K3 still the best route to bring spouse in USA

[American2007 0]

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

[ValerieA 350]

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

OK, it is very confusing. Basically, to apply for the K-3 visa, you file the I-130, when you get the NOA1 for that, you file the I-129f. In the current situation, the I-130 (by experience of the people on here) gets pulled out of line, and 'married' with the I-129f when they receive it. That sets you back 2-4 weeks, if you do it promptly. When they both hit NVC (the second step) the I-129f is closed, and they process only the I-130 for a CR-1. There have been rare instances of the I-129f getting through on its own, but I would not trust that. I am assuming that your spouse is outside of the US right now. Does she/he have children? How to proceed will somewhat depend on that.

The CR-1 is superior to the K-3 in that, when your spouse makes it to the US, they do not have to do the AOS process, which is expensive and time consuming. However, there are other factors, like kids and location, that make the K-3 preferable (although still somewhat unattainable).

Edited July 23, 2010 by ValerieA

[astronaut 3]

The National visa center receives the approved I129F (k3) application, and it is at that level it's administratively closed. I just had this happen to me two days ago. We sent in the I130 and it was approved and sent to the NVC, about a week later, our approved I129F was sent to the NVC. I phoned and spoke with a rep at the NVC, and she said because they see I have an approved I130, the K3 application is closed. I asked to speak with her supervisor who said there was nothing they could do to keep the K3 application alive. I asked to speak with the supervisor's supervisor, who said wouldn't be able to change it either, and was not in the office.

Bottom line: The I129F for your K3 ap has no problem going through USCIS, it's when it gets to the next level at the NVC (National Visa Center) they kill it! Cannot tell you the frustration and heartache this is causing our family, but we'll make it through.

Is your spouse that you want to sponsor outside the US?

[American2007 0]

Yes, My Wife is outside the USA. We don't have any Kids but we hate to wait 6-9 months for the Green Card "immigration" process VS "non-immigrant" K3 process which is shortest route.

Step 1: Immigrant Petition for Alien Relative - Form I-130

You must first file an immigrant Petition for Alien Relative, Form I-130 for your spouse and children with your local USCIS Office in the United States. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

Step 2: Petition for Alien Fiancé(e), Form I-129F

After you have received the receipt note (Notice of Action - Form I-797), you should file the Petition for Alien Fiancé(e) (Form I-129F) for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to USCIS.

Note: Using Form I-129F ( Petition for Alien Fiancé(e)) for K-3 Visa purposes

The I-129 Form, Petition for Alien Fiancé(e) is used to obtain a K-3 visa for your alien spouse. Fill out the form as directed, except assume that "fiancé" or "fiancée" means "spouse." Note that filing this form is only necessary to facilitate the entry of your spouse as a non-immigrant.

Refer to the form for additional instructions for using I-129F for a non-immigrant visa for your spouse.

Step 3: Spouse (and children if applicable) apply for visa in home country

The foreign spouse will go to a US embassy in his/her home country and apply for the K-3 visa, and his/her children will apply for the K-4 visa if applicable.

Step 4: After coming to USA file for Adjustment of status (AOS) by filing I-485

Your spouse must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).

Step 5: If you have been married for less than 2 years, file to Remove Conditions on Permanent Status for your spouse

If you have been married for less than 2 years then you most likely have a conditional permanent residence. Which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status

If We Follow the 5 Steps as states above Where do we have the Problem?

Thanks alot for all the great information , I really appreciate it.

Kas

[payxibka 10,045]

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

Your plan won't work... If the I-130 is approved you are precluded from submitting the I-129F petition for K-3. The I-129F filing requires that you have a previously filed but unapproved I-130.

The USCIS has no or little information on the K-3 visa because it does not actually issue the visa. It only approves the prerequisite petition to determine eligibility and the Department of State takes over and issues the visa

[Darnell 8,478]

Some light reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Good Luck !

[pushbrk 12,969]

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

USCIS doesn't issue visas. They'll process your I-129F petition and send it to NVC. NVC will then close it. Two separate government agencies that have a history of turf wars.

[Ready2Kl 1]

USCIS doesn't issue visas. They'll process your I-129F petition and send it to NVC. NVC will then close it. Two separate government agencies that have a history of turf wars.

USCIS does issue some types of VISAS. An example is U visa. USCIS does not issue K3 visa.

[payxibka 10,045]

USCIS does issue some types of VISAS. An example is U visa. USCIS does not issue K3 visa.

No they don't... if you look more closely at the I-918 on the USCIS website it indicates Petition for U Nonimmigrant Status. Status and visa are two very different things. USCIS grants "status" and the DOS grants "visas". Many people will attempt to use the word status and visa interchangeably which is not correct.

[Ready2Kl 1]

No they don't... if you look more closely at the I-918 on the USCIS website it indicates Petition for U Nonimmigrant Status. Status and visa are two very different things. USCIS grants "status" and the DOS grants "visas". Many people will attempt to use the word status and visa interchangeably which is not correct.

If you look at the below two websites(official USCIS links and not 3rd party), it does say that USCIS grants U- visas...

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5d5d58a734cd9210VgnVCM100000082ca60aRCRD&vgnextchannel=469ce28457f69210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD

[payxibka 10,045]

If you look at the below two websites(official USCIS links and not 3rd party), it does say that USCIS grants U- visas...

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5d5d58a734cd9210VgnVCM100000082ca60aRCRD&vgnextchannel=469ce28457f69210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD

Do you read closely?

U.S. Citizenship and Immigration Services (USCIS) today announced it has approved 10,000 petitions for U nonimmigrant status (also referred to as the “U visa”) in fiscal year 2010.

Victims of Criminal Activity: U Nonimmigrant Status

The referred to is the interchangeability I mentioned, but is technically incorrect...

A citizen of a foreign country who seeks to enter the United States (U.S.) generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship. Certain international travelers may be eligible to travel to the U.S. without a visa if they meet the requirements for visa-free travel.

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the U.S. While having a visa does not guarantee entry to the U.S, it does indicate a consular officer at a U.S Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the U.S., for a specified status and period of time.

Edited July 26, 2010 by payxibka

[cuauhtemoc07 0]

I filed a I-129f in June10. NOA1 was recieved July10. Approval notice came Nov10.

So now the NVC will kill my case? What will happen to my fiancee's visa?

[pushbrk 12,969]

I filed a I-129f in June10. NOA1 was recieved July10. Approval notice came Nov10.

So now the NVC will kill my case? What will happen to my fiancee's visa?

Nothing. You aren't reading carefully. This is the K3 forum and the I-129Fs referred to here are for spouse, not fiancee.

[Ryan H 3,812]

I am about to file I-130 for my wife.

Please advice.

Thanks

Kas

Just file the I-130 and let that process run its course.