K1 or K3, That is the Question?

T

tonyz312

New Member
I met a Chinese woman on the internet 2 years ago. She had an opportunity to come to the US this past March-April 2013 on a University exchange program at Jefferson University in Louisville, KY on a B1/B2 Visa. I met with her in the middle of her stay in Louisville for 5 days. Then at the end of the exchange program she came to my home town for a week to visit with me. She has since returned to China and we have decided we want to get married. So here is my question...... 1) should I apply for the K1 Visa and fo the normal route, OR, 2) since I am going to go to China to meet her family and see her country, should I marry her there. I was thinking that If I married her there, I would come back to the US alone, and then she can follow me back here on her B1/B2 Visa. Then once she is here, I will apply for the K3 Visa. She is obviously an educated woman as she has a bachelor degree from Beijing University and is currently working at a university in china. Any suggestions as to how we best approach getting her here?
 
Firstly, you are in the wrong sub-forum.
Secondly, K-1 route will be quicker than I-130 route if the goal is to bring her as quickly as possible to the US.

tonyz312 said:
I met a Chinese woman on the internet 2 years ago. She had an opportunity to come to the US this past March-April 2013 on a University exchange program at Jefferson University in Louisville, KY on a B1/B2 Visa. I met with her in the middle of her stay in Louisville for 5 days. Then at the end of the exchange program she came to my home town for a week to visit with me. She has since returned to China and we have decided we want to get married. So here is my question...... 1) should I apply for the K1 Visa and fo the normal route, OR, 2) since I am going to go to China to meet her family and see her country, should I marry her there. I was thinking that If I married her there, I would come back to the US alone, and then she can follow me back here on her B1/B2 Visa. Then once she is here, I will apply for the K3 Visa. She is obviously an educated woman as she has a bachelor degree from Beijing University and is currently working at a university in china. Any suggestions as to how we best approach getting her here?
Click to expand...
 
First of all, K3 is dead. Once you are married, the spouse can either AOS (if they are in the U.S.) or go through consular processing (which is faster than K3 anyway).

Second, entering the U.S. on a tourist visa with the intention of adjusting status during that visit is visa fraud. So once the two of you are married, and you decide to immigrate, and she is outside the U.S., consular processing is the only option.
 
Id you are applying for a K1 Visa for Fiancee, you intend to marry within 90 days of your fiancé(e) entering the United States.You can check process for Fiancee Visa here.


Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice or creating an attorney-client relationship with Law Firm.



tonyz312 said:
I met a Chinese woman on the internet 2 years ago. She had an opportunity to come to the US this past March-April 2013 on a University exchange program at Jefferson University in Louisville, KY on a B1/B2 Visa. I met with her in the middle of her stay in Louisville for 5 days. Then at the end of the exchange program she came to my home town for a week to visit with me. She has since returned to China and we have decided we want to get married. So here is my question...... 1) should I apply for the K1 Visa and fo the normal route, OR, 2) since I am going to go to China to meet her family and see her country, should I marry her there. I was thinking that If I married her there, I would come back to the US alone, and then she can follow me back here on her B1/B2 Visa. Then once she is here, I will apply for the K3 Visa. She is obviously an educated woman as she has a bachelor degree from Beijing University and is currently working at a university in china. Any suggestions as to how we best approach getting her here?
Click to expand...
 
inieson gave

newacct said:
First of all, K3 is dead. Once you are married, the spouse can either AOS (if they are in the U.S.) or go through consular processing (which is faster than K3 anyway).

Second, entering the U.S. on a tourist visa with the intention of adjusting status during that visit is visa fraud. So once the two of you are married, and you decide to immigrate, and she is outside the U.S., consular processing is the only option.
Click to expand...

Thanks for posting this info. I'm a USC with 2 daughters (dual citizens) and my wife is not a citizen. I need to move to America in a month for work. Why is the K3 dead? For consular processing don't I need to file I-130 and then wait for that to be approved. Doesn't that take at least 5 months? Any ideas how I can do this quickly?
Thanks
 
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