Should I file K-1 Visa or K-3 Visa?

Asked over 1 year ago - Las Vegas, NV

Have been with my boyfriend for 8 years, we have 4 children together. Currently living in Mexico and want to know which Visa would be better for us to file. Our children and I are all U.S. Citizens, except for my boyfriend.

Attorney answers (5)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . If you are all going to wait in Mexico until the visa is issued it does not matter. Bear in mind though that the K1 is for a true unmarried fiancé, whereas a K3 is for married couples. So, if you marry, you will not file the K1

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . Whether a K-1 or a K-3 need to be filed depends on whether you are still unmarried or not.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Kyndra L. Mulder


    Contributor Level 20


    Lawyers agree

    Answered . As unmarried you file the fiance visa - K1. You may want to consider going to Mexico and getting married then filing an I-130 and immigrant visa. There are benefits to going this route: less expensive and faster.

  5. Gary David Goodin

    Contributor Level 9


    Lawyers agree

    Answered . If you are unmarried and you both have no impediment to entering into a marriage then I would suggest that you get married in Mexico and file an I-130 petition for him as this will save you thousands of dollars in fees and other costs.

    I also suggest that you consult an immigration attorney about filing this petition as you seem to be resident in Mexico and not the United States.

    Gary D. Goodin (702) 423-2721,, Goodin Law P.A. 3440 E... more
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