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K3 Query

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jhonydeep3305
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Posts: 3
Joined: Fri Jun 25, 2010 5:45 pm

K3 Query

Post by jhonydeep3305 » Fri Jun 25, 2010 5:47 pm

Hello everyone,
I've spent the better part of the morning looking through the forums but can't find information that would help me in my situation. Hoping someone can steer me to the right place...
I'm Canadian and living in Vancouver, engaged to an American living in Birch Bay (we live less than an hour away from each other, on either side of the border). We've decided that I will be the one to move to the States and start a new life as my work is more flexible while he has a good job and a young child who lives with him part-time. Here's the issue: I have a 17 year old daughter turning 18 in two months and we've been told we should get married asap before she turns 18 so that it will be easier for her to stay in the states, go to college there, etc. A K1 visa would take too long so we're looking at the K3 route. Our intention is to get married as soon as possible in San Francisco (we're planning to elope as we have too many friends and family members and can not afford a large wedding), and then apply for a K3 visa. I would return to Vancouver to continue working until K3 visa is processed but would visit my new husband and stepchild on the weekends. Once the Visa is approved, I'd move myself and my daughter over, apply for adjustment of status, then continue working (I'm a freelance writer, editor and website designer). Here's the thing: according to some of what I've read on these forums, the K3 visa requires that we marry in Canada -- if I travel to the states with the intention of getting married this could hurt the visa process. Is this true? We really want to get married in San Fran but would settle for getting married in Vancouver if we had to. And also, am I allowed to travel back and forth across the border while on a K3 visa? If so, why are there news reports of married couples being stopped at the border when trying to visit their new spouses in the states?

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: K3 Query

Post by Marco 72 » Fri Jun 25, 2010 6:40 pm

Why choose the K3 when you can do things more quickly with a regular immigrant visa (CR1)? The K3 was originally introduced when immigrant visas took ages to process, but now they are taking approximately the same time, apparently, so it makes no sense to use a K3 visa.

Also, it's perfectly ok to marry in the US, as long as you don't enter the US with the intent of adjusting status to permanent resident there.

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