K3 Visa?

[geoffrey 0]

I am reading these posts everywhere here that K3 visas do not exist any longer? I paid an attorney alot of money to help me organize and put together my k3 packet. I am very concerned now and have called him to check to see if the k3 is still valid and he assures me it is. Can you all help me make sense of this?

[Egypts Girl 9]

The K3 usually dies at the NVC. The I-130 and K3 petitions are approved at same time, but most of the time, the K3 dies at the NVC, and the beneficiary gets interview for the CR-1 . K3 is a waste of time, cost more after beneficiary gets here, and you paid your lawyer for nothing........

[geoffrey 0]

The K3 usually dies at the NVC. The I-130 and K3 petitions are approved at same time, but most of the time, the K3 dies at the NVC, and the beneficiary gets interview for the CR-1 . K3 is a waste of time, cost more after beneficiary gets here, and you paid your lawyer for nothing........

what do you mean I paid my lawyer for nothing?

[JohnR! 5,495]

I am reading these posts everywhere here that K3 visas do not exist any longer? I paid an attorney alot of money to help me organize and put together my k3 packet. I am very concerned now and have called him to check to see if the k3 is still valid and he assures me it is. Can you all help me make sense of this?

Geoffrey, K-3 visas still exist. They are somewhat more expeditious than the CR-1 process, for they allow for the beneficiary to initiate the process in his/her home country and finish it here in the US.

If you get frustrated with your lawyer, the K-3 is a process you can do on your own, provided neither you nor the beneficiary possess a criminal record. You may check out the following link, by the Dept of State

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

Good luck!

[geoffrey 0]

Geoffrey, K-3 visas still exist. They are somewhat more expeditious than the CR-1 process, for they allow for the beneficiary to initiate the process in his/her home country and finish it here in the US.

If you get frustrated with your lawyer, the K-3 is a process you can do on your own, provided neither you nor the beneficiary possess a criminal record. You may check out the following link, by the Dept of State

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

Good luck!

I do have a small criminal record dating back to over 12 years ago. Do you think that may be an issue. It was only for possesion of a controlled substance when I was 19 years old and since then there has been absolutely nothing. I informed my laywer of this and he said he did not think it would be that big of issue. Is it?

[pushbrk 12,092]

Geoffrey, K-3 visas still exist. They are somewhat more expeditious than the CR-1 process, for they allow for the beneficiary to initiate the process in his/her home country and finish it here in the US.

If you get frustrated with your lawyer, the K-3 is a process you can do on your own, provided neither you nor the beneficiary possess a criminal record. You may check out the following link, by the Dept of State

http://travel.state....types_2993.html

Good luck!

Clearly, you haven't read the information at the link you posted. Scroll down to the second step and you'll see how the K3 process is victim of first degree murder.

K3, though still on the books, is effectively extinct since February 1, 2010. Really, read what's posted at the link.

[jaycali 415]

Geoffrey, K-3 visas still exist. They are somewhat more expeditious than the CR-1 process, for they allow for the beneficiary to initiate the process in his/her home country and finish it here in the US.If you get frustrated with your lawyer, the K-3 is a process you can do on your own, provided neither you nor the beneficiary possess a criminal record. You may check out the following link, by the Dept of Statehttp://travel.state.gov/visa/immigrants/types/types_2993.htmlGood luck!

I'm sorry but this is very misleading.

The K-3 exists only on paper. Not in reality. It was made for a time when the CR-1 process took years to complete. Recent processing times for CR-1 visas have made the K-3 worthless as the I-129f and I-130 are processed at roughly the same time.

OP: If you applied for a K-3, there would also be an I-130 in your petition package. What will happen is that the I-130 petition (CR-1) and I-129f (K-3) are approved at the same time. Since CR-1 is a superior visa to the K-3, the K-3 will be administratively closed by NVC, and your case will be handled as CR-1. You won't have to do anything but wait for both petitions to be approved at the same, and the K-3 automatically be administratively closed.

If you paid extra for the lawyer to file an I-129f, get a new lawyer and ask for a refund. If he charged a flat fee for both I-130 and I-129f, then you're good to go. But reconsider the lawyer anyway if he told you the K-3 would give you brighter days.

He assured you the K-3 still exists, but forgot to tell you that it only exists on paper.

Edited May 25, 2012 by jaejayC

[jaycali 415]

I do have a small criminal record dating back to over 12 years ago. Do you think that may be an issue. It was only for possesion of a controlled substance when I was 19 years old and since then there has been absolutely nothing. I informed my laywer of this and he said he did not think it would be that big of issue. Is it?

Are you the US citizen? If so, it shouldn't be a problem.

Are you the foreigner? Then it depends on the controlled substance. If it was a small amount of marijuana, you should be fine. If it was heroin/cocaine/methamphetamine etc., you have a problem.

Edited May 25, 2012 by jaejayC

[JohnR! 5,495]

I do have a small criminal record dating back to over 12 years ago. Do you think that may be an issue. It was only for possesion of a controlled substance when I was 19 years old and since then there has been absolutely nothing. I informed my laywer of this and he said he did not think it would be that big of issue. Is it?

Your record should not depose against you in this situation. If it is closed and you are done with it, there is nothing to fear.

[geoffrey 0]

I'm sorry but this is very misleading.

The K-3 exists only on paper. Not in reality. It was made for a time when the CR-1 process took years to complete. Recent processing times for CR-1 visas have made the K-3 worthless as the I-129f and I-130 are processed at roughly the same time.

OP: If you applied for a K-3, there would also be an I-130 in your petition package. What will happen is that the I-130 petition (CR-1) and I-129f (K-3) are approved at the same time. Since CR-1 is a superior visa to the K-3, the K-3 will be administratively closed by NVC, and your case will be handled as CR-1. You won't have to do anything but wait for both petitions to be approved at the same, and the K-3 automatically be administratively closed.

If you paid extra for the lawyer to file an I-129f, get a new lawyer and ask for a refund. If he charged a flat fee for both I-130 and I-129f, then you're good to go. But reconsider the lawyer anyway if he told you the K-3 would give you brighter days.

He assured you the K-3 still exists, but forgot to tell you that it only exists on paper.

[jaycali 415]

what do you mean I paid my lawyer for nothing?

No, you paid for your lawyer to apply for a visa that doesn't exist in real life, and instead will be administratively closed once it reaches NCV, thereby leaving you with a CR-1 visa (a far better visa).

The I-129f petition is worthless when filed alongside I-130. They will be approved at the same time.

Your record should not depose against you in this situation. If it is closed and you are done with it, there is nothing to fear.

That depends entirely on whether he is the beneficiary or the petitioner. If he is the beneficiary it depends entirely on the amount and on what kind of controlled substance it was.

Edited May 25, 2012 by jaejayC

[geoffrey 0]

I'm sorry but this is very misleading.

The K-3 exists only on paper. Not in reality. It was made for a time when the CR-1 process took years to complete. Recent processing times for CR-1 visas have made the K-3 worthless as the I-129f and I-130 are processed at roughly the same time.

OP: If you applied for a K-3, there would also be an I-130 in your petition package. What will happen is that the I-130 petition (CR-1) and I-129f (K-3) are approved at the same time. Since CR-1 is a superior visa to the K-3, the K-3 will be administratively closed by NVC, and your case will be handled as CR-1. You won't have to do anything but wait for both petitions to be approved at the same, and the K-3 automatically be administratively closed.

If you paid extra for the lawyer to file an I-129f, get a new lawyer and ask for a refund. If he charged a flat fee for both I-130 and I-129f, then you're good to go. But reconsider the lawyer anyway if he told you the K-3 would give you brighter days.

He assured you the K-3 still exists, but forgot to tell you that it only exists on paper.

Ok this was the answer from this forum that I was looking for. You could not have been more straight forward. I appreciate that. So basically I have filed both the i130 and i129f and a k3 so what yoiur saying is once nvc gets their hands on it they will turn in into a ir1 or cr1. We have been married for four years so I believe the ir1 is the visa? I did not pay extra for any of this from attorney, it has been a flat fee for everything. $3000 in all i dont is that high. I am a little confused to why he chose to file the k3 and we never talked about the cr1 or ir1 at all.

[JohnR! 5,495]

I'm sorry but this is very misleading.

The K-3 exists only on paper. Not in reality. It was made for a time when the CR-1 process took years to complete. Recent processing times for CR-1 visas have made the K-3 worthless as the I-129f and I-130 are processed at roughly the same time.

OP: If you applied for a K-3, there would also be an I-130 in your petition package. What will happen is that the I-130 petition (CR-1) and I-129f (K-3) are approved at the same time. Since CR-1 is a superior visa to the K-3, the K-3 will be administratively closed by NVC, and your case will be handled as CR-1. You won't have to do anything but wait for both petitions to be approved at the same, and the K-3 automatically be administratively closed.

If you paid extra for the lawyer to file an I-129f, get a new lawyer and ask for a refund. If he charged a flat fee for both I-130 and I-129f, then you're good to go. But reconsider the lawyer anyway if he told you the K-3 would give you brighter days.

He assured you the K-3 still exists, but forgot to tell you that it only exists on paper.

Yes, in a perfect world one would preclude the existence of the other.

[geoffrey 0]

Yes, in a perfect world one would preclude the existence of the other.

So with what I have filed and what I have done so far with my lawyer, it is not entirely off mark and will get the process for my family to be reunited. This is a simple yes or no everyone, Can I get that please? Not a yes but, just a simple yes or no.

[jaycali 415]

Ok this was the answer from this forum that I was looking for. You could not have been more straight forward. I appreciate that. So basically I have filed both the i130 and i129f and a k3 so what yoiur saying is once nvc gets their hands on it they will turn in into a ir1 or cr1. We have been married for four years so I believe the ir1 is the visa? I did not pay extra for any of this from attorney, it has been a flat fee for everything. $3000 in all i dont is that high. I am a little confused to why he chose to file the k3 and we never talked about the cr1 or ir1 at all.

Any time. The I-130 is the proper petition for a spousal visa nowadays. The K-3 (which used to be much quicker than the CR-1/IR-1) includes an I-129f filed alongside the initial I-130. Years ago, the I-129f would be approved much sooner than the I-130, and be transfered to the NVC to allow you to apply for a K-3 visa while waiting for the I-130 to process. Since both I-129f and I-130 have been filed, the I-130 ensures your case will be handled as IR-1 once approved. You or your spouse (whoever is the foreigner) will then be able to enter the US as a permanent resident from day 1, instead of having to adjust status, as was the case for K-3.

So with what I have filed and what I have done so far with my lawyer, it is not entirely off mark and will get the process for my family to be reunited. This is a simple yes or no everyone, Can I get that please? Not a yes but, just a simple yes or no.

Yes.

Edited May 25, 2012 by jaejayC