Howard

Can anyone give me some differences with the K1 and K3 processes? What is
the K3 for if the K1 seems to be the one of choice.Can I go into the states
and work on getting one of these from within?What stops me from going into
the states and getting married there.Would I not be entitled to go through
the process from inside the country or would they force me to leave to
Canada and start the process from there?The wait is so long. There must be a
way around it.

Rete

There is no way around it. You have the intent to marry an American and apply to adjust status. You have clearly shown intent and therefore, you would be committing fraud when entering the US.

There is also no quick way to work when you enter the US either. Regardless of whether you enter with a K-1 or a K-3 you still need to have a social security card and an EAD. The K-1 has the inherent right to work for 90 days only and then you must wait for 1 to 90 days for the one year EAD. During the period between authorization you have no permission to work. And the social security card could take one week to six months to be issued.

Catch a break with immigration? No way, Jose!

K-1 is a Fiancee Visa. Your intended applies for it via form I-129F at the service center for her living jurisdiction. When approved it goes to the National Visa Center and then is forwarded to the US Consulate in either Vancouver or Montreal (depends on where in Canada you are). You get your long form birth certificate, RCMP clearance, have a medical, send back the checklist the US Consulate sends you and wait for an appointment for an interview. If approved you come to the US with permission to get married within the 90 days of the validity of the K-1. Then you will have to file for adjustment of status.

K-3 is a visa which allows MARRIED people to be together sooner than waiting out the approval of the I-130 Immediate Relative Visa. It is good for two years. The processing is virtually the same as the K-1 only you enter the US already married after having been apart for several months. You then apply for a two year EAD at the Chicago address on the I-129F and when received apply for a social security number. When you I-130 is finally approved you can file for AOS. Some district offices will allow you to file before I-130 approval but they will not act on it until the I-130 is approved at the service center.

Pick your poison.

Rete

cindyabs

Aside from the good explaination that Rete provided the next issue is which service center you go through as to which visa to pick. Do some research and you'll see what I mean. For those of us going through TSC the getting married and then doing the K3 is currently quicker than the K1.
The wait is long when you are seperated from your loved one, however thank your lucky stars you're in Canada and not in China or the Phillipines or South America or down under or the former USSR like some of the folks here........