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K1 vs K3 Visa and some questions me and my girlfriend have.

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  • K1 vs K3 Visa and some questions me and my girlfriend have.

    My girlfriend and I have been together for 5 1/2 years, She is from the States I'm from a European country (keeping it vague but if more details are needed I could provide them).We want to move in together and we have decided that the US seems like the best choice out of both of them to move to. She just started her job and I'm finishing college (They have allowed me to do the remaining classes online).

    We have done our fair share of research but still aren't sure about the pros/ cons of K-1 and K-3 visa, if we apply for the K-1 and then decide to get married in my country could be then apply for a K-3? I have read it could be considered fraud, we are trying to go for speed here as we have heard that K1 can take up to 2 years sometimes which is a huge contrast with k3's 12 months.​

    Is legally marrying each other and then applying for a K-3 the fastest option?

    We are only getting married so that we can live together in the States, she has double nationality (European country + US) and I only have a European passport, does this offer any advantages?

    Thanks!
    Last edited by kriyapedo; 12-15-2023, 05:41 PM.

  • #2
    K3 is obsolete. If you petition a spouse, you will get a CR1 immigrant visa directly. There is almost no change you will get a K3 even if you apply for it. When you enter the US on an immigrant visa, you become a permanent resident immediately, whereas if you enter the US on a K1 fiance visa, you will have to apply for Adjustment of Status after marriage, and that process can take more than a year, before you become a permanent resident.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by kriyapedo View Post
      My girlfriend and I have been together for 5 1/2 years, She is from the States I'm from a European country (keeping it vague but if more details are needed I could provide them).We want to move in together and we have decided that the US seems like the best choice out of both of them to move to. She just started her job and I'm finishing college (They have allowed me to do the remaining classes online).

      We have done our fair share of research but still aren't sure about the pros/ cons of K-1 and K-3 visa, if we apply for the K-1 and then decide to get married in my country could be then apply for a K-3? I have read it could be considered fraud, we are trying to go for speed here as we have heard that K1 can take up to 2 years sometimes which is a huge contrast with k3's 12 months.​

      Is legally marrying each other and then applying for a K-3 the fastest option?

      We are only getting married so that we can live together in the States, she has double nationality (European country + US) and I only have a European passport, does this offer any advantages?

      Thanks!
      First of all let's get clear what is the difference between K-1 and K-3 visa.

      Basically, the K-1 visa is designed for the finances of U.S. citizens, that allows them to enter the U.S. for the purpose of getting married. After marriage, you can apply for Adjustment of Status to become a permanent resident.

      While the K-3 visa is intended for spouses of U.S. citizens. It was created to shorten the physical separation between the foreign-citizen spouse and the U.S citizen petitioner while they're awaiting immigration processing.

      Now, coming to your situation, K-1 visa though takes time, but it's important to follow the procedure. If you decide to get married in your home country instead, you can explore the CR-1 visa(spousal visa) route, which allows your spouse to enter the U.S. as a permanent resident immediately after the approval.

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