Legal Question in Immigration Law in New Hampshire

K-1 or K-3 visa

Hello-

I am a U.S. citizen recently engaged to a Costa Rican citizen. Not to take the romance out of the wedding, but we would like to make her transition to the U.S. as simple as possible. We can get married here in the U.S. or in Costa Rica.

My question is, would it be better to get married in Costa Rica and apply for a K-3 visa or apply for a K-1 visa and be married in the U.S? Niether has been married or children. We are both legally eligible to be married in both countries based on my limited knowledge of law and what I have read. We have travel documents including receipts and pictures (I keep things for business anyway but read that we may have to support our relationship) of us in Costa Rica from me traveling there and she has also been to the U.S. and has a current tourism visa. I have a contracted job with the state and file taxes every year.

We are willing to have a civil union in Costa Rica followed by a ceremony at a later date if that improves the possibility or can file for a K-1 visa immediately and are capable of having a wedding soon after she arrives in the U.S.

I appreciate any assistance. Thanks, CP


Asked on 1/06/09, 9:27 am

1 Answer from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: K-1 or K-3 visa

It really depends on which strategy you want to use. The K-1 would require her visa to be approved before she got here and you simply have to wait. With the K-3 she will have two processes in place at the same time. I'm not sure if you have a complete understanding of what happens from now right until she has her green card but the only way I can explain it is to send you a chart of the process and discuss it with you in detail, taking your personal preferences into account. Feel free to contact my office for a consultation and I'll walk you through it so you can make a fully informed decision.

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Answered on 1/06/09, 12:55 pm


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