Bringing my sweetheart home to the US: K1 "Fiance" vs K3 "Spouse"

[jackspade]

What are the benefits of each? Which would be recommended?

I am eager to relocate back to my better job in the US, and start a family with my GF.

 

However, I don't want to spend months and months away each other, and have heard that the marriage visa takes much longer to process.

 

She is an educated, middle-class woman who speaks very good English and carries herself well, but she only makes 30,000 THB. Will this be an obstacle?

 

She's also traveled to Europe before, to visit with her half-Thai female friend. I've heard this would up her chances of getting a US visa of any sort, but I don't know if that's true or not.

Edited October 25, 2019 by jackspade

[lopburi3]

Employment and income should not be a factor as both would be to leave Thailand (no return to job issue).  Indeed marriage (immigrant visa) can take some months to process (exact time different in various areas of USA and local processing believe has ended so that method must be used now).  Have no experience with the finance visa but suspect your job might be a factor (if not currently working - as it would also for marriage - you are expected to show support).  The 3rd system, and one of the reasons tourist visas are a bit hard to obtain, is to travel on that and get married/request conversion in USA.  Tourist visa would not be approved if intent of marriage suspected but are what job and previous travel do help.

[La Migra]

A lot of the same requirements.... you show your financial ability, prove the relationship etc....  With a K-1 it will not be issued until all that is proven.  You can check average processing times on USCIS website.

Marry in Thailand, file the I-130 for a CR-1, then file the K-3 to request a visa for her to live with you while waiting for the CR-1 petition to be granted. Not automatic, as they need to do a review of your financials and relationship....and that takes more time.

 

[tjo o tjim]

My experience is old, and different nationalities... but a K1 seems to cause more scrutinies than it really is worth; you essentially repeat the whole process when getting married.  I think having time together in Thailand and being able to document that is what will simplify your process; if you just met... not going to be very easy.

[GinBoy2]

On 10/24/2019 at 11:10 PM, lopburi3 said:

Employment and income should not be a factor as both would be to leave Thailand (no return to job issue).  Indeed marriage (immigrant visa) can take some months to process (exact time different in various areas of USA and local processing believe has ended so that method must be used now).  Have no experience with the finance visa but suspect your job might be a factor (if not currently working - as it would also for marriage - you are expected to show support).  The 3rd system, and one of the reasons tourist visas are a bit hard to obtain, is to travel on that and get married/request conversion in USA.  Tourist visa would not be approved if intent of marriage suspected but are what job and previous travel do help.

Well yes and no to the employment issue.

 

If they marry in Thailand and file a I-130 for a CR-1, they can file a K-3 while the CR-1 is in process, which would allow her to travel to the US as a non immigrant until such time the CR-1 is approved.

 

However, regardless of which route you take, the OP will still have to submit an I-164 Affidavit of Support, which if he doesn't have assets to substitute for income, a job is going to be required.

 

With the closure of the local USCIS in Bangkok, he would have to file an I-130 through the Dallas lockbox, which I think is currently running at about 12 months. So in that scenario the K3 would get her to the US much quicker, rather that do a K1, then you would still have to do an I-130 when she landed.

 

So, he CR-1 application first, and the a K-3 seems to me the best option 

[jackspade]

On 10/29/2019 at 3:22 AM, GinBoy2 said:

Well yes and no to the employment issue.

 

If they marry in Thailand and file a I-130 for a CR-1, they can file a K-3 while the CR-1 is in process, which would allow her to travel to the US as a non immigrant until such time the CR-1 is approved.

 

However, regardless of which route you take, the OP will still have to submit an I-164 Affidavit of Support, which if he doesn't have assets to substitute for income, a job is going to be required.

 

With the closure of the local USCIS in Bangkok, he would have to file an I-130 through the Dallas lockbox, which I think is currently running at about 12 months. So in that scenario the K3 would get her to the US much quicker, rather that do a K1, then you would still have to do an I-130 when she landed.

 

So, he CR-1 application first, and the a K-3 seems to me the best option 

 

Very interesting. This goes against most of the advice I've heard, which says that the K-1 is almost always the quicker option, but you seem to have a good point. Thanks for the input, will take that into consideration.

[GinBoy2]

On 10/29/2019 at 6:35 PM, jackspade said:

 

Very interesting. This goes against most of the advice I've heard, which says that the K-1 is almost always the quicker option, but you seem to have a good point. Thanks for the input, will take that into consideration.

Maybe think about the ultimate goal.

 

You want your wife to become a permanent resident.

 

Maybe the K3 takes slightly longer than the K1, but it's the difference of weeks.

 

The CR-1 is what you want, so the sooner you start that ball rolling the better.

 

In the K1 route, you waste the time waiting for the K1 to be approved since you cant get the CR-1 started until she gets to the US, and you get married.

 

Whereas in the K3 route, get married in Thailand, the time waiting for K3 approval is already being used for the CR-1 application.

 

Thats just how my thought process works, others make think differently

Edited November 1, 2019 by GinBoy2

[uffe123]

I filed applied for a visa for my wife. Filed a I-130 and then filed I129f to to be able to get a K-3 visa. You an only get a K-3/K1 visa by filing a I129F. K-1/K3 is very rare and my I-130 was approved 1st. They then will not consider the I129F once the I-130 is approved, and you cannot get a K-1/K-3 visa. The I-130 was approved  within 3 months and now working on the actual visa portion. It is very tricky, document have to be submitted perfectly.  Most of my document very rejected the first time around. The passport picture was in a horizontal position. Rejected must be in the vertical position. Only take a key stroke to correct, but rejected. added another month to the process, Now the sent me another message requesting additional documents It goes on and on? 

 

Edited November 3, 2019 by uffe123
spelling

[jackspade]

On 11/3/2019 at 9:45 AM, uffe123 said:

I filed applied for a visa for my wife. Filed a I-130 and then filed I129f to to be able to get a K-3 visa. You an only get a K-3/K1 visa by filing a I129F. K-1/K3 is very rare and my I-130 was approved 1st. They then will not consider the I129F once the I-130 is approved, and you cannot get a K-1/K-3 visa. The I-130 was approved  within 3 months and now working on the actual visa portion. It is very tricky, document have to be submitted perfectly.  Most of my document very rejected the first time around. The passport picture was in a horizontal position. Rejected must be in the vertical position. Only take a key stroke to correct, but rejected. added another month to the process, Now the sent me another message requesting additional documents It goes on and on? 

 

I don't get it.

 

It sounds like I-129 is specifically for bringing a fiancé or wife home. What is the I-130 for and why did you file that first?

Edited November 7, 2019 by jackspade