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Should I go the K-1 or K-3 route?

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  • Should I go the K-1 or K-3 route?

    I have an interesting situation. I am a born US Citizen and basically I left a common law marriage (already have a divorce) and took off to Canada. Well, I have an urgency to get back since I do have a child in the US still, and we would rather live there anyways.

    I have been back to the US since I came to Canada, but they almost didn't let me come back and I am not even supposed to be here, but whatever, I don't plan on working here anyways.

    So, basically I have two options. We can get married here, which would make me more legal here, or I can start filling for his fiancee visa. Since I am not working, and havn't worked in years, I can't really sponser him, but I can always get my mother to do that.

    I guess I am basically wondering which is the easiest, and which is the fastest. I am concerned with either because if I do the K-1, I am worried it will get denied since my divorce isn't even a month old, and I am worried about the K-3 because if we got married here, it would be small in general, and of course I have read that they want pictures and whatever to prove that it happened. Though this would be in Canada, so I am sure its not as big of a deal since the US would recognize it as legal.

    Also if anyone has used a lawyer, I would like to know if it was worth it. I have talked to some people but it has been so long since they did it, I am sure its different now.

    thank you

    Also, he can also just get over there, of course if he gets a job he can go on a TN visa, but then I'd have no idea what to do if we did get married while he was there on that. But that isn't an issue really yet since he would obviously have to get a job first lol
    We're pretty much trying not to be seperated.
    Last edited by wowswift; 08-07-2007, 08:47 AM.

  • #2
    K-3 Spouse visa

    I suggest you K-3 would be a good option in your case. As you are aprehending the rejection as your divorce not even couple of months old. So K-3 is basically for the spouses of US citizen who are staying abroad. After marriage you would be in more advantagious position and all the required documents will be under your possession. Like the wedding photographs, album, marriage certificate etc. Preferably you should be availing the K-3 option.

    To qualify for K-3 visa, you must be:

    The foreign national spouse of a U.S. citizen

    Residing outside the U.S.

    Seeking to enter into the U.S. to await the availability of an immigrant visa

    Your U.S. citizen spouse must have filed a petition for alien relative which must be pending

    On K-3 visa, you may:

    Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition

    Apply for a work permit

    Travel outside of the U.S. on short trips and re-enter

    Study in the U.S.

    On K-3 visa, you may:

    Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition

    Apply for a work permit

    Travel outside of the U.S. on short trips and re-enter

    Study in the U.S.








    Originally posted by wowswift
    I have an interesting situation. I am a born US Citizen and basically I left a common law marriage (already have a divorce) and took off to Canada. Well, I have an urgency to get back since I do have a child in the US still, and we would rather live there anyways.

    I have been back to the US since I came to Canada, but they almost didn't let me come back and I am not even supposed to be here, but whatever, I don't plan on working here anyways.

    So, basically I have two options. We can get married here, which would make me more legal here, or I can start filling for his fiancee visa. Since I am not working, and havn't worked in years, I can't really sponser him, but I can always get my mother to do that.

    I guess I am basically wondering which is the easiest, and which is the fastest. I am concerned with either because if I do the K-1, I am worried it will get denied since my divorce isn't even a month old, and I am worried about the K-3 because if we got married here, it would be small in general, and of course I have read that they want pictures and whatever to prove that it happened. Though this would be in Canada, so I am sure its not as big of a deal since the US would recognize it as legal.

    Also if anyone has used a lawyer, I would like to know if it was worth it. I have talked to some people but it has been so long since they did it, I am sure its different now.

    thank you

    Also, he can also just get over there, of course if he gets a job he can go on a TN visa, but then I'd have no idea what to do if we did get married while he was there on that. But that isn't an issue really yet since he would obviously have to get a job first lol
    We're pretty much trying not to be seperated.

    Comment


    • #3
      it is ok to file for all this while i stay in canada? im trying to do it where i don't have to leave him.

      i have a feeling it is best for me to get a lawyer do do this.

      Comment


      • #4
        can anyone help with this? i was reading the instructions on the 1-130 form and it said this about filing:

        Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest American Embassy or Consulate,

        Does that mean i can do the whole thing with the consulate or embassy? from what i read, isn't it faster? but I swore I also read that you can't do that in Canada. Plus I am not a legal resident of Canada, though I guess I could become one, but really don't want to do it if it doesn't matter. I dunno, this stuff is confusing, lol. you guys are lucky who have already delt with it lol

        Comment

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