K-1 vs k-3 pros & cons which is the better option? I'm so confused now! :(

[savoy]

So I've got plenty of time here but I could use some advice especially from those who were successful and perhaps even not so ..so I can know what to be careful of.

I know this whole immigration process can be very frustrating and confusing enough as it is... never mind all the headache of dealing with both our families and all the drama! lol


Main differences between the two:

1- From what I understand using the K-3 means getting married and then my coming back to the US to first fill out a 1-130 and waiting for the receipt before I can start the petition process with 1-29 etc. I hear it takes about 3 months?! to get the receipt for the 1-130.

2- Also for the K-1 once we are married here in the US she has to wait 3-4 months before being allowed to go back and visit her family?

Where as the K-3 will allow her to go visit immediately without any issues?

So the difference in travel restrictions plus add the 3 months and the 1-130 (for K-3) otherwise both processes are the same?

My situation:

Basically I'm a US citizen and she's from Pakistan. We're hoping to get married or engaged this coming October. We will have to do at least Nikah (religious vows for marriage) before her parents will allow anything.

Will this disqualify her for the K-1 visa? We don't care which visa we use.
We just want to make sure we are together as soon as possible without any complications.

I'm hearing different things from different people.

Most are saying the K-1 is faster assuming everything goes ok. But it does involve the risk of immigration denying her visa if they feel we cannot prove the legitimacy of our relationship to their satisfaction. Also the restrictions on her travel are a concern.

With the K-3 we will already be married so I'm assuming they cannot give her any trouble in this regard? There is no issue of whether we can marry or not and it just a matter of how soon she will be allowed to come here?

In both cases what is the best proof to show?

With the K-1 I'm told showing the proof of our Nikah, plane tickets and photos would suffice? But if they ask her if we are married (which technically we will be religiously and cerimony wise) they could deny her visa?

With the K-3 I won't have to worry about this sort of thing? and her already being married to an american citizen should make things easier??

I dunno ..I thought I had all this figured out...until my dad started worrying and insisting on the K-3. I was thinking of using the K-1 to send the petition now and explain we are meeting in person in Oct.. I figured by the time Oct comes around they may contact her there..which could save us 3 months at least! Also waiting til I get back in November would probabily mean her dad sends me her paper work by december and I'm guessing immigration won't even look at anything til January?

Any advice you guys can give will be greatly appreciated. Thanks!

[LexiMStL]

Hmm, I´m kind of in the same situation, re: K1 vs. K3. I also think that the K3 is a bit more secure (I mean, you´re already married, what can they do?) but that it may take longer.

Re: the fact that you'd be religiously married... I *think* that it depends on the law from where that ceremony would be taking place. If that religious ceremony means that in Pakistan, you'd be legally married, than I think to the USCIS you'd also be legally married, and therefore ineligable for a K1. If it's a 1st step, and you would only be religiously married and not legally, I think you'd be fine... but what do I know... thats just my logic and these things aren't always logical, are they? If they were, we wouldn't all be spending so much time on this board, lol.

Good luck! I hope someone more knowledgable than I will post a response, lol.

[Revived]

I dun think you culd apply 4 k-1 if you r nikah-ed.. also for k-3 they ask for solid proofs like wedding pics, at times, including walima pics! and questions could b v personals!

K-1 is not as difficult as portraited! Since engaged, V went for k-1, interview was a breeze, you would think they wuld b tuff!.. my fiance was not asked anytin' but to recognize in the pic who i was! interview was of 5 min or so.. no proofs no emails nothing asked! but they try to trick u so u spit out that s/he is my 'huband' or 'wife' ... if truley u r fooling the system, you will spit out the truth !

however, since hez a male, we r on AP! but i have obsereved recently w/girls on other forum k-1 is takin' 5 - 6 mons from filing!

well good lucks.

[nichole]

The K1 is fastest entry into the US. You can not file until you have met in person. You have to send in proof of your US citizenship and evidence of meeting in person to meet the basic requirements of the USCIS approving the form I-129F. If that's not in the packet you send in, then you will get a request for evidence which can slow the whole thing down alot. If they get your pictures and see your airplane tickets and photos from October meetings, then they will know you weren't eligible to apply when you did, so it would be like starting in October from the beginning. And furthermore, there are questions on the forms you fill out asking how many times and the circumstance you have met. So you really couldn't fill out the forms now.
If you left that blank, and they sent you a request for more evidence, you have only 30 days to supply that evidence, or the case is thrown out. So if you mail in the packet early and it's missing a most important part--evidence of meeting, then you are wasting your time and money.

I am not familiar with Pakistani ceremonies, but if the one you mentioned is a wedding, then DO NOT SHOW those pictures at an interview for a K1 fiance visa. If they think you are married or your fiance calls you husband, they will deny you right then and say you are not eligible for K1 because you are married. They will tell you to re-apply for a K3 spouse visa. Even if you say it wasn't a legal wedding because we didn't file papers, it was only religious, they can still deny you because they think you got married. Whatever the person doing the interview says is the final word and you have to go by it.

So the fastest way for you is to go meet her this summer and gather some photo evidence. Then you can apply. Otherwise you start the timeline of waiting in October whether you do K1 or K3. They rarely deny the approval of the I-129F as long as you are a citizen and have met and you aren't a convicted abuser. But you have to get the visa approved at the embassy which the other posting person said was pretty easy. So being engaged over married shouldn't make much difference in the approval.

You are right about the travel document on the K1 visa. She must enter the US, then you marry, then you apply for adjustment of status, work permit, and travel document all together. The work permit and the travel document can take a few months, but many get it in two months. That will cost another $1000+ for the application fees. By then she can't afford a ticket to Pakistan anytime soon.

[savoy]

Nicole thank you for such a detailed reply!

Yeah I'm thinking I'll most likely go with just getting married and using the K-3. Her dad is already so nervous about letting her marry me since I live in the US and I don't want to complicate things any further. I also don't want to give her anything more to worry about. This way she doesn't have to worry about slipping up and possibly saying anything that could deny her a visa.