Visa Question

[Howard]

WOW... how has it been a year since my last post???


Things are good with Gerlie, Howie and I, for those that are interested


I keep in touch with Hammy and Stephen via Facebook, other than that I am pretty much working, raising my son and loving the fact that I married my best friend


I have a pal that has corresponded with, met and now wants to marry and lady he met from Thailand


I'm wondering if anyone knows current timetables and has advice on the age old question, K-1 vs K-3?


I'm counseling him as best I can, but it has been 12-1/2 years since I submitted a visa, so I'm assuming things may have changed a bit


As always, your help is much appreciated!


Hi name is Rob and he is definitely a good dude!


I'll tell him about P-L and we'll see if he drops by for a visit


I hope all is well with everyone here!


I look forward to your replies


Keep the Faith!


H

[robert angel]

Welcome back to PL. I'd advise your friend to look into Visajourney.com. They have a lot of information on time lines and other details as well.

[Ray]

Hi Howard,

I missed you posting here.

For some of the advantages/disadvantages of the different visa choices, I wrote this a while back but I think it's still mostly current.

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K-1 vs K-3:

Similar processing times.

Similar immigration costs.

Similar red tape.

K-3 can travel overseas immediately after arriving in the States. K-1 will have to wait for maybe 6 months or more.

Similar wait for Green Card.

Shorter wait for honeymoon with K-3.

But when you apply for a K-3, you also apply for a CR-1, which has more advantages:

K3 vs CR1

To get a visa for your spouse, you need to submit Form I-130. After processing she will receive a CR-1 (or SR-1) immigrant visa.

The K-3 is optional but free to file. If you file for a K-3, you still file the I-130 first, then submit a Form I-129F for the K-3. After processing, she will receive a K-3 non-immigrant visa (unless the CR-1 gets processed first).

The big advantage of the K-3 was a shorter wait time before she could travel here, typically 6-9 months vs 9-12 months for the CR-1 immigrant visa. With recent changes in processing procedures, the time advantage is not always in play. Applying for a K-3 doesn’t necessarily stop the CR-1 processing. If the CR-1 is approved first, the K-3 is dead.

The visa processing overseas is almost identical for K-3 vs CR-1.

The CR-1 requires a little bit more paperwork up front but less paperwork overall.

With the CR-1, she arrives as a legal resident and her Green Card and SS card are mailed to her automatically. With the K-3, she has to (a) apply for adjustment of status after arrival or (b) wait for the I-130 processing and return home to get a CR-1 visa. Most all recipients of the K-3 choose to stay here and adjust status.

With the CR-1, since she has an interim Green Card on arrival at the airport, she can work right away as soon as she has her SS Number (2 weeks?). With a K-3, she must first apply for a work permit (60-90 days) or wait for her adjustment of status (6mos – 1 year?) before she can work.

Depending on your state of residence, it may also be faster to get a driver’s license with a CR-1.

With a CR-1, she can apply for naturalization a little before she has been here for 3 years. With the K-3, she will have to wait for her adjustment of status first, then count 3 years before applying.

If she has children coming with her, it gets a little more complicated but the advantages/disadvantages are basically the same.

If you have previously filed for numerous K-1 fiancée petitions, have a criminal background, or beat up your previous wife, you may want to go for the CR-1 so you can skip the IMBRA requirements.

Personally, all things considered, I would probably choose to skip the K-3 and wait a few more months for the CR-1 if it comes down to that.
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Also, there are some flow charts on the forum that may be helpful... http://www.planet-love.com/index.php?action=ezportal;sa=page;p=27

And more info in the Immigration and Visas Forum


Ray