Too late to file for K-3?

[nj1023 0]

Can anyone give us some advice? My husband is from Mexico, so our case is going through Ciudad Juarez. Here's some background...our I-130 was approved 11-18-05, sent to NVC and approved 12-21-05, then forwarded to Juarez and received in Juarez 1-23-06. Now we're waiting for the interview. My husband called Juarez and they said the typical waiting period is 9 months.

My question- is it too late to try and get a K-3 visa now? I thought I read somewhere that you cannot file for a K-3 visa once the I-130 is approved. We did not file an I-129 at the time our I-130 was pending because he had to remain in Mexico until June 2006 to complete his 2-year home residency requirement (this is a requirement associated with his J-1 visa from when he was a student here). We mistakenly thought (silly us) that our case would be approved and we'd have the interview before his HRR was up. I was planning to file the I-129 around November 2005, but that's when our case was approved and everything started moving so quickly, I thought we'd have our interview in no time. I never expected that the waiting period at Juarez would be so long.

Now his HRR is almost complete, and he has no visa with which to return to the US (besides a tourist visa). I told him to at least come here on the tourist visa and wait, but we have no guarantee how long his tourist visa would be approved for (3-6 months maybe) and would we get the interview within that time? Plus, he wouldn't be able to work with a tourist visa, and since he is currently working in Mexico, we don't want to risk losing his job.

Is there anything we can do? Or must we just wait it out?

Thanks,

NJ1023

[Billy 0]

Hi

I think I-130 is K3. I might be wrong. I hope someone can help you more.

good luck

bill

[Cygnet 0]

My question- is it too late to try and get a K-3 visa now? I thought I read somewhere that you cannot file for a K-3 visa once the I-130 is approved.

NJ1023

My husband and I read that, too, in an immigration book. But the funny thing is our I-130 was approved first and then our I-129F (for K-3) was approved later. You can check my signature below to have a better idea of our timeline for I-130 and I-129F.

I don't really know what to tell you...

Do you think K-3 interviews will go faster than CR-1 at his consulate? If you file for K-3 now, you'd have to wait for the petition to be approved and then wait for an interview date.

[duey 0]

I don't think you can file for K-3 as your case has already reached the embassy.

[Euro 3]

Hi

I think I-130 is K3. I might be wrong. I hope someone can help you more.

good luck

bill

I-130 is NOT K3!!..........I-130 leads to CR1/IR1...................I-129F leads to K3 (if married already)

I dont think you can now file K3 as your completed I-130 is at the Embassy/Consulate!!

maybe it wont take as long as they are telling you, fingers crossed eh!!............Good Luck!!

Edited May 13, 2006 by euro

[desert_fox 32]

The original purpose of the K3 was to allow a spouse to enter the country as a non-immigrant to await the approval of the I-130. At that time the I-130s were taking forever, and a K3 could be issued more quickly. But now I-130's have picked up speed making the K3 almost obsolete. In your case since you already have the approved I-130 a K3 will offer you nothing more. He would still have to wait the 2 year home country requirement, and he would still have to wait for an interview. You wont gain a thing that I can see.