Which visa (K3 or CR/IR) visa should US citizen apply for?

Question

to bring his spouse to US if the marriage happend outside of USA. How long do these both categories take? what is the difference between these two categories?

Answer 1

The way you apply for both of those is basically the same, but depending on how the process goes, you could later on have the choice of going with the K-3 or the CR/IR.

I'd say they both take about the same amount of time to process, which I expect would be less than a year from A to Z.

The major difference between the two is that if you enter on a CR/IR visa, you enter the US as a permanent resident, so no adjustment of status is required. Conversely, if entering on a K-3, the holder of the visa must still adjust status to that of permanent resident, which means an extra $1010 in immigration fees and months of obnoxious processing time.

Also note that it doesn't matter where the marriage happened. The only requirement is that the marriage must be legal. Whether it happened in the US or outside of the US is of no importance.

Answer 2

In order to file the K3, you have to file the CR./IR-1 petition anyway. The K3 is based on the CR filing. The K3 was intended to be faster, and was originally. These days it doesn't seem to make much difference one way or the other in terms of getting to the US. Somewhere between 8 to 12 months. However, once you get to the US, you're much better off coming in on a CR/IR immigrant visa, as you are processed for your green card much faster, whereas under the K3 you have to be scheduled for an adjustment hearing, which sometimes takes more than a year, sometimes a lot more before you get your green card. You can legally stay without it, but it complicates your life, especially if you want to leave the US for a visit back home.