K3 Visa?

[geoffrey 0]

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.

All of the paper work and evidence is the same for both the k3 and IR-1?

[jaycali 415]

All of the paper work and evidence is the same for both the k3 and IR-1?

All paperwork required for IR-1/I-130 is included in the K-3/I-129f package.

You're good.

Edited May 25, 2012 by jaejayC

[JohnR! 5,495]

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. Your lawyer has catered for any contingency by sending in all the troops. I hope your family is with you soon.

[geoffrey 0]

Yes. Your lawyer has catered for any contingency by sending in all the troops. I hope your family is with you soon.

You all scared me that my lawyer wasn't legit? I worked hard for that dough and trusted in this man for my family. My heart started racing there.

[pushbrk 12,084]

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.

Both the I-130 and I-129F are petitions. Neither is a visa or a visa application. When your I-130 is approved, your spouse will apply for an IR1 visa. When your I-129F is approved, it will subsequently be administratively closed by NVC. Your wife will never have an opportunity to apply for a K3 visa.

Nothing is being turned into anything. You started two paths towards two separate visas. The K3 path was and is, simply a dead end. The IR1 path will continue.

[JohnR! 5,495]

You all scared me that my lawyer wasn't legit? I worked hard for that dough and trusted in this man for my family. My heart started racing there.

I realized from the original post that you were concerned at to whether your lawyer was acting in a less-then-professional manner and taking you for a spin.

No he is not. His approach was to surround the issue from all sides. He is taking no chances.

What I did say, and I apologize if it troubled you, was that in most cases, you would not need a lawyer to do the process for you. Albeit seemingly arcane,the entire visa process is not all that complicated, in the end.

[jaycali 415]

I realized from the original post that you were concerned at to whether your lawyer was acting in a less-then-professional manner and taking you for a spin. No he is not. His approach was to surround the issue from all sides. He is taking no chances.

I would consider the fact that the lawyer never mentioned anything about a CR-1/IR-1 visa a warning sign, when he should know as an immigration attorney that this is the only visa that will be issued. But that's not my call to make.

As long as he filled out all the required paperwork for what was once the I-129f/K-3 process though, he hasn't done anything wrong.

Pushbrk's path analogy is spot on.

Edited May 26, 2012 by jaejayC

[JohnR! 5,495]

1338046009[/url]' post='5401586']

As long as he filled out all the required paperwork for what was once the I-129f/K-3 process though, he hasn't done anything wrong.

That was my point from the beginning... Tomato-tomahto...

[geoffrey 0]

That was my point from the beginning... Tomato-tomahto...

OK so this goes to everyone..................We are on the right track here and I don't need to completly flip my lid? hahaha. I just need wait for my NOA2 and see whats next correct?

[JohnR! 5,495]

1338049360[/url]' post='5401655']

OK so this goes to everyone..................We are on the right track here and I don't need to completly flip my lid? hahaha. I just need wait for my NOA2 and see whats next correct?

Geoffrey, I think some here may have gotten lost with semantics. LOL. Unfortunately the written word conveys no inflection...

Regardless of whether a K-3 is rerouted into a CR-1 or converted into enriched nuclear fuel, the fact remains that what your lawyer did will not delay nor expedite the process through which you and your wife need to go. Your next step is to wait for further instructions, if there is a need for more documentation or what not.

Keep your eyes on the prize and sonn enough the two of you will be together. THAT is what really matters, in the end.

Happy memorial day!

[geoffrey 0]

Geoffrey, I think some here may have gotten lost with semantics. LOL. Unfortunately the written word conveys no inflection...

Regardless of whether a K-3 is rerouted into a CR-1 or converted into enriched nuclear fuel, the fact remains that what your lawyer did will not delay nor expedite the process through which you and your wife need to go. Your next step is to wait for further instructions, if there is a need for more documentation or what not.

Keep your eyes on the prize and sonn enough the two of you will be together. THAT is what really matters, in the end.

Happy memorial day!

Gegel!!!! Your the bomb. That's what I needed to hear. It took twenty responses and going around in circles here to get a direct answer. All I wanted to originally know was whether or not we are ok. The wait continues, and its hard but at least I am reassured that things have been done right and I put my money in the right place as far as my lawyer goes. I dont think there is anyway to expedite the process anyhow. Just wanted all my t's crossed and i's dotted , that's all. Thanks Gegel. After all this is said and done I dont want to hear USCIS, NOA, NVC,etc etc etc every again.

[Darnell 8,478]

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.

Depends on family size.

If there was only ONE I-130

and IF the lawyer was banking on a possible K-4 to slip through with a K-3, then,

NO.

How big is the family , to be re-united,

and

how many I-130's were filed?

[geoffrey 0]

Depends on family size.

If there was only ONE I-130

and IF the lawyer was banking on a possible K-4 to slip through with a K-3, then,

NO.

How big is the family , to be re-united,

and

how many I-130's were filed?

My wife and her daughter. We just had our son three weeks ago. The daughter of my wife and my son are american citizens though. The only one I need to petition for is my wife. Hey Darnell please don't add to the doubts, make a positive contribution for my peace of mind. This whole process is stressfull enough already.

[Darnell 8,478]

add to the doubts? me? ok - study my prior posts in the K-3 forum using the advanced search tool. I've said it all, already already.

[Adriene H 89]

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.

He may have to show proof of rehabilitation?