K 1 or K 3? citizenship

K

kaashi

Registered Users (C)
Hi,

I thought I was very clear regarding my situation about filing for a K1 for the potential fiance in India, after I have my citizenship interview on Feb 23. You guys have been very helpful, and I absolutely trust you guys. But today I spoke to an immigration attorney ( the wife of a friend) and she has turned everything upside down in my mind.

The attorney thinks that K1 is getting stricter since people abuse the K1 to gain access to the US and then don't go through with the marriage. Apparently there are some proof of identity papers which are a hassle (both for the guy and the girl). She advised that I should get married in India, after I become a citizen, and then file for the K3 ( I 130 ) at the embassy in Delhi, do all the paperwork over in Delhi; that the process at the Embassy in Delhi is easier than the one here in the US; that in this case, when the girl comes to the US, she gets her green card right away; that here one after the marriage one has to file the I 485, fingerprints, yada yada yada, that here it's not so easy to marry even, one has to first file the intention to marry, have a health exam and what not.

She even made it sound that my Citizenship interview won't be an easy affair either. That one has to wait for the official ceremony to get the citizenship certificate, and that ceremony only happens twice a year. Then one has to go the US Postal Office to get the Passport and only then can one file for the K1 papers....

Is this all bogus or does she have a point? From what I have read on this forum, and I absolutely believe you guys, is that the K1 is a very straightforward process. And whether one files a K1 or a K3, it takes the similar amount of time for the fiance/spouse to come here permanently, 8-10 months. Any comments would be appreciated. Thank you so much. Just trying to be clear so I can tell the girl's side honestly what we are all looking at. I would rather do the simple thing, easy on the nerves, no point being clever at this stage. A couple more months of waiting doesn't really matter when we are looking at the really long term scenario.
kaashi
 
I have heard that K3 is being obsolete now adays. If you look 5 years prior, it made sense for K3 to exist as the CP for USC spouse took a handsome amount of time, but nowadays the IR of USC gets through CP in very little time, and so there is just no reasoning behind applying for K3, if at all K3 works, its just going to get the spouse in america 2 months or a month and a half ahead of her CP. upon CP the spouse becomes an LPR right away entering america, and can get her ssn and can work, where as for K3 it takes longer time for the spouse to adjust her status, have to get an EAD (if she want to work) and adjust the status later on to LPR . adjusting the status is $1100.00 by itself, money may not be a huge factor for some people, but the additional time and paper work, for k3 spouse to become an LPR, is it really worth it for just saving a time of a month to a month and half ?
 
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Thanks for your reply. So you are saying that it's better to apply for CR1 rather than K 3? What is the time frame on the CR-1 from start to finish?

Here's the situation- it's a little unique but fairly common in the Indian context. I am sorry that the situation seems fuzzy and hypothetical but this one is very positive...Been talking to a girl for almost two months, done Skype, talked to her parents, families have met etc. Everything looks good, the families are positive, the guy and the girl are positive. Except that one hasn't met before. So I am gong this Fri to India to meet them and hoping things work out well except for the unexpected.

Supposing everything works out fine, the question is how does one play the visa angle? There may be an engagement while I am there. There is also a slight possibility of a court marriage but, ethically speaking, I can't rush anyone into it, and I kind of doubt the girl would take such a huge step in the next 5 days when one has barely even met the person for 3-4 days. She may be receptive to the marriage idea provided I am absolutely clear about the various courses of action available to us and she'd do what is best for both of us.

I come back to the US on the 18th Feb, and on the 23rd I have my Citizenship interview. What is the best course of action after I get my oath ceremony and get my citizenship certificate?

1) Do I go the K1 route if we get engaged next week? Or I could go back again in September and do a marriage and file for the CR 1 then. Or there's even a chance of her visiting here in May-June, and we may end up marrying here so we can start the CR 1 process. She would go back after a brief visit, no violating any of the immigration laws here.

2) Do I go the CR 1 route if a marriage has taken place in India next week? If a marriage takes place and we file for CR 1, would she be able to visit here on her B1/B2 visa she has currently?

I realize that one can't win everything. There's always pros and cons and give and take everywhere. One saves on time in one place, one gives up on money elsewhere, or one buy more hassle jumping through hoops, or one can't get the adjustment of status soon enough. One hires an attorney for filing these papers, or one takes one or two extra trips to India to get the job done according to the proper rituals. Can't win all the battles.

I know there is no one right/best answer. Would anyone please care to read this and be kind enough to advise what may be the best course of action under these circumstances? As the gentleman replied, there are fees to consider too. There's K1 or K3 and then the Adjustment of Status later. I am not sure how to go about with the CR-1 or what the fees are.

For the moment I am concentrating on just the meeting next week and then the citizenship interview the week after. All the rest would follow later. But it would help to know the laws inside out so I can be honest with the girl's family and then they can do whatever they think is best. Any help would be appreciated. I am almost there. Thanks so much.
kaashi
 
I am biased towards the K-1 route since that is how I moved to the US. I always advocate going that route if it is an option to the couple concerned.


kaashi said:
1) Do I go the K1 route if we get engaged next week? Or I could go back again in September and do a marriage and file for the CR 1 then. Or there's even a chance of her visiting here in May-June, and we may end up marrying here so we can start the CR 1 process. She would go back after a brief visit, no violating any of the immigration laws here.
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kaashi said:
Thanks for your reply. So you are saying that it's better to apply for CR1 rather than K 3? What is the time frame on the CR-1 from start to finish?

Here's the situation- it's a little unique but fairly common in the Indian context. I am sorry that the situation seems fuzzy and hypothetical but this one is very positive...Been talking to a girl for almost two months, done Skype, talked to her parents, families have met etc. Everything looks good, the families are positive, the guy and the girl are positive. Except that one hasn't met before. So I am gong this Fri to India to meet them and hoping things work out well except for the unexpected.

Supposing everything works out fine, the question is how does one play the visa angle? There may be an engagement while I am there. There is also a slight possibility of a court marriage but, ethically speaking, I can't rush anyone into it, and I kind of doubt the girl would take such a huge step in the next 5 days when one has barely even met the person for 3-4 days. She may be receptive to the marriage idea provided I am absolutely clear about the various courses of action available to us and she'd do what is best for both of us.

I come back to the US on the 18th Feb, and on the 23rd I have my Citizenship interview. What is the best course of action after I get my oath ceremony and get my citizenship certificate?

1) Do I go the K1 route if we get engaged next week? Or I could go back again in September and do a marriage and file for the CR 1 then. Or there's even a chance of her visiting here in May-June, and we may end up marrying here so we can start the CR 1 process. She would go back after a brief visit, no violating any of the immigration laws here.

2) Do I go the CR 1 route if a marriage has taken place in India next week? If a marriage takes place and we file for CR 1, would she be able to visit here on her B1/B2 visa she has currently?

I realize that one can't win everything. There's always pros and cons and give and take everywhere. One saves on time in one place, one gives up on money elsewhere, or one buy more hassle jumping through hoops, or one can't get the adjustment of status soon enough. One hires an attorney for filing these papers, or one takes one or two extra trips to India to get the job done according to the proper rituals. Can't win all the battles.

I know there is no one right/best answer. Would anyone please care to read this and be kind enough to advise what may be the best course of action under these circumstances? As the gentleman replied, there are fees to consider too. There's K1 or K3 and then the Adjustment of Status later. I am not sure how to go about with the CR-1 or what the fees are.

For the moment I am concentrating on just the meeting next week and then the citizenship interview the week after. All the rest would follow later. But it would help to know the laws inside out so I can be honest with the girl's family and then they can do whatever they think is best. Any help would be appreciated. I am almost there. Thanks so much.
kaashi
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If the applicant is a USC, the K1 route is the fastest. but you would need to provide proof to show that its a "real" engagement, phone bills to show that the relationship is intact. to some extend, emails and regular mails and obviously photographs. As your engagement is happening soon, make sure u have the telephone bills and other proof to show that the engagement is "real"

If you are a USC married to an alien K3 will not be a good choice though it gets the spouse a month or 2 earlier than CR1. The chances of an applicant getting a Visiting Visa if the husband is a USC is very slim, as USCIS considers CP as their preferred way over entering with a non immigrant visa and AOS later on.

Recapping, Lets say if you want to get married right now, CR1 is the best rout (after getting naturalized), if ur considering marriage after a considerable amount of time after ur naturalization then K1 after u become a USC is a good option.

As for the naturalization is considered, the national average is 5 months for the process, it depends on the state, DO, their work loads and trends. Which state and DO are u under. Have you checked out the time estimate on the USCIS website. I dont think that the swearing ceremony is like 2 times in a year anywhere in america. it has to be more often ceremonies than that. (i may be wrong). Do confirm it and look at the recent time lines of people in this forum that relate to ur state and DO. To think of it some offices have same day oaths.

good luck
 
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In thoery, the only criteria needed for K-1 issuance is that both parties have met each other once in the last two years and that both parties are free and willing to marry each other. Nothing more, nothing else. People worry about proving how much they are in love with each other, but to be honest, that is not a requirement :)


sreeleshk said:
If the applicant is a USC, the K1 route is the fastest. but you would need to provide proof to show that its a "real" engagement, phone bills to show that the relationship is intact. to some extend, emails and regular mails and obviously photographs. As your engagement is happening soon, make sure u have the telephone bills and other proof to show that the engagement is "real"
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Triple Citizen said:
In thoery, the only criteria needed for K-1 issuance is that both parties have met each other once in the last two years and that both parties are free and willing to marry each other. Nothing more, nothing else. People worry about proving how much they are in love with each other, but to be honest, that is not a requirement :)
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i seen my friends who had gathered as much as evidence as possible to show that things were not staged. phone bills and stuff like that. i dont mean u show them ur personal emails.
 
Do not get me wrong. Your previous post was on the mark. There is a difference between theory and practice. With certain US consulates, K-1s are a walk in the park. With other US consulates, the experience may be similar to the Spanish Inquisition :)

sreeleshk said:
i seen my friends who had gathered as much as evidence as possible to show that things were not staged. phone bills and stuff like that. i dont mean u show them ur personal emails.
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Triple Citizen said:
Do not get me wrong. Your previous post was on the mark. There is a difference between theory and practice. With certain US consulates, K-1s are a walk in the park. With other US consulates, the experience may be similar to the Spanish Inquisition :)
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hahahaahahaha .....Spanish Inquisition.............. good one

i guess in the consulates in India its more or less like the interrogation process, so its better that the applicant goes prepared with telephone bills, pictures of the engagement and stuff like that .
 
Correct. A US consulate in India will fall in the latter category.
My K-1 interview in Montreal way back in 2002 was a joke. Two questions and I was approved. My fiancee' was standing next to me. That probably descreased the amount of questions too!!


sreeleshk said:
i guess in the consulates in India its more or less like the interrogation process, so its better that the applicant goes prepared with telephone bills, pictures of the engagement and stuff like that .
Click to expand...
 
Triple Citizen said:
My K-1 interview in Montreal way back in 2002 was a joke. Two questions and I was approved.
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Same with my 2008 interview in London.
Interviewing officer: "Ok, so how did you meet?
Me: 'brief/amusing explanation of how we met.
Interviewing officer: Ha ha- very interesting.....so the rules of the K1 are as follows...............

Total of 1 question!!
 
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