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themoldy1

K3 visa - what's the best case scenario?

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My (American) wife is travelling to the US next week to finalise a job there, expecting to start work on 1st October.

As luck (or not) would have it, we already have tickets booked to the US for our regular summer holiday, leaving on 7th August.

Is it wildly optimistic to believe that I can get a K3 visa issued if I submit the I-130 by courier on 11th May?

Does it make any difference if we appoint a US immigration lawyer to handle the process for us?

Being a born pessimist, and having reviewed a lot of posts on this site and the K3 statistics, it seems impossible that this could happen. So I am preparing myself for actually having a worst-case scenario discussion with my wife!

Thanks

Ian

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You won't get a K-3 visa so don't even bother sending in I-129f. Stick with I-130 and you'll probably have a visa a year from now.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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I have seen a few cases where filing the I129F (For a K3) along with the I130 (for CR1/IR1) actually delayed the processing of the visa. So firstly, I would say it is highly unlikely you would have your visa by August. The process takes a year or even slightly more. No an immigration will not speed up your case even a little, and it seems frequently can slow down your case (by sending in incomplete information and not properly communicating between USCIS ect and the petitioner). Also layers can get quite pricey. I would not call it a worse case scenario (not by far), but talking about the reality of the situation.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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You are looking at about a year, maybe more, for a spousal visa, no matter if you get the CR-1 or are one of the very few who can get a K3.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Thanks for the replies; this is pretty much what I expected having reviewed the stats and other comments.

We'll go with the IR-1 as soon as my wife gets back; I've got the form, payment and contents ready to go.

Not sure how she'll react to probability it will take up to a year to get a visa, and then we have to discuss how to handle our 2 children!

Having worked in the civil service I understand the way bureaucracy works more than she does. She thinks she can get things fast tracked by paying a premium, but in this case it seems we must just trust in luck to get it through as fast as possible.

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Filing from abroad you will probably get through the fast lane at USCIS, which could shorten your waiting time by several months. In our case, had we been active and submitted all of our documents and fees immediately, we would probably have gotten through this process in about 7-8 months. We're both residing abroad and our I-130 was processed in about a month. NVC has also stepped up its game and processing times are much shorter than just a few months ago. So technically, if you don't receive any RFEs or checklists along the way, I would say it's rather realistic you'd have your visa in hand by the end of this year.

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I tried my luck with the K3 but my I-130 got approved instead (IR1-CR1). I got a NOA1 for my I-129F but after that never heard from it again. The USCIS online case status even says now that they can't provide me info on it. Just giving you insight from someone who has tried it.


Service Center : Nebraska Service Center

Marriage : July 2, 2014

March 7, 2015: I-130 Sent

March 17, 2015: I-130 NOA1 received in mail

March 17, 2015: I-129F Sent

March 28, 2015: I-129F NOA1 received in mail

April 3, 2015: I-130 updated on USCIS website to approved! awaiting hardcopy of NOA2

April 14, 2015: Case was sent to NVC

April 18, 2015: I-130 NOA2 hardcopy received in mail

April 22, 2015: Case was received by NVC

May 1, 2015: Case number assigned

May 4, 2015 : I-129F NOA2 received in mail

June 2, 2015 : Selected Agent Via Phone

June 16, 2015 : Paid AOS and IV Fees Via Mail

June 22, 2015 : Wife receives Appointment letter from Manila Embassy (I-129F)

*proceeding with K-3 Visa instead. Cannot wait for the NVC problems to resolve

June 23, 2015: Interview scheduled for July 30

July 9, 2015 : Medical Completed

July 30, 2015 : Interview Complete APPROVED!!

August 16, 2015 : Received Letter from NVC that I-130 is being expedited to Manila Embassy.

August 26, 2015 : Manila Embassy closes K3. Proceeding with CR1 again. New interview date September 16, 2015

September 16, 2015 : Interview Complete APPROVED!! ISSUED on same day. :dance:

September 23, 2015 : Visa in hand
September 29, 2015 : POE

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Thanks for the replies; this is pretty much what I expected having reviewed the stats and other comments.

We'll go with the IR-1 as soon as my wife gets back; I've got the form, payment and contents ready to go.

Not sure how she'll react to probability it will take up to a year to get a visa, and then we have to discuss how to handle our 2 children!

Having worked in the civil service I understand the way bureaucracy works more than she does. She thinks she can get things fast tracked by paying a premium, but in this case it seems we must just trust in luck to get it through as fast as possible.

There's no paying premium for faster processing in family based immigrant petitions. She'll just have to realize there's a process and timeline to be followed.

If she wants you all to move at the same time then she needs to postpone the job until you get your visa.

Remind her that bringing in a foreigner is a privilege and not a right.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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We are also in the process of filing I-130 and now waiting for NOA1. We haven't gotten a mail notice either (it is worrying me) and now I'm considering if filing a I-129F for a K3 is even possible from Sweden? And if it would make the process quicker?

We both live in Sweden. Has anybody else made the step of sending I-130 and sent a I-129F for a K3 visa as soon as you get your NOA1? I only want to send a I-129F if it will make the process quicker not slow it down.

I'm so confused!

Thanks for any advise.


USCIS Petition

Form I-130: Petition for Alien Relative

1 May 2015: Mailed I-130 to Chicago

12 May 2015: Received NOA1 by email, file routed to CSC

12 June 2015: Received NOA2 by email!!!

NVC Stage

2 July 2015: NVC received file

21 July 2015: NVC case number assigned and AOS invoice received

24 July 2015: DS-261 Choice of Agent available and applied on webpage

26 July 2015: Paid AOS bill (payment portal showed PAID on 28 July 2015)

6 August 2015: DS-261 Choice of Agent Completed and Approved on phone with NVC, IV bill invoiced

13 August 2015: Paid IV bill Again (payment portal showed PAID on 17 August 2015, (payment portal showed REJECTED on 11 August 2015

15 August 2015: Sent IV documents and AOS package together

17 August 2015: DS-260 Application for Immigrant Visa Available and completed

18 August 2015: Scan Date IV documents and AOS package

21 August 2015: Received Confirmation email of Scan Date

4 September 2015 : Case Completed at NVC (“3 N/A” on CEAC on 7 September, Confirmed with NVC 8 September )

15 September 2015 : Receive Instruction or Interview appointment letter

Embassy Stage

23 July 2015: Medical completed

14 October : Date Received By Consulate

19 October: CEAC Update/ Letter from Embassy Received pkt 4

26 October 2015 : Interview Day- Passed but need to send a NEW version of the Form I-864

30 October 2015: New Form I-864 Received by Embassy

3 November 2015 : CEAC Visa status - Issued :dancing:

4 november 2015: Visa in hand

5 November 2015: Payed Visa fee on ELIS

6 November 2015: POE YAY!!!

25 November 2015: Applied for replacement of SSN card at the local office

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We are also in the process of filing I-130 and now waiting for NOA1. We haven't gotten a mail notice either (it is worrying me) and now I'm considering if filing a I-129F for a K3 is even possible from Sweden? And if it would make the process quicker?

We both live in Sweden. Has anybody else made the step of sending I-130 and sent a I-129F for a K3 visa as soon as you get your NOA1? I only want to send a I-129F if it will make the process quicker not slow it down.

I'm so confused!

Thanks for any advise.

I-129F for a K3 will be automatically closed at NVC.

Your NOA1 should be on its way. You filed on 1st May .. So have patience (You can also check with your postal service to see if USCIS actually received your document) (you can also check with your bank, if the cheque you sent to USCIS was cashed. This is one more way to know about your file. If cashed then your NOA1 is on its way.)

Wait till 20th of this month and then if you still dont get NOA1 then call USCIS and ask if they received your packet. (I assume its an international post, so relax may be your NOA1 letter is on its way)

k3 aint processed anymore. In last 8 - 9 months in this forum, i have only seen 1 k3 being approved :P

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We are also in the process of filing I-130 and now waiting for NOA1. We haven't gotten a mail notice either (it is worrying me) and now I'm considering if filing a I-129F for a K3 is even possible from Sweden? And if it would make the process quicker?

We both live in Sweden. Has anybody else made the step of sending I-130 and sent a I-129F for a K3 visa as soon as you get your NOA1? I only want to send a I-129F if it will make the process quicker not slow it down.

I'm so confused!

Thanks for any advise.

We're still intending to apply for a K3 even though the chances seem almost nil that it will achieve any processing. But we're still waiting for green light on my wife's US job (hopefully this afternoon). Once we get that, we are going to apply for Exceptional Filing via USE Stockholm Consular/USCIS London. If that doesn't succeed, we'll submit the I-130 and once NOA1 is received send in an I-129f.

On the stats page is says the average time to interview on K3 is 348 days (only 35 cases on record) and 410 for IR-1 (over 1,100 cases), so K3 may be faster by a month or so but as everyone has said it seems to be rarer than Willy Wonka's golden ticket!

Edited by themoldy1

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We're still intending to apply for a K3 even though the chances seem almost nil that it will achieve any processing. But we're still waiting for green light on my wife's US job (hopefully this afternoon). Once we get that, we are going to apply for Exceptional Filing via USE Stockholm Consular/USCIS London. If that doesn't succeed, we'll submit the I-130 and once NOA1 is received send in an I-129f.

On the stats page is says the average time to interview on K3 is 348 days (only 35 cases on record) and 410 for IR-1 (over 1,100 cases), so K3 may be faster by a month or so but as everyone has said it seems to be rarer than Willy Wonka's golden ticket!

My i-129F got approved recently, but my i130 got approved first. So my i129F will get automatically closed once it reaches NVC. Doesnt hurt to try :P


Service Center : Nebraska Service Center

Marriage : July 2, 2014

March 7, 2015: I-130 Sent

March 17, 2015: I-130 NOA1 received in mail

March 17, 2015: I-129F Sent

March 28, 2015: I-129F NOA1 received in mail

April 3, 2015: I-130 updated on USCIS website to approved! awaiting hardcopy of NOA2

April 14, 2015: Case was sent to NVC

April 18, 2015: I-130 NOA2 hardcopy received in mail

April 22, 2015: Case was received by NVC

May 1, 2015: Case number assigned

May 4, 2015 : I-129F NOA2 received in mail

June 2, 2015 : Selected Agent Via Phone

June 16, 2015 : Paid AOS and IV Fees Via Mail

June 22, 2015 : Wife receives Appointment letter from Manila Embassy (I-129F)

*proceeding with K-3 Visa instead. Cannot wait for the NVC problems to resolve

June 23, 2015: Interview scheduled for July 30

July 9, 2015 : Medical Completed

July 30, 2015 : Interview Complete APPROVED!!

August 16, 2015 : Received Letter from NVC that I-130 is being expedited to Manila Embassy.

August 26, 2015 : Manila Embassy closes K3. Proceeding with CR1 again. New interview date September 16, 2015

September 16, 2015 : Interview Complete APPROVED!! ISSUED on same day. :dance:

September 23, 2015 : Visa in hand
September 29, 2015 : POE

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I-129F for a K3 will be automatically closed at NVC.

Your NOA1 should be on its way. You filed on 1st May .. So have patience (You can also check with your postal service to see if USCIS actually received your document) (you can also check with your bank, if the cheque you sent to USCIS was cashed. This is one more way to know about your file. If cashed then your NOA1 is on its way.)

Wait till 20th of this month and then if you still dont get NOA1 then call USCIS and ask if they received your packet. (I assume its an international post, so relax may be your NOA1 letter is on its way)

k3 aint processed anymore. In last 8 - 9 months in this forum, i have only seen 1 k3 being approved :P

Thanks! I'm sure you are right... Just need to relax!

I have also as you mentioned read somethings regarding K-3 not taking longer than I-130 and that it might even prolong the process. I haven't as you mentioned seen any K-3 either in a while, and non from my country so ... that why I was wondering.

But the only source I have found that K-3 is no longer processed is this:

"The K-3 is no longer the recommended path. Improved processing times for the I-130 and the use of e-mail at the NVC stages have made the K-3 obsolete. The CR/IR-1 visa does not take longer than the K-3 anymore, costs less (no adjustment of status necessary) and provides work authorization upon arrival. For those reasons the CR/IR-1 is usually the better choice for most applicants. The future of the K-3 is currently being reviewed by USCIS and until it is abandoned officially it is not required or even recommended that you submit an I-129f or pursue the K-3."

Link: http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

Perhaps you have another source?

Anyhow on USCIS it says that if you have both sent a I-130 and an I-129F and I-130 is approved before then the I-129F just gets canceled. So it can't hurt, right!!

Link: http://travel.state.gov/content/visas/english/immigrate/types/family/spouse-citizen.html#9


USCIS Petition

Form I-130: Petition for Alien Relative

1 May 2015: Mailed I-130 to Chicago

12 May 2015: Received NOA1 by email, file routed to CSC

12 June 2015: Received NOA2 by email!!!

NVC Stage

2 July 2015: NVC received file

21 July 2015: NVC case number assigned and AOS invoice received

24 July 2015: DS-261 Choice of Agent available and applied on webpage

26 July 2015: Paid AOS bill (payment portal showed PAID on 28 July 2015)

6 August 2015: DS-261 Choice of Agent Completed and Approved on phone with NVC, IV bill invoiced

13 August 2015: Paid IV bill Again (payment portal showed PAID on 17 August 2015, (payment portal showed REJECTED on 11 August 2015

15 August 2015: Sent IV documents and AOS package together

17 August 2015: DS-260 Application for Immigrant Visa Available and completed

18 August 2015: Scan Date IV documents and AOS package

21 August 2015: Received Confirmation email of Scan Date

4 September 2015 : Case Completed at NVC (“3 N/A” on CEAC on 7 September, Confirmed with NVC 8 September )

15 September 2015 : Receive Instruction or Interview appointment letter

Embassy Stage

23 July 2015: Medical completed

14 October : Date Received By Consulate

19 October: CEAC Update/ Letter from Embassy Received pkt 4

26 October 2015 : Interview Day- Passed but need to send a NEW version of the Form I-864

30 October 2015: New Form I-864 Received by Embassy

3 November 2015 : CEAC Visa status - Issued :dancing:

4 november 2015: Visa in hand

5 November 2015: Payed Visa fee on ELIS

6 November 2015: POE YAY!!!

25 November 2015: Applied for replacement of SSN card at the local office

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