Confused with K-3 Visa and can i apply while waiting to be approved?

[james12 0]

I have researched applying for a I-130 from my brother but I saw it took at least 10 years. (I live in UK so won't be a huge backlog for my country) I then looked up ways to get into the US quicker and I saw the K3 Visa, I looked on multiple websites and some said it was for a spouse and others said a fiance, I am confused and hoping someone could clear this up for me.

Thanks

[Calculus 5]

From what I have researched they hardly ever issue k3 visas anymore. You can certainly apply for one once you have applied for the i130, but it might be a waste of money ?

[rutabaga 209]

And even if it did work, it's intended for spouses of US citizens so it wouldn't be applicable for a sibling anyway.

[Calculus 5]

Exactly, personally I wouldn't bother with it.....

[james12 0]

And even if it did work, it's intended for spouses of US citizens so it wouldn't be applicable for a sibling anyway.

So does that only apply for people born in America, not people who have American citizenship but were born in another country?

[rutabaga 209]

It applies when the US citizen spouse lives in the US and their non-US husband/wife lives abroad so that the foreign spouse doesn't have to wait for about a year or so (which is how much it generally takes for an IR1/CR1 visa to be issued) abroad, but can instead be with their US spouse in the US. How the US citizen spouse gained their citizenship is irrelevant AFAIK.

[aleful 1,905]

hi

the K3 is almost obsolete, and only to bring spouses of USC so they can adjust status in the US, it's a visa that allows the spouse of a USC to enter the country and get the GC in the US, but it takes almost the same time as the normal type of petition

unfortunately there is no way that a sibling can come sooner, that is the time that they have to wait in line, the wait is over 12 years now

[Dashinka 23,198]

The K3 is a non-immigrant visa for a spouse so it wouldn't apply for a sibling. The main difference between a K3 and a CR1 (immigrant spousal visa) is that on the CR1 they do the AOS process during the initial application process so when the spouse enters the US they immediately get their green card. With a K3 after the spouse arrives, they need to continue the process with an AOS to get their green card which may take 6-12 months. As stated, most people skip the K3 route and go right to the CR1 due to the advantages and cost, but theoretically a K3 processes faster so you would spend less time apart compared to the CR1. In practice, the processing times can be similar so for a spouse the CR1 usually supersedes the K3.

[Nich-Nick 3,353]

I have researched applying for a I-130 from my brother but I saw it took at least 10 years. (I live in UK so won't be a huge backlog for my country) I then looked up ways to get into the US quicker and I saw the K3 Visa, I looked on multiple websites and some said it was for a spouse and others said a fiance, I am confused and hoping someone could clear this up for me.

Thanks

K3 visa is for a spouse of a US citizen. One of the forms used is the I-129F, which is also used for fiances of US citizens getting a K1 visa. That may be your confusion. Same form required for K1 or K3, but the visas are different.

A K visa would not work for you because you are not married to or engaged to your brother.

Edited February 12, 2016 by Nich-Nick

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.