K1 visa (marriage) or K3 visa

What's better, a K1 Fiancee visa or K3 Spouse Visa?

On the downside, petitioning for a K-3 visa requires the following:

You must marry outside the U.S. unless the foreign person is already in the U.S. In that case, there is even a possible better way to go.
A Relative visa petition must be filed first. The K-3 visa petition is filed upon proof of that filing.
Bringing a child along is more of an expense and hassle.
There's more paperwork and hassles in preparation for a foreign marriage.

On the upside - The K3 visa advantages:

The divorce rate is much lower with the K-3 visa. (Over a 10 year average), the K-1 visa cases demonstrate a 32% failure rate while K-3 visa cases demonstrate just 12%.
The processing time for a K-3 visa is no longer than a K-1 Fiance visa. The process is much the same for a K-3 petition.
Marriage in the presence of the family creates a bond between you and the family that cannot be equaled, because the family sees you as a true, legal member of the family. Why? Because they were a part of your marriage.
When your spouse arrives in the U.S., he/she (especially a woman) feels family supported "destiny." This is not the case with a K-1 visa, since he/she married outside the family. See more.....
Adjustment of status not needed for 2 or more years. When he/she arrives in the U.S., he/she is on a 2 year, non-immigrant visa. This means that an adjustment of status is not required to stay in the U.S. The bloody "Green card" is not needed.
The K-3 visa is extendable for another 2 years. The K-1 visa is NOT.
No adjustment of status ( "AOS" or "COS" ) required for work permit. A work permit can be applied for immediately. A K-1 visa requires an adjustment of status filing to get a work permit.
No travel documents are required to leave AND return to the U.S. on a K-3 visa. The Fiance visa requires an Advance Parole/Reentry permit application to be approved before completion of adjustment of status. This is difficult and expensive!
No commitment in having to file an Affidavit of Support along with application for adjustment of status, since the AOS is not required for up to 2 years (minus 30 days)..... and remember, the visa is extendable. Also consider, you can go through time in the marriage, after arrival, to decide whether or not it's worth committing to the ten year legal bindings of this affidavit of support!
The high fees now required, can be offset by the time required to pay for the adjustment of status. The fees don't have to be paid almost immediately after your honey's arrival. Both can work and save to pay these fees. Can wait for up to 2 years!!

Before you leap to contusions on which way to go, K-1 or K-3 visa, give these things serious consideration. Yes, it cost's a lot of money and takes time to go through the immigration process. Most people simply see only one thing. "HOW SOON CAN I GET HIM / HER HERE !" That's a major mistake.

We know how you feel. Don't think I didn't also feel that way. Letting your hormones hijack your brain can be very costly. There's not many things as devastating as having gone through all that and end up in a costly divorce. That's losing twice!!

New foreign spouse trauma:

Our experience from chatting and polling many past visa beneficiaries indicates an emotional tolerance in assimilation you must reckon with. Ladies in particular, who have left their country and family behind, find it extremely stressful in following their husband's "teachings."

These "teachings" are things the husbands do to help their wives assimilate into our society and culture. Most importantly, marriage in American society. The lady in particular, is like a fish out of water here. Naturally she will tend to believe other fish rather than "this new husband." Men generally can't get this through their heads. So she will ask other fish how to do things. Many of these other fish are also in the same boat (no pun intended) and act as experts (human tendency) to advise the new arrival on how to deal with her husband.

The husband is off to work, she's told to "watch TV" and wait 'til he gets back. The husband can't fathom what's going through her head.

What do I cook him for dinner (supper)?
How do I work this stove?
Where is the cabbage? What? No rice?
How do I wash my clothes? I only have 2 suitcases of belongings.
How do I work this #%&$* machine?
What part of the bathroom do I use?
How can I cook the kind of food I like?
Where can I even buy it? And HOW can I buy it?
How do I ask him for anything that involves money?
Etc....... Watch TV? Is he nuts? I'm bored to tears of frustration!

Frustration like this makes the lady very sensitive to her husband's comments after he comes home from work. He's tired, want's to eat, do some lovey-dovey, and all she thinks about is answers to these questions, but is afraid to ask. When she hints at a few, he sounds a little terse. Damn. What do I do?

She feels trapped and not at all like he does.

At various times, she gets to the point of wanting to go home. To heck with it. He has no idea what's going on in my mind, and doesn't seem to care. I can't tell him without looking bad. What do I do. Go home...... That thought, and often the advice of the other fish lead her to do very wrong things. He gets angry and the problems snowball. Okay, I'll go back home.... but I can't. I'm trapped.

She calls Momma or Daddy. They advise that she be patient. He's family. K-3 visa proves it. He married into the family. So she thinks, "Okay, I can go home any time. I have a K-3 visa. I'll give it another day." And another day, and another. Ultimately they talk. She can go home anytime. She's not trapped. She has a K-3 visa. Two years.... Another day. They talk. It gets worked out and the marriage blossoms.

I've talked to many men in such situations who claim they "got it" and DON'T. "Time heals all wounds." Right? Wrong! Not all. Time can also fester frustration, bordom, and anger. Each begets itself. Marrying into the family and going with a K-3 visa is a valuable choice for the many reasons given above. The trauma example just given shows just some of what ALL foreign brides go through. No American husband of such, can really imagine what a shock it is for a woman, who isn't well versed in Engish, American idioms, culture, and appliances, really experiences. It's major TRAUMA, and he is oblivious to it. He only "thinks" he understands, and she will not admit she's totally lost, frustrated, and yes, angry. So she keeps her mouth shut and tries to be patient.

The K-3 visa has proven to be a major factor in this assimilation. That's why the divorce rate is so much lower. There's far less pressure to adjust - it allows the time.....

Some women prefer to come over on a K-1 visa, just to have the 90 days to check out the ranch. I can't argue with that. But remember, the IMBRA law only allows you to file 1 (one) K1 visa petition in a 2 year period. Lose this one and you have to wait 2 years to file another. Do it right the first time. Get to know the person first. Then a K-3 visa greatly reduces risk from a ten year financial commitment until you are sure the marriage isn't a scam or she has ulterior motives. See USCIS memo on K-3 visa petition regarding these limitations.

Section 832 (D)(2)(A) of the IMBRA Act reads as follows:
Subparagraphs (B) and (C), a consular officer may not approve a petition under paragraph (1) unless the officer has verified that- ''(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and
''(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

(B) The Secretary of Homeland Security may, in the Secretary's discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver…." (Emphasis ours).

Flaw in the Law.... a consular officer may not approve petitions! USCIS officers do!

A July 21st, 2006 USCIS memo, states: "B. Filing Limitations
IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)." (Emphasis ours).

Note - the law says, "....with respect to two or more applying aliens;"

The USCIS memo only says, ".... two or more K-1 visa petitions..."

Congress is saying 2 separate aliens, while USCIS is saying 2 petitions for SAME alien OR more aliens, by substituting "petitions" for "applying aliens." Such finessing of words is called "coloring the law" and is a federal crime!!

The Difference between a K-1 Fiance and K-3 visa.