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onlyolga

K-3 clarification

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Hello all,

I'd like to ask for some clarification of the true facts. I have read that the K3 is obsolete now and is being replaced with the IR/CR1 visa. I have also read the pinned topic and note from Capt. Ewok regarding that the process is automatically applying for the IR/CR1 visa as well; and depending on which will be quicker would become your choice.

I am unsure of what exactly happens in the second step listed below. If I submit the I-130, receive the NOA....then file the I-129F. After USCIS approves the petitions to NVC. So.... at this point in time USCIS has approved both petitions...now in the first sentence of the second step it states that if both petitions have been approved by USCIS and sent to the NVC....

the availability, as well as the need, for a nonimmigrant K-3 visa ends.

So now my question is this...what exactly happens at this time? Is the K-3 visa no longer available, only the IR/CR1 visa? How do I go about the K-3 visa procedure instead of the IR/CR-1 visa procedure?

The First Step: Filing the Petitions

  • <LI sizcache="29" sizset="196">You, the U.S. citizen sponsor, must first file
Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information. <LI sizcache="29" sizset="197">You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa. After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

The Second Step: Applying for a Visa

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:

  • <LI sizcache="29" sizset="205">The nonimmigrant K-3 visa case will be administratively closed. <LI sizcache="29" sizset="206">The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the 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 receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse's country of nationality.

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If you don't submit the I-130 in support of the CR1 visa then the 129F processing of the K3 will occur.

There is a recent post from a VJ member that secured a K3 visa instead of the CR1. You can find their post / rant here >>> http://www.visajourney.com/forums/topic/340071-k3-reality/


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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If you don't submit the I-130 in support of the CR1 visa then the 129F processing of the K3 will occur.

There is a recent post from a VJ member that secured a K3 visa instead of the CR1. You can find their post / rant here >>> http://www.visajourn...071-k3-reality/

HUH? You cannot submit an I-129F for a spouse without first submitting an I-130 for that spouse. (A lone I-129F for a spouse would be rejected.) We HAVE seem some reports of the approved I-129F arriving at NVC ahead of the I-130 and being sent ahead for a successful K3 process, but NEVER an I-129F for spouse approved without filing an I-130.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Thank you both for your help. I do appreciate it. I've also seen a recent post at:

http://www.visajourney.com/forums/topic/341194-sanity-check-needed-on-visa-application-for-non-us-spouse/

...seems to me that more claification on the USCIS page is in order :bonk:

You are absolutely correct. USCIS really needs to re-write the K-3 information. :star:


I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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