K3 question

[MEDSHE20 0]

I applied for a K3 for my husband, he is a foreigner living in China, we had to get married in Hong Kong because he is not a Chinese resident. He will have his interview in Hong Kong.

When he interviews for the K 3 in Hong Kong, if he doesn't pass, can we go back and apply for the

CR1 through Guz? Do we have to re-send the I130 all over again? Or go off the one we just sent? Thanks for any replies.

[payxibka 10,045]

I applied for a K3 for my husband, he is a foreigner living in China, we had to get married in Hong Kong because he is not a Chinese resident. He will have his interview in Hong Kong.

When he interviews for the K 3 in Hong Kong, if he doesn't pass, can we go back and apply for the

CR1 through Guz? Do we have to re-send the I130 all over again? Or go off the one we just sent? Thanks for any replies.

As the USC, you have not applied for a K-3.. you have submited a petition to determine eligibility for your alien spouse to apply for a visa in the future.

When the petition(s) is/are approved then you can decide which visa he will apply for. A K-3 interview occurs in the country of marriage (unless that country was the USA then it will be country of residence)...

A CR-1 visa can be applied for based on the currently submitted I-130, if approved (no refiling needed). However, success will depend on the reasons for the K-3 refusal (if it happens) .... if those "reasons" still exist, the likelyhood of a second refusal might aslo occur.

Edited June 8, 2009 by payxibka

[celiothrkn 0]

I'm in a similar situation. I am a US citizen. My wife is not a Hong Kong citizen but we got married in Hong Kong, and we're planning on applying for the K3 visa.

Quote: The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place.

I did a timeline search and noticed there were no cases of K3 visas in Hong Kong. Does anyone know whether or not the US Consulate General in Hong Kong performs K3 visa interviews? Or is it because nobody's tried for K3 in Hong Kong before? Everyone seems to have gone CR-1 in Hong Kong.

[pushbrk 12,979]

I'm in a similar situation. I am a US citizen. My wife is not a Hong Kong citizen but we got married in Hong Kong, and we're planning on applying for the K3 visa.

Quote: The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place.

I did a timeline search and noticed there were no cases of K3 visas in Hong Kong. Does anyone know whether or not the US Consulate General in Hong Kong performs K3 visa interviews? Or is it because nobody's tried for K3 in Hong Kong before? Everyone seems to have gone CR-1 in Hong Kong.

Yes, a K3 can occur in Hong Kong. You don't see timelines because no VJ members have posted any. Hong Kong cases are one of the few and rare reasons the K3 visa is only "virtually" obsolete instead of completely obsolete. Chances are, you're still better off with a CR1 instead though. Please see the guides.