The K3 VISA is DEAD? are you sure about that?

[RobbyUSA 26]

I'm a US citizen (born in the USA).

In 2009 I married a Romanian woman in Romania. (she is now working in France)

She has a Visitor Visa that is good for 9 more years and allows up to a 6 month stay.

So if she travels to see me in the USA as a visitor then while she is still here in the USA we decide to file for the I-130.

After we receive the notifaction that the I-130 has been submited (average 3 weeks).

Why not apply for a K-3 Visa so she has the option of staying in the USA while the I-130 is still being processed?

if this is okay.... how can you say the K-3 Visa is Dead???

her Visitor Visa will run out so she would have to leave the USA while the I-130 is still being processed right?

so wouldn't it be logical to file for the K-3 ?

[Laure&Colin 274]

I'm a US citizen (born in the USA).

In 2009 I married a Romanian woman in Romania. (she is now working in France)

She has a Visitor Visa that is good for 9 more years and allows up to a 6 month stay.

So if she travels to see me in the USA as a visitor then while she is still here in the USA we decide to file for the I-130.

After we receive the notifaction that the I-130 has been submited (average 3 weeks).

Why not apply for a K-3 Visa so she has the option of staying in the USA while the I-130 is still being processed?

if this is okay.... how can you say the K-3 Visa is Dead???

her Visitor Visa will run out so she would have to leave the USA while the I-130 is still being processed right?

so wouldn't it be logical to file for the K-3 ?

I'm not sure I understand your question. Even if you file for a K3 visa, she will have to leave the USA before her 6 month stay is over.

A K3 visa implies an interview at a US embassy abroad (in France if that's where her official residence is nowadays).

A K3 is a visa, meaning it is used to enter the United States. It is not a paper that will allow her to stay in the US while the I130 is pending.

The question of dead/not dead doesn't even apply to your situation.

The only way she could stay is by filing for an adjustment of status from tourist visa to legal permanent resident, but I have no idea if she is eligible or how this process works.

[RobbyUSA 26]

I'm not sure I understand your question. Even if you file for a K3 visa, she will have to leave the USA before her 6 month stay is over.

A K3 visa implies an interview at a US embassy abroad (in France if that's where her official residence is nowadays).

A K3 is a visa, meaning it is used to enter the United States. It is not a paper that will allow her to stay in the US while the I130 is pending.

The question of dead/not dead doesn't even apply to your situation.

The only way she could stay is by filing for an adjustment of status from tourist visa to legal permanent resident, but I have no idea if she is eligible or how this process works.

so she can visit me in the USA... then apply for the I-130 while she is still visiting me in the USA... then apply for an adjustment of status?

sounds good to me!

maybe I should start a new topic and ask about this option?

[Laure&Colin 274]

so she can visit me in the USA... then apply for the I-130 while she is still visiting me in the USA... then apply for an adjustment of status?

sounds good to me!

maybe I should start a new topic and ask about this option?

I really don't know how adjustment of status works, so yeah you should probably start a thread in the AOS forum to get answers.

The only thing I know for sure is that the K3 is not what you're looking for.

[caly 48]

From my knowledge, coming to the US on a tourist visa with the intent to adjust status is considered immigration fraud and can result in a life-time ban.

Your best bet is the CR-1/IR-1 route.

[RobbyUSA 26]

I really don't know how adjustment of status works, so yeah you should probably start a thread in the AOS forum to get answers.

The only thing I know for sure is that the K3 is not what you're looking for.

I hear you.... the K-3 is in fact DEAD for 99% of us in my opinion!

the I-485 is the key!

[Laure&Colin 274]

From my knowledge, coming to the US on a tourist visa with the intent to adjust status is considered immigration fraud and can result in a life-time ban.

Your best bet is the CR-1/IR-1 route.

Yeah but the definition of "intent" is not as clear as it may seem. A lot of people are successful in adjusting from tourist visa or even VWP. I think for the OP it's worth researching this process. I'm not saying that's what he should do, but he should look into it.

[caly 48]

Yeah but the definition of "intent" is not as clear as it may seem. A lot of people are successful in adjusting from tourist visa or even VWP. I think for the OP it's worth researching this process. I'm not saying that's what he should do, but he should look into it.

I agree with you that it's good to know all your options. But I also feel it's always best to highlight the potential risks (which, in this case, I personally feel aren't worth it for the short term satisfaction of being together).

Edited January 27, 2012 by caly

[NigeriaorBust 4,087]

Years ago an I130 could take years and they made the K3 as a fast track for USC's. Now both take about the same time and usually collide at NVC. The NVC people close the K3 so they aren't chasing as much paperwork. Rarely a K3 sneaks through. The K3 still requires that the non USC interview in their country. You have a visitors visa and can come and go as long as you prove strong ties to home and don't abuse it. (spend more time out of US than in ) You are in a better position than many who have no hope of a visitors visa and the non USC lives in a country that is dangerous to visit.

[Harpa Timsah 13,258]

To enter the US on a non-immigrant visa with the intent to immigrate is visa fraud. It is especially a bad plan because if you lie in order to get inside the US (he's just a friend, etc) then you can be banned for life for misrepresentation. Furthermore, to suggest this course of action is against the TOS for this website, because it is illegal.

As stated above, a K3 is not "to stay in the US while I-130 is processed." The wording on USCIS website is very confusing and misleading. That was written when the I-130 was taking YEARS to approve. Even when that was the case, the K3 required approval of a I-129F and an interview, and that process took at least six months. Now, the I-130 is being approved in 6 months or less. So to file a I-129F (try to get a K3) makes no sense, because the I-130 is approved in the same time. NVC has decided they will just close the I-129F petition and force people to take the I-130 path (resulting in CR/IR-1 visa).

[Darnell 8,478]

Why not apply for a K-3 Visa so she has the option of staying in the USA while the I-130 is still being processed?

This worked up until 2006 - where the K-3 visa was approved at a US Embassy / IV unit, an interview there, whilst the I-130 was still being processed back at USCIS.

After that, automation for background checks moved in, FBI clearances were almost 'same day' as requested, even with a queue.

So, the I-130 processing is really fast these days, and to chase after a K-3 is really useless - please see :

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/

IMO the filing of an I-130 and I-485 together will be a problem, so that she 'stays here in USA' as coming into the USA on a tourist visa with intent to adjust status is considered immigration fraud. They'll ding her and you, as yer already married (from 2009) before she crosses the border into the USA.

Suggest, instead, you simply file the I-130, let it run it's course - at the end, she'll be issued an IR-1 visa at a US Embassy / IV unit somewhere (France or Romania)

Good Luck !

[RobbyUSA 26]

Why not apply for a K-3 Visa so she has the option of staying in the USA while the I-130 is still being processed?

This worked up until 2006 - where the K-3 visa was approved at a US Embassy / IV unit, an interview there, whilst the I-130 was still being processed back at USCIS.

After that, automation for background checks moved in, FBI clearances were almost 'same day' as requested, even with a queue.

So, the I-130 processing is really fast these days, and to chase after a K-3 is really useless - please see :

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/

IMO the filing of an I-130 and I-485 together will be a problem, so that she 'stays here in USA' as coming into the USA on a tourist visa with intent to adjust status is considered immigration fraud. They'll ding her and you, as yer already married (from 2009) before she crosses the border into the USA.

Suggest, instead, you simply file the I-130, let it run it's course - at the end, she'll be issued an IR-1 visa at a US Embassy / IV unit somewhere (France or Romania)

Good Luck !

thanks!

[pushbrk 12,092]

Years ago an I130 could take years and they made the K3 as a fast track for USC's. Now both take about the same time and usually collide at NVC. The NVC people close the K3 so they aren't chasing as much paperwork. Rarely a K3 sneaks through. The K3 still requires that the non USC interview in their country. You have a visitors visa and can come and go as long as you prove strong ties to home and don't abuse it. (spend more time out of US than in ) You are in a better position than many who have no hope of a visitors visa and the non USC lives in a country that is dangerous to visit.

Correct. And, just to clarify, it isn't that the I-129F has slowed down. Both I-130 and I-129F processing has mostly sped up since 2006, which was the last year the K3 visa saved any appreciable time. Unfortunately USCIS still publishes information that gives the impression it is not only a good idea to file both petitions but that there is some time savings to look forward to. Both of those impressions are false.

Adjustment of status is a very good option in the OP's case if the "decision" to "stay" occurs after entry. It is not a crime to explore options in advance. For all we know, there hasn't even been a proposal yet.

[VanessaTony 3,567]

Yeah but the definition of "intent" is not as clear as it may seem. A lot of people are successful in adjusting from tourist visa or even VWP. I think for the OP it's worth researching this process. I'm not saying that's what he should do, but he should look into it.

You are suggesting immigration fraud. She is not currently in the US and therefore the AOS route isn't an option.

Edited January 28, 2012 by Vanessa&Tony

[VanessaTony 3,567]

Correct. And, just to clarify, it isn't that the I-129F has slowed down. Both I-130 and I-129F processing has mostly sped up since 2006, which was the last year the K3 visa saved any appreciable time. Unfortunately USCIS still publishes information that gives the impression it is not only a good idea to file both petitions but that there is some time savings to look forward to. Both of those impressions are false.

Adjustment of status is a very good option in the OP's case if the "decision" to "stay" occurs after entry. It is not a crime to explore options in advance. For all we know, there hasn't even been a proposal yet.

Actually we DO know there's been a proposal because they're MARRIED!! Since 2009 no less... he says that in the OP, second sentence.

Edited January 28, 2012 by Vanessa&Tony