Help!!! Dilemma!!

[dangani]

Dear Immihelp

I got married to my husband who is a US citizen in Texas in 2007. Unfortunately I had to leave the US a year and a half ago due to some family issues back home before I had filed to change my status. I went to the US on a student visa and at the time of time we got married, my visa had expired. I am ready to go back to the US now to join my husband.
we were wondering what the best option for us is. Is it better for my husband to file the I-130 petition, and then apply for a K3 visa for me? or is it better for me to apply for a visitor's visa, and change my status once I get to the US?

Your help will be greatly appreciated.

Thank you kindly.

[wavedom]

Applying for a tourist visa with the intention of adjusting status to LPR is considered to be visa fraud. It can also in some cases be problematic to even get a tourist visa if your spouse is a US citizen living in the US, since the embassy might suspect that you intend to immigrate. The IR1 would probably be a better option. The general opinion seems to be that the processing times for the IR1 are shorter than what they used to be, which makes the K3 less useful.

You wrote that you got married after your visa had expired. If this means that you overstayed your visa, you should look into the consequences before starting the visa process. I don't know if an IR1 is easier to get than a K3 if the immigrant has previously overstayed a visa.