Does having a US Tourist Visa help obtain a K-3 Visa?

[xfactor 0]

Here's my scenario, I am a US Citizen, my fiancée(Russian Citizen)is trying to obtain a US tourist Visa, we are wondering if we marry abroad, will having the US visa help or hurt in obtaining the K-3 Visa? Also, if my fiancée' does obtain the tourist visa, will they need to stay for a certain amount of time before returning to Russia? I understand the process for the k-1. Thanks for any help!

Edited February 8, 2011 by xfactor

[YuAndDan 153]

The length of stay allowed on a Tourist visa is set at the POE, usually a max of 6 months.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

MORE: http://travel.state....pes_2993.html#4

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

CR-1 does not take much longer to get than a K-1

[Mrs O. 29]

Here's my scenario, I am a US Citizen, my fiancée(Russian Citizen)is trying to obtain a US tourist Visa, we are wondering if we marry abroad, will having the US visa help or hurt in obtaining the K-3 Visa? Also, if my fiancée' does obtain the tourist visa, will they need to stay for a certain amount of time before returning to Russia? I understand the process for the k-1. Thanks for any help!

If she obtains the tourist visa but with immigration intent, that might be considered as visa fraud. But if she obtains the tourist visa, you marry in the US and she returns to her home country to wait out the K3(CR1 is really the way to go)process then there is no problem with that.