I-130 and I-129F

Guides: http://www.visajourney.com/forums/index.ph...mp;page=compare

[Ladylethal 12]

$1010 for the K3 as well? Same as AOS? Wow! And how much does K1 costs these days?

[YuAndDan 153]

$1010 for the K3 as well? Same as AOS? Wow! And how much does K1 costs these days?

Same $1010 is to adjust status from a K-1 or K-3 visa.