K1 vs K3 ?
 

Hello All,

My question is about choosing one visa over another. The lady I will marry is in the USA and I am in the UK.

I have read about K1 applications (and seen the costs involved) and have little faith in them.

We are ready to get married and would if we could. It seems however that the act of marriage isn't always the best solution.
Some people argue that it's best to file a K1 and then wait to marry.

I personally would prefer to marry in Europe or America and then file a K3. My girlfriend argues that this comes with many extra problems and more money spent.

Has anyone here heard about any factual advantages of a K1 over a K3?

Thanks !

Re: K1 vs K3 ?
 

K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.
You should read the rest of the following website to understand how the K-3 visa works:

https://www.uscis.gov/family/family-...mmigrant-visas

Basically you wait for your visa to be issued no matter what.....

Re: K1 vs K3 ?
 

Welcome to BE! Read up on the CR-1 -- the K-3 is an outdated visa, little used these days. Most folks prefer the CR-1 (spouse visa) over the K-1 (fiance visa) as at the end of the process they are in a position to start work the day they arrive in the US after all the paperwork is processed.

Re: K1 vs K3 ?
 

oh thanks ! I see there is still a "petition" to file which requires money in the bank.
It does indeed seem a lot better.

Re: K1 vs K3 ?
 

I think they issued 4 K3's last year. With current timelines you are more likely to get an Ir1, has the advantage of not having to remove conditions.

Re: K1 vs K3 ?
 

Correct. For the spouse immigrant visa (CR-1), the first step is to get married, then the USC files an I-130 petition. That is the first of a long line of forms and fees to be paid.

Rene

Re: K1 vs K3 ?
 

No visa is cost free. And yes, money in the bank is needed, if the petitioner doesn't have employment which allows them to earn enough to complete the I-864 Affidavit of Support.

Re: K1 vs K3 ?
 

Thanks All.
In our case my fiance doesn;t have lots of money because she was studying until now.
She had a previous career, stopped that and went back to college.
She is now working as an intern and hopes to be employed soon.
I work for myself and have MA-level education.

In the 129 F form there was a thing that worried us, that was her DUIs when she was 15 years younger.
We wonder if it could be a problem for us.

In any case, I'm all for getting married first and doing the paperwork after.

If I understand , we must proceed as follows;

1. get married
2. File a F-I 130 form
3. If that gets the green light apply for a CR1 ?

Re: K1 vs K3 ?
 

1. Right
2. Form I-130
3. Right, although there are more steps involved.

If your wife doesn't meet the financial requirements, and if your income won't continue from the same source once inside the USA, then a joint sponsor can be used.

i don't know if he multiple DUIs would cause any problems. My gut feeling is no, but I'm not a lawyer.

Do you have any criminal history?

Rene

Re: K1 vs K3 ?
 

Unless I'm misreading your initial post, your fiancee is the USC. As a citizen, her DUI's won't come into play. If you, the UKC, had them, then yes, that could be an issue.

Re: K1 vs K3 ?
 

Hello and thanks

My criminal record is as clean as a whistle.
The only thing that ever happened was I got caught 23 years ago slightly over the limit and had my car keys confiscated overnight.
I have a clean criminal record from the official police department.(I need to, for my job)

Yes my income would continue from the same sources once in the US. Until I am finally settled that is.
I work online so it doesn;t matter where I am !

Re: K1 vs K3 ?
 

Tbere are couple of issues you mentioned that will need to be addressed.

Re: K1 vs K3 ?
 

In this case, you will definitely want to do the CR-1 spouse visa, as that will allow you to work in the USA from Day 1.

You will need to prove your personal income (as opposed to the total business income), and prove the income will continue from the same source once inside the USA. But that step comes after the I-130 gets approved, so you're a long ways from that yet.

Rene

Re: K1 vs K3 ?
 

It WILL matter to the US IRS. You will be expected to pay your taxes to the US Government. While you say your income source will continue from the UK, does this mean you will continue to be on UK payroll and paying UK taxes?
Most people who mention that their income will continue mean that they will transfer their current job to the US and be paid in the US.

Re: K1 vs K3 ?
 

Believe Nutmegger doesn't take her pay in the US but rather from its source, i.e. UK and she has had no issues. Filing a tax return does not mean you are paying taxes.