K-3 (for wife to live in US while waiting for CR-1)

[bigtex26 2]

Just called CBP in Texas and was told by a Deputy that I should apply for a k-3 while waiting for my wife's CR-1 to be processed.

The Deputy informed me that this would allow my wife to enter and live in the United States with me, while her CR-1 is still being processed.

He said I'd need to contact the Mexican embassy to apply for this.

Does this seem correct? I was under the impression that once you go with CR-1 you basically just sit and wait...?

Also, if she was able to live with me while her CR-1 was processing, I guess we'd have to fly her back into Mexico for her Visa interview - right?

[Gosia & Tito 199]

Just called CBP in Texas and was told by a Deputy that I should apply for a k-3 while waiting for my wife's CR-1 to be processed.

The Deputy informed me that this would allow my wife to enter and live in the United States with me, while her CR-1 is still being processed.

He said I'd need to contact the Mexican embassy to apply for this.

Does this seem correct? I was under the impression that once you go with CR-1 you basically just sit and wait...?

Also, if she was able to live with me while her CR-1 was processing, I guess we'd have to fly her back into Mexico for her Visa interview - right?

Lots of incorrect information. If you have applied with CR1, it is as you said, sit an wait; the plus side is that upon entering the US, GC will be given.

No such a thing as applying for K-3 (if CR-1 has been done). ANd why would the Mexican EMbassy had anything to do with a USCIS process??

[bigtex26 2]

Lots of incorrect information. If you have applied with CR1, it is as you said, sit an wait; the plus side is that upon entering the US, GC will be given.

No such a thing as applying for K-3 (if CR-1 has been done). ANd why would the Mexican EMbassy had anything to do with a USCIS process??

Sorry, I meant the American Embassy in Mexico.

Still - this is totally incorrect? No way to get her to live her while her CR-1 is processing? What a let down! Haha.

So I guess my CR-1 visa (already three months in process) is about the same thing as a K-3?

Edited November 17, 2011 by bigtex26

[Darnell 8,478]

Welcome to the K-3 forum ! PLEASE get on a PC and read the last 300 posts here.

Thanks !

PS - why would you deign to call Customs and Border Patrol on any Immigration matter, seeking immmigration advice?

Edited November 18, 2011 by Darnell

[bigtex26 2]

Welcome to the K-3 forum ! PLEASE get on a PC and read the last 300 posts here.

Thanks !

PS - why would you deign to call Customs and Border Patrol on any Immigration matter, seeking immmigration advice?

I thought that even if my wife obtained a visitors visa from the American Embassy in Mexico, it would still be up to immigration to allow her in. Or am I wrong?

[Darnell 8,478]

300 topics. Let me know when yer finished. aye?

[belinda63 2,981]

The K-3 takes about the same amount of time to process as the CR-1. The benefit used to be that it took so long to process the visas that the K-3 would allow your spouse to enter the US as a non-immigrant and then adjust status which used to be much faster than the CR-1. Due to the processing now taking about the same time there is no benefit.

It has been stated that filing for the K-3 could actually slow down the process as the I-130 has to be matched with the I-130.

A tourist visa has nothing to do with a CR-1 or a K-3. Your spouse is more than welcome to apply for a tourist visa but she may or may not be permitted inside the US. She must show strong ties to her home country to convince the border police she will return there. Since she has a US spouse it makes the chances of her being permitted to visit less likely. She would still have to leave the US prior to the expiration of her tourist visa.

[bigtex26 2]

The K-3 takes about the same amount of time to process as the CR-1. The benefit used to be that it took so long to process the visas that the K-3 would allow your spouse to enter the US as a non-immigrant and then adjust status which used to be much faster than the CR-1. Due to the processing now taking about the same time there is no benefit.

It has been stated that filing for the K-3 could actually slow down the process as the I-130 has to be matched with the I-130.

A tourist visa has nothing to do with a CR-1 or a K-3. Your spouse is more than welcome to apply for a tourist visa but she may or may not be permitted inside the US. She must show strong ties to her home country to convince the border police she will return there. Since she has a US spouse it makes the chances of her being permitted to visit less likely. She would still have to leave the US prior to the expiration of her tourist visa.

Yeah, so even if she was allowed a tourist visa - she would be at the mercy of the border police. Would be a shot in the dark I guess.

I called the Houston Immigration department and they said that she would stand a chance to enter with visitors visa, if we were able to show that we were still in process of a CR-1. She seemed to think that because we had been spending so much money on the CR-1 and were three months in waiting for it, that we would be less likely to jeopardize the situation by overstaying her visit without returning.

[pushbrk 12,149]

Lots of incorrect information. If you have applied with CR1, it is as you said, sit an wait; the plus side is that upon entering the US, GC will be given.

No such a thing as applying for K-3 (if CR-1 has been done). ANd why would the Mexican EMbassy had anything to do with a USCIS process??

Nothing has been applied for. A petition has been filed. When the petition is approved, the foreign spouse will be allowed to apply for a visa.

Please do not refer to filing a petition as applying for or an application of any kind. It confused people.

[pushbrk 12,149]

Yeah, so even if she was allowed a tourist visa - she would be at the mercy of the border police. Would be a shot in the dark I guess.

I called the Houston Immigration department and they said that she would stand a chance to enter with visitors visa, if we were able to show that we were still in process of a CR-1. She seemed to think that because we had been spending so much money on the CR-1 and were three months in waiting for it, that we would be less likely to jeopardize the situation by overstaying her visit without returning.

CBP has nothing to do with and little knowledge of issuing visas. Your wife is ineligible for a visitor visa BECAUSE she has immigrant intent. She must have a CR1, IR1 or K3 visa to legally enter the USA. K3 hasn't saved any time for years. To file the petition needed to make it remotely possible to obtain a K3 visa, NOW would actually delay your reunion in the USA. Get your information here, not from CBP or the USCIS misinformation line.