K-3 Info

[ecr844]

Hello Everyone,


   I will ask that you please pardon my ignorance when I ask this but does anyone here have an updated info or sources which are factually accurate on the K-3 process and exactly when you are able to do what? I have been trying to do this research on my own but I am finding that I am being flooded with contradictory information from various anecdotal experiences, message boards, the Dept of State, USCIS, etc.... For example; if I am reading this correctly I might depending on where my fiancee is located be able to file 4 different visa applications simultaneously ( I130, I129, IR1/CR1, DCF)

In short I am trying to make sense of this mess and what to expect if I choose to go this route?

Thanks,
ACE844

[William3rd]

what is it you are trying to do?

The first thing you need to do would be to get married overseas.
THen file an I130. Then file a K3. However, lately the processing for 130 and K3 have been pretty close so I have been letting most cases go with just the I130 petition.

However, as I say that, I have never been a big fan of marriage abroad unless you have had substantial time together first.

K1 is a better vehicle in my opinion.

[Sohkay]

ecr,
One thing you can expect with a K-3 is a longer wait.

http://www.visajourney.com/timeline/stats.php

Why the K-3 instead of theK-1?

[ecr844]

what is it you are trying to do?

The first thing you need to do would be to get married overseas.
THen file an I130. Then file a K3. However, lately the processing for 130 and K3 have been pretty close so I have been letting most cases go with just the I130 petition.

However, as I say that, I have never been a big fan of marriage abroad unless you have had substantial time together first.

K1 is a better vehicle in my opinion.

I'm looking at my options, and getting all of the mostr uptodate info on the process so that I can discuss what to expect and make the choice together about what will be best for us. We have been considering doing a K3. I have been doing some research and reading all I can find on this. As I mentioned above, according to the link provided you could potentially apply for 3=-4 of the options simultaneously and taake which ever is quicker.

Then in reading some of the forum posts some people have mentioned anecdotally that they have been able to recieve a quick temp visa after marriage and the spouce needs to only return to the native country for the interview, etc... when it comes. I guess I have been reading a huge volume of sometimes conflicting info., and I'm trying to figure out what the correct path and expectations are for this particular choice.

ECR844

[ecr844]

ecr,
One thing you can expect with a K-3 is a longer wait.

http://www.visajourney.com/timeline/stats.php

Why the K-3 instead of theK-1?

I'm not sure if I am reading this correctly, but it appears the K-3 is slightly quicker

Beneficiary's Country / Visa Type / Total Records Num of Pending Applications/ Num with Final Visa/ Approval Avg. Days between Consulate Receiving Information from NVC

Russia  K1  85  38  47  60
Russia  K3  8  6  2  54

  K1 Visa K3 Visa IR1/CR1 Visa Show All AOS Section EAD Section AP Section Lifting Conditions Section Citizenship Section POE Information K1 and K3 Stats IR1 and CR1 Stats AOS Stats EAD Stats AP Stats POE Stats


K Visa Timelines Statistics
The Statistics Below reflect applications filed within the last 360 days.
Select the History Period: [ ALL Time ] [ Last Year ] [ Last 6 months ] [ Last 3 months ]

Overall Statistics by Visa Type (for the last 360 days)

Visa Type / Total Records Avg. / Total Days to Interview Avg. Days to I-129f / 1st NOA Avg. Days btw 1st I-129F NOA
and 2nd I-129F NOA / Avg. Days between I-129F NOA2 and Consulate Receiving (NVC Processing Phase) / Avg. Days between Consulate Receiving Information from NVC and Actual Interview

 
K1  1493  206  10  83  26  81 
K3  272  188  9  80  23  68 

One of the many reasons I am considering this is I don't want to deprive my RW or her family of being able to experience their daughters wedding day. Other positives seem to be that no dealing with the AP bureacracy, for travel, etc...
ECR844

[Sohkay]

I stand corrected...there is not a big difference in the times.

The family reason sounds like the best reason for the K-3.

I'll send you a PM with more info.

[William3rd]

How much face time have you had with your fiancee? I think that should be a major factor in your decision making.

In marriage abroad cases, she either enters as an immigrant and gains status at the initial port of entry or comes in as a k3 and can adjust status on the approval of the initial 130 or on a refile as part of an adjustment of status package.

There is no return home for an interview under the scenarios that I am outlining. You can adjust here after her arrival on a K3 or have her enter as an immigrant.

I still think you need to look harder at the K1-up to 90 days to be living together 24/7- before she either is married to you or leaves.

[ecr844]

How much face time have you had with your fiancee? I think that should be a major factor in your decision making.

In marriage abroad cases, she either enters as an immigrant and gains status at the initial port of entry or comes in as a k3 and can adjust status on the approval of the initial 130 or on a refile as part of an adjustment of status package.

There is no return home for an interview under the scenarios that I am outlining. You can adjust here after her arrival on a K3 or have her enter as an immigrant.

I still think you need to look harder at the K1-up to 90 days to be living together 24/7- before she either is married to you or leaves.

"William,"

Thanks for the info and advice. I guess one of the primary reasons for this post is to try to become abit more educated about this as I approach and consider the future. In short I really don't know alot about this stuff. If your dying, I'm your guy, the vagaries of USCIS bureaucracy and immigration grey area, not so much. One of the things I like here at RWD is that there are a number of people who are hinest and experienced about these things and with this journey. I guess I'm looking at all of my options and trying to learn from others experiences and recommendations then I can make a valid educated decision based on my situation. I guess at the end of the day there is no easy short answer. I guess I may need to consider sitting down with an expert and outlay some capital and get the staright scoop based on my situation and what my RW and I decide on how to proceed.

Any and all info and or insight into this is appreciated. Thanks for the responses thus far,
ECR844

[SANDRO43]

If your dying, I'm your guy

Do you make many friends with that line ?

[ecr844]

Do you make many friends with that line ?

Nah, mostly I just get blank stares...a chuckle or two. The real caveat is are getting my pulse rate and adrenaline level high enough to make  me excited and motivated enough to act  on your behalf:o   LOL!

[catzenmouse]

ecr,

 You could always go with the K1 and on your first trip back together have a wedding with her family (and the party along with it) which would cover all the bases so to speak.

 Just a thought.

Ken

[BC]

If you aren't 100% committed to marriage, neither K1, K3 or I-130 should be considered.

If I were the Fed, I'd abolish K1 and make you think long and hard before jumping..

The added benefit would probably be less government workload and faster processing times for the serious folks.

Just an IMHO rant.

[philb]

My wife and I got married in Kiev a little over a year ago.  We went the DCF route.  It is my understanding that this is no longer an option except in limited circumstances when the US citizen has been living in a foreign country for an extended period of time.

I know that it was very important to my wife that her family be present at her wedding.  A ceremony was performed in the Orthodox Church and a couple of days later a civil ceremony at ZAGS.  The Orthodox ceremony has no official status in Russia or Ukraine.

Even though I am personally glad that we got married in Kiev, I will echo what William said.  This route should not even be considered unless you are willing to make multiple trips to get to know her first.

I made 6 trips to Kiev over about about 18 months  prior to our wedding.  These trips averaged about 3 weeks each.  In addition, Alla came to the US on a tourist visa in 2005 and spent four weeks in  my home town, met my family, etc..  

[Joe777]

Green card question:
If she comes to the US on K1 visa, will she get her green card faster?

How many years she must wait to get her green card on K1 visa vs K3 visa?
K3 must be faster

What are other advantages of K3 over K1?

[ScottinCrimea]

My wife had her green card within 2 weeks of arriving.  Since we haven't been married 2 years, it's a two year conditional card and we have to apply for removal of conditions at that time.  My understanding is that adjustment of status after a k-1 and marriage takes much longer.

[shooter]

I K3'd it over there.  Wish I K1'd it.  She got here and was a b_ _ _ _.  My mistake.  If you got the dough, I'd use an attorney.  Less stress.  It was nice for her family and friends, though.
best wishes

[William3rd]

The answer to all of this is- It DEPENDS. Lots of factors. And changes almost monly based on processing times, backlogs, the consulate involved.

Comparisons of the two processes mean nothing. a month here or there or mor or less mean absolutely nothing.

Sounds almost like you are out shopping for a puppy or something. Will it be here before Xmas?

The answers to all of these questions are in the threads, rookies. Go do some research and you will have a pretty good idea.

[jb]

Green card question:
If she comes to the US on K1 visa, will she get her green card faster?

How many years she must wait to get her green card on K1 visa vs K3 visa?
K3 must be faster

What are other advantages of K3 over K3

Green Cards come after the processing the I-130, AOS, it is not based on K-1 or K-3 visa status.

Much depends on timing.  You might get the "Conditional" green card faster with the K-1, but would probably get the "Permanent" green card months sooner because the I-130 would have been in the works longer.  Having the Conditional GC doesn't count for citizenship,,, if that's the goal.

What's your plan?

[William3rd]

This stuff is covered almost monthly here. As JB said. . .  What is your plan?