Newbie immigrant question(s)

[andrewtayloraz]

Hello All,

On one hand I am grateful that websites like this exist to aide us in getting our loved ones into the US. On the other hand it really stinks that the application process is so daunting that websites like this are necessary in order to get a visa.

I searched the forum for a while before posting this so if someone else has recently asked the following questions than I apologize.

I live in Seattle Washington (US)
we live 2 hours away
My fiance lives in Vancouver BC (Canada)
we are getting married this summer but as of right now we can't decide which visa to apply for.

Should we apply for a K1 right now or wait until we are married and apply for a K3?

secondly, is it true that once we receive the fiance visa that my fiance cannot leave the US for 1 whole year?

thanks for your help.

[immihelp]

1.
You can do either K1 or K3. Look at the section called 'Choosing the Right Option' at https://www.immihelp.com/usa-visas/kvisa/

2.
There is no such rule that she can't leave for 1 year.

[nichole]

You probably won't have a K1 by summer so the wedding would have to wait a couple of months. Or if you married and they found out, they would deny the K1 and tell you to start over on a K3 since you are no longer unmarried.

If you wait for summer and marriage before applying then you're going to be apart longer before she can live in the US.

How important is a summer wedding? Would fall do as well? Then K1 now will have her in the US first.

Leaving the US:

K3s can come and go on their visa. It's a two year visa I think.

K1 visas are 90 days. The visa is void once used so there's no getting back into the US using K1 if you leave. As soon as you marry, you can file Adjustment of Status paperwork. The fee allows you to file for work authorization EAD and Advance Parole AP at no extra charge. 3 for the price of 1 if mailed together. The AP document is a travel document that allows her back in the US while she is awaiting her green card. It processes separately from the green card and is faster. Ours was approved in 59 days, so while my husband is still waiting on his green card, he can travel out of the country with the Advance Parole. If getting that quickly is important to you then you should
1. Marry soon after she enters the US
2. Have your paperwork ready even before the wedding so as soon as you have a marriage certificate, you can send in the AOS, EAD, and AP applications. Have enough money saved to pay for it $1010.
3. Within 60-90 days, work and travel documents will probably be received if you send in complete paperwork.

If she enters US and you wait 2 months to marry, then spend 6 months getting your AOS paperwork done, then leave something out so they have to request more evidence, yeah you could waste a year before she could travel. But plan wisely and it could be quick. My fiance, now husband enter on K1 the first of October and had work and travel docs before Christmas.

The other option is an expedited Advance Parole if an extreme emergency came up and she had to return to Canada. For that it's like filing separately with the normal fee...maybe $300-$400 (can't remember) and is pretty fast.

Some of those considerations may help you decide K1 or K3. It depends on what suits your schedule. And time for all of these steps can vary widely, so it's hard to plan around dates, birthdays, and holidays when you do either process.