Not sure what type of visa (k1 or k3)

[kenardoni]

I'm planning to get engaged soon, and then start the process of bringing my fiance to live with me in America.

I'm sure she would prefer to get married in her home country (Japan) so her family and friends can be there. So basically I would want to have the visa approved, then I'll fly over to marry https://9apps.ooo/ her, then we fly back here together.

Is this situation possible on either the k1 or k3 visas? Which one would I need to go with? Or would we have to change our plans altogether?

[newacct]

As you know, you have two options:

1. Petition her with I-129F for a fiance visa (K1). After I-129F is approved, she goes through the process of consular processing for a K1 visa at the consulate. After she enters the US on a K1 visa, you guys marry within 90 days, and apply for Adjustment of Status with I-485, which may take a year or more. While her I-485 is pending, she cannot leave the US until she gets Advance Parole. And she cannot work until she gets her EAD. When her I-485 is approved, she will be a permanent resident. She cannot get married before entering on K1 while taking this route, though you guys can hold an engagement party in Japan if you wish.
2. You marry her first (in the US or in Japan or anywhere else), and then you file I-130 to petition her to immigrate as your spouse. You can only file I-130 after you guys are married and have the certified marriage certificate. K3 is obsolete; she will get the immigrant visa directly. After the I-130 is approved, she goes through consular processing to get an CR1 immigrant visa at the consulate. When she enters the US on her immigrant visa, she becomes a permanent resident immediately. The process from filing I-130 until getting the immigrant visa can take a year or more (but so can the process from filing I-129F until getting the K1 visa).