k-3 visa

[BULLWINKLE 3]

Can the Non USC husband travel to the States to visit his wife while the I-130 is processing? Can the USC wife travel to Europe to visit the Non USC husband while the packet is processing? Or do they need to file an I-131???

[sangman 0]

All due respect to all that posted a comment but I do believe you are wrong about k3 visa because information about the process is still on both the USCIS and Travel. org websites. I also have spoke to immigration office directly several times and they have told me nothing about the k3 visa not being active. In addition I also have spoke to several immigration lawyers and they have not said anything about k3 not existing.

[BULLWINKLE 3]

All due respect to all that posted a comment but I do believe you are wrong about k3 visa because information about the process is still on both the USCIS and Travel. org websites. I also have spoke to immigration office directly several times and they have told me nothing about the k3 visa not being active. In addition I also have spoke to several immigration lawyers and they have not said anything about k3 not existing.

Sangman - in the short time i've taken to become a bit more familiar with the Spouse Visa process, it really seems that the K3 is not necessary and it seems really irrelevant and a redundant step in the process. If you feel that you would like to pursue the K3 then you should do what your heart tells you to. Personally, I do not see the reason for it when you can just file !-130 (which you already have) and the I-129F - which will just be superseded by the processing of the I-130.

The CR-1 (if married less than 2 years) seems to be a more efficient and direct route.... good luck to you!

Edited October 22, 2010 by BULLWINKLE

[canadian_wife 1,791]

All due respect to all that posted a comment but I do believe you are wrong about k3 visa because information about the process is still on both the USCIS and Travel. org websites. I also have spoke to immigration office directly several times and they have told me nothing about the k3 visa not being active. In addition I also have spoke to several immigration lawyers and they have not said anything about k3 not existing.

You clearly have not been reading the travel.gov website that closely because it clearly states:

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 nonimmigrant K-3 visa case will be administratively closed.

http://travel.state.gov/visa/immigrants/types/types_2993.html

The I-130 and I-129F have been being approved on the same day for years, now the K-3 will be closed.

However, if you choose not to believe the advice, no one is stopping you from petitioning for a K-3, just note that if children are involved, do not bank on a K-3 or the derivative K-4 visa

Good luck

[marriedtomrg 140]

Can the Non USC husband travel to the States to visit his wife while the I-130 is processing?

Yes, but he has to demonstrate strong ties in Europe.

Can the USC wife travel to Europe to visit the Non USC husband while the packet is processing?

Of course, that won't be an issue.

Or do they need to file an I-131???

Not applicable in this case if they are applying for CR1. You file an I-131 (advance parole, or AP) when you have a pending adjustment of status case (I-485), and you are planning to exit the U.S. for whatever reason...the AP would be needed for the non-USC spouse to re-enter the U.S. If the non-USC spouse exits the US without AP, USCIS will know about it and consider the pending I-485 abandoned...should your friends move ahead with a CR1 application, again, no adjustment of status is needed...the non-USC spouse is eligible for a green card...completely different process involved there. When you are filing for adjustment of status, the assumption is that you are adjusting from K1, K3 or other applicable visas. K1 and K3 are temporary resident visas, so they need to apply for adjustment of status to change their status to lawful permanent residents/green card holders.

[pushbrk 12,212]

By November 23 it will be $420.

I understand that but you wrote, "If they apply by November 23, the fee for filing the I-130 + G325As and other supporting documents will be $420."

Chage "by" to "after" and "apply" to "file" and your statement is correct. As posted, it's simply incorrect.

[BULLWINKLE 3]

I understand that but you wrote, "If they apply by November 23, the fee for filing the I-130 + G325As and other supporting documents will be $420."

Chage "by" to "after" and "apply" to "file" and your statement is correct. As posted, it's simply incorrect.

Change "Chage" to "CHANGE", "by" to "after" and "apply" to "file" and your statement is correct. As posted, it's simply incorrect.

a little bit of improper grammar is ok... we get the gist of it

thank you all for your advice about this...

[Darnell 8,478]

ok, let me get this straight...

K3 Visa no longer exists?

Friends of mine just got married - she is USC and hubby is non USC. Just got married in States. He left back to Europe. Now she has to file I-129F and I-130 for him? Once he gets that, he can come back to the States and he will have an EAD immediately and can work?

Then instead of doing AOS, he can apply for greencard adjust from CR1? So that does not involve a form I-485?

Thanks for any advice!!!

Define 'that', if you can/will. I'm terribly sorry, you've mucked up the terms and acronyms - many of those are never combined in the manner that you've combined (them). EEK ! Double EEK !

FWIW, read all ->

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/

(ya, click the links, read the content there __IN__ those links, have some osmosis and assimiliation )

[Darnell 8,478]

All due respect to all that posted a comment but I do believe you are wrong about k3 visa because information about the process is still on both the USCIS and Travel. org websites. I also have spoke to immigration office directly several times and they have told me nothing about the k3 visa not being active. In addition I also have spoke to several immigration lawyers and they have not said anything about k3 not existing.

Ah - my life sucks, greatly.

Let me tell you why.

Immigration Office that you spoke to, never listen to me.

The Immigration Lawyers that you spoke to, never listen to me.

Why, you ask?

Because they don't read VisaJourney.Com Website.

Since yer here - do, please, read?

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 ! (Understand the difference between USCIS and NVC, and yer golden, btw)

[Darnell 8,478]

Can the Non USC husband travel to the States to visit his wife while the I-130 is processing? Can the USC wife travel to Europe to visit the Non USC husband while the packet is processing? Or do they need to file an I-131???

Mostly, travel is allowed.

But

each foreign person (not the USCitizen)

MUST

hand carry 'proof of strong ties' to that foreign country

when crossing the USA border, at any POE, to

show to the Immigration Goons. They assume yer trying to immigrate, by law (it's a poor assumption, but since it's the law, they go forth with the assumption, prior to you showing yer passport and smiling at the Goon at the Desk )

Those 'proof of strong ties' trump the legal assumption/presumption that yer trying to immigrate on 'this trip'.

You'll have about 4 minutes and 20 seconds to make yer case at the POE. Make sure yer proof of 'strong ties to yer country' is stellar.

USCitizens leaving the USA can do whatever they want, no issues or hassles.

[Anna & John 0]

Travel is allowed? I was under the impression that my wife is not allowed to enter the US while the I-130 is in review...

[Ryan H 3,795]

Travel is allowed? I was under the impression that my wife is not allowed to enter the US while the I-130 is in review...

Your wife is allowed to enter while the I-130 is working it's way through the masses. However, there is no guarantee that she will be admitted at the POE. Having an active I-130 can work in her favor because it shows CBP personnel that you two want to go about the immigration process the right way.

[Ryan H 3,795]

All due respect to all that posted a comment but I do believe you are wrong about k3 visa because information about the process is still on both the USCIS and Travel. org websites. I also have spoke to immigration office directly several times and they have told me nothing about the k3 visa not being active. In addition I also have spoke to several immigration lawyers and they have not said anything about k3 not existing.

The K3 may still be officially on the books; because of this, immigration office personnel will not say anything about it being inactive, nonexistent, or anything else of that sort. Same goes for immigration attorneys, the K3 is still on the books and so technically it still exists.

However, in practice, the K3 is nonexistent. Many people have posted in different threads that they filed both I-130 and I-129F, only to have the two tied together and approved simultaneously by USCIS and sent to the NVC. Since the I-130 is already approved, the need for K3 no longer exists. Thus, the application for the K3 is administratively closed and only the I-130 remains active. I would be willing to guess that many immigration attorneys are not familiar with the I-130 and I-129F being matched up in recent times at a USCIS service center.

[Anna & John 0]

Your wife is allowed to enter while the I-130 is working it's way through the masses. However, there is no guarantee that she will be admitted at the POE. Having an active I-130 can work in her favor because it shows CBP personnel that you two want to go about the immigration process the right way.

Wow. Thank you! My wife hasn't been here in nearly 20 months, because we thought that she could not enter until the I-130 was approved.

Our nephew is going to be baptized next month, and I would love for my wife to be there. She can't wait to finally see him in person for the first time.

[sangman 0]

So all being said, now that I have filed both the I-130 and the I-129f, what if anything should I do next? Anything? Nothing? Will my wife still get a call for an interview at the American Consulates office? If not, how can I get her here to the U.S. ?