Skip to main content

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

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.

+ Read More

Attorney answers 5


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, Suite 707 San Francisco, CA 94104


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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.


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 Russell Road, Suite 226 Las Vegas Nevada 89120 . Note: Gary D. Goodin is an attorney licensed in the Florida and is authorized to practice US immigration law nationwide. The above answer is for general informational use only. You should not act or refrain to act solely based on the information provided. The answer does not create an attorney/client relationship unless an Agreement is signed by the attorney and the client.