immigrant visa or k3 which is faster?

[d_1982]

hey can some one tell me about marrying some one overseas, if the K3 process is more faster than immigrant visa i know K1 is more faster but not intrested in that one. so tell me which is more faster immigrant visa/k3 in months? and which requires more paperwork? and which is more faster to obtain a green card?

 

[r00724]

^I would suggest to dig some informational threads on the forum and you will find your answer. In a nutshell, your spouse (to be) cannot file a K-1 visa since you will get married outside of USA.

In your case you will have to file immigration petition for your spouse and once you get the NOA (receipt from USCIS that your applicaion is received) you can file for K-3 visa.

 

[elcupacabras]

K-

Well the K3 is a faster visa to physically receive (and therefore means quicker entry into the US) by a few months...so if getting your spouse here as quick as possible, then this is the route to go. However, there is a lot of paper work and cost involved in this visa. You first off have to pay for the petition for the visa, the visa itself at the embassy, and then when your spouse arrives to the USA, the filing of AOS (AOS is currently at $1010). AOS is a pain in the bum...it involves a lot of paperwork and a lot of waiting. After filing AOS, you can also file for a work permit to use while waiting for the greencard. The work permit takes about 3 months to receive after filing, and then the greencard takes approx 8 months after filing (therefore a very long route to greencard).

The immigrant visa however, while it may take approx 2 months longer, once the spouse has the visa in hand and enters the US, they become an immediate permanent resident. There is no AOS paperwork, no extra fees!!! Instead, the spouse just relaxes in their new American home and waits for the greencard to arrive in the mail (Im not sure exactly how long it takes to be delivered...but that does not take away the permanent resident status just because they dont have it in hand).

 

[d_1982]

oh i get it thank you for this key info and another thing u said as K3 takes alot of paper work, does the immigrant visa takes the same ammount of work? i mean same application/same fees as the K3 have? and what if husband files it for his wife for immigrant visa while the process taking place or before the interview if they got divorced or after the interview does that hurts the case for his wife?

 

[elcupacabras]

The initial paperwork load for the actual visas I would say are very similar.....obviously you would be filling out different forms, but I would say that the evidence you need to gather and the actual time it takes to assemble all the documents is similar. HOWEVER, as I said in my previous post, the big difference is the AOS paperwork. This is a lot of work...with the K3 this needs to be completed once the spouse has entered the US. If the spouse enters with an immigrant visa, then AOS does not need to be filed, therefore eliminating this paperwork all together.

As for the cost, I believe the actual immigrant visa is initially more costly than the K3...HOWEVER, the K3 holder will then have to pay $1010 to process AOS.....this fee alone is more expensive than the immigrant visa (Im not sure of the exact cost of the 2 visas), therefore in total, the K3 visa works out significantly more expensive.

Im having trouble understanding what you are asking in your last sentence.....are you asking if they get divorced before the interview what would happen to the wife?? If so, then if divorce happens before the interview then the visa petition is voided as the visa is for a spouse and therefore they both must be married....if one is divorced then one can no longer proceed with a spousal visa application.
If they divorce after the interview and the non us citizen is now in the states, then if they entered on an immigrant visa, the non us citizen can apply to have the conditions removed from their greencard 2 years later providing they can prove that the marriage was entered into in good faith (ie, not a marriage carried out purely for immigration benefits). Please correct me if I have understood your last question wrongly.