K3 Procedure Question

[ImCurious 0]

Hi there..

Newbie here but question that I just cant find an answer for anywhere.

Wife is US Citizen and currently in US.. (Wisconsin)

Im AUS Citizen and working expat in Asia.

Marriage took place in US (Wisconsin 2001)

I travel to US on Visa Waiver program (VWP) every 7-8 weeks or so to see my family while im working here.. Stay for 2 weeks. .Have ticket in/out.

We are just about to start K3 process and concerned about ongoing ability to travel to US on VWP whilst the K3 process takes place. Especially over Christmas..

1. If my wife submits I-130, does it prevent me from entering US on Visa Waiver ? If not, once she receives the I-797 and then submits I-129F, does this still cause any issues ?

2. How long generally does it take from submitting I-130 to receiving I-797 ? She is in Wisconsin.

Hope you can shed some light !!!

[marriedtomrg 141]

From what I have read you should still be able to visit your wife on the VWP, but you have to prove that you have strong ties outside of the US (like that job you mentioned), and can show you have approved vacation time during the length of your visit.

The K3 is no longer available as of February 1, 2010. You can read about that on the US Department of State website: http://travel.state.gov/visa/immigrants/types/types_2993.html#5

Your option to immigrate would be to pursue an IR1 visa instead. Better for you, because when you land you will be a 10-year green card holder right away (since you guys have been married for more than 2 years)...you basically hit the ground running.

From sending the I-130 to getting the NOA1 (receipt notice), usually doesn't take very long at all. 1 to 2 weeks at least.

Now from NOA1 to NOA2 (approval notice), that's a different story. Published USCIS timelines say an average of 5 months, but that varies from applicant to applicant. Some will experience shorter timelines, some longer.

Once your I-130 is approved, it will be forwarded to the National Visa Center for review prior to forwarding to the US Embassy for visa processing. You may want to get in touch with peeps from the Australia regional discussion board for more information, and read more about the IR1 process: http://www.visajourney.com/content/i130guide1

Good luck on your journey!

Hi there..

Newbie here but question that I just cant find an answer for anywhere.

Wife is US Citizen and currently in US.. (Wisconsin)

Im AUS Citizen and working expat in Asia.

Marriage took place in US (Wisconsin 2001)

I travel to US on Visa Waiver program (VWP) every 7-8 weeks or so to see my family while im working here.. Stay for 2 weeks. .Have ticket in/out.

We are just about to start K3 process and concerned about ongoing ability to travel to US on VWP whilst the K3 process takes place. Especially over Christmas..

1. If my wife submits I-130, does it prevent me from entering US on Visa Waiver ? If not, once she receives the I-797 and then submits I-129F, does this still cause any issues ?

2. How long generally does it take from submitting I-130 to receiving I-797 ? She is in Wisconsin.

Hope you can shed some light !!!

[canadian_wife 1,823]

K-3 is a dead visa, like the above poster mentioned.

Have your wife file the I-130 for the Cr-1 spousal visa and don't bother with the I-129F.

Admittance and duration of stay is up to the CBP at the time of crossing. To make your entrance smoother, bring a copy of your immigration packet and strong ties to the country you left (Asian or Australia)

GOod luck

[ImCurious 0]

Hey.. sorry to be a pain..

Are you saying that you cant apply for a K3 visa ??

The way I read the statement is that ONLY if the I-130 approves first, the need for K3 ends ??

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The follow on in my particular case is that I can do my job from anywhere in the world..

[canadian_wife 1,823]

At this point, you are not applying for anything. You may submit the I-129F petition - no one said you cannot. However, the I-130 and I-129F have been being approved on the same day for years now, no reason to expect your case to be different

Please submit the petition for the I-129F if you like, just know the liklihood of it being granted is slim

Good luck

[ImCurious 0]

Thankyou for your feedback.. I understand more clearly now..

[pushbrk 12,979]

At this point, you are not applying for anything. You may submit the I-129F petition - no one said you cannot. However, the I-130 and I-129F have been being approved on the same day for years now, no reason to expect your case to be different

Please submit the petition for the I-129F if you like, just know the liklihood of it being granted is slim

Good luck

Submitting the I-129F for a spouse is a waste of time and can delay your immigrant spouse visa case. This is an IR1 visa case, not CR1, meaning the foreign spouse is entitled to a 10 year green card. The marriage was more than two years ago.